A lawyer cannot file your Georgia divorce and represent your spouse in it, even if you both agree.
Can One Lawyer Represent Both of Us?
No. Under Georgia Rule of Professional Conduct 1.7(c)(2), client informed consent “is not permissible” if the representation “includes the assertion of a claim by one client against another client represented by the lawyer in the same or substantially related proceeding.”
Can My Spouse’s Lawyer Advise Me?
If you have no lawyer, Rule 4.3(b) bars your spouse’s lawyer from giving “advice other than the advice to secure counsel” when the lawyer knows or reasonably should know your interests “have a reasonable possibility of being in conflict” with the client’s. Its comment still lets that lawyer, after making clear that the lawyer represents your spouse, not you, negotiate with you and “prepare documents that require the person’s signature.”
In Renshaw v. Feagin, 199 Ga. App. 148 (1991), a mother who said she could not afford a lawyer signed a custody agreement prepared by a lawyer the father hired, who testified he was “just basically doing paperwork” and represented both parties because it was uncontested. The trial court found the agreement voluntary and upheld the order giving the father custody, and the Court of Appeals affirmed. Her argument that the lawyer broke the ethics rules, first raised on appeal, was not considered.
Can a Lawyer Who Represented My Spouse Take My Case?
Rule 1.9(a) bars a lawyer from representing you against a former client in “the same or a substantially related matter” unless “the former client gives informed consent, confirmed in writing.” Its comment adds: a lawyer “who has represented a businessperson and learned extensive private financial information about that person may not then represent that person’s spouse in seeking a divorce.”
Can My Parents Pay My Lawyer?
Yes, under Rule 1.8(f), if (1) “the client gives informed consent”; (2) “there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship”; and (3) client information “is protected as required by Rule 1.6.”
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!