As Georgia divorce attorneys, unfortunately it is not uncommon for us to hear stories about divorcing couples who met with one attorney together, and had that one attorney handle their entire divorce action. This may seem simpler and more cost efficient, especially if the divorce is particularly amicable. However, not only is it unethical for a one attorney to represent both parties in a divorce action, but this practice will end up costing the couple more in the long run. See Code of Professional Responsibility, Rule 1.7 and 1.8. In fact, we here at Meriwether & Tharp often hear about these cases from the spouse or ex-spouse disadvantaged due to this practice, who is now seeking our aid in attempting to undo the damage caused by the initial representation. Please do not let this happen to you.
If you are seeking a divorce, and your spouse suggests that you both meet with one attorney, or if your spouse even suggests that you both should engage one attorney to simply draft the paperwork for your divorce, just say NO! This is dangerous. Although it is likely that the attorney agreeing to undertake this task means neither party any harm, attorneys are human, and humans inevitably tend to take sides. If the attorney handling your matter takes your spouse's side over yours, this could seriously disadvantage you, because you will not be expecting "your attorney" to act against your interests, and because you will not have independent counsel to seek advice from. Even worse, your spouse could be intentionally setting you up for failure. Even the most seemingly amicable divorces often cause individual to act out of character. Thus, your spouse's suggestion that you both engage the services of the same attorney may be a trap to get you to agree to terms that you would not agree to if you had your own attorney who was providing you with solid, independent legal advice. If you are seeking legal counsel that you can trust and depend on during your divorce, child custody matter, or modification action, give us a call at 678-879-9000 or complete the contact form on our main site. We're here for you!