One Spouse = One Lawyer

I am asked, from time to time, to meet (and give legal advice) to both spouses in a separation. In such situations, one spouse, by way of telephone call, tries to convince me that he or she are not fighting with the other, that they have agreed on everything and that they simply need one lawyer to "put it in writing" or "finish the paperwork". The primary motivation is such cases is cost.

While the fact that you and your spouse get along is a great thing, that cooperation does not alter the fact that your rights before the law may be adverse (different). For this reason (and several others), each of you needs a lawyer of your own. The fact that you are cooperating will simplify matters considerably and save costs as well, but one lawyer cannot act for you both.

It is possible for one lawyer to prepare a Separation Agreement, for example, on behalf of either the husband or the wife (his or her client). The other lawyer will then review the draft of the document and advise his or her client about it, independently and confidentially. In this scenario, one lawyer will represent one client (spouse) - at all times.