Thursday, February 25, 2010

Can You Collaborate with One Collaborative Attorney?

I am often asked if one attorney, trained in collaborative divorce, can be used in the collaborative divorce model. One attorney cannot represent both the wife and husband, so one collaborative attorney cannot represent both parties. There would be a conflict of interest, meaning the attorney cannot advance the wife and the husband's legal position without an ethical issue. One attorney cannot advocate on behalf of both spouses. As such, one person would have to be pro se, meaning without an attorney. The spouse being represented by the attorney would have legal representation, the other, would not. Moreovier, if there is only one spouse with a collaboratively trained attorney and one spouse without an attorney, the case truly is not a collaborative case per se. A true collaborative case must have two attorneys. How do couples get around the two-attorney model when they want to proceed collaboratively but they just cannot afford to hire two attorneys? What are the ramifications of having only one attorney on the matter? I invite other collaborative team professionals to state their comments and exeriences that they have had when only one attorney attempts to proceed with a couple wishing to collaborate instead of litigate.

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