| pageout |
| (recently joined) |
| 07/20/09 04:08 PM |
same lawyer?
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Hello, I want to know whether a husband can hire the same lawyer that the wife has already hired.
thanks,
PG
| Buckeye |
| (Carpal \'Tunnel) |
| 07/20/09 06:27 PM |
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Re: same lawyer?
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NO - can't even hire an attorney that you have interviewed and discarded.
| pageout |
| (recently joined) |
| 07/21/09 11:16 PM |
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Re: same lawyer?
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is there anything called cooperative law? or something the kind?
thanks,
| Buckeye |
| (Carpal \'Tunnel) |
| 07/22/09 06:04 PM |
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Re: same lawyer?
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I don't know about that - but the only why you can have the same lawyer is if you both agree to it. Word of advice, say no.
| pageout |
| (recently joined) |
| 07/23/09 12:56 AM |
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Re: same lawyer?
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Because, all the lawyers I talked to say I don't have too many chances to get my daughter. So, i think of hers.
thanks,
| Buckeye |
| (Carpal \'Tunnel) |
| 07/23/09 03:55 AM |
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Re: same lawyer?
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The best you can hope for is 50/50 custody of your daughter. Sadly, that is the state of the court system for custody.
However, there are things that you can do to make your situation better.
First, ask for 50/50 custody especially if you have been an involved father.
Second, ask for Right of First Refusal. That way, if Mom is going out for the evening, etc., she has to call you to see if you want to take care of daughter. Of course, this will apply to you also.
Third, put in a no co-habitation clause if she has child with her - which will apply to you too.
Fourth, don't use the child to get back at your STBX.
| mb101 |
| (recently joined) |
| 10/22/09 11:14 AM |
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Re: same lawyer?
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Lawyers typically can't represent both a husband and a wife in a divorce. It would be a clear conflict of interest. Normally, this would be considered an unethical thing for an attorney to do and the attorney could get in serious trouble for doing so.
When you mentioned "cooperative law," I think what you were probably referring to was collaborative law. This is a process where both a spouses in a divorce make a certain committment to settling it out of court (more information at [censored]://en.wikipedia.org/wiki/Collaborative_law). However, it is my understanding that each spouse has their own lawyer in a collaborative divorce, as well.
If you do need an attorney, you should try to find one who is experienced and well respected in your local legal community. The lawyer with the biggest ad in the yellow pages is probably not your best bet. You should try to ask friends, family members, or other people you know (perhaps members of your church who have gone through a divorce). In other words, try to find an attorney who comes recommended by someone you trust. If you can't do this, you could also use a service that vets attorneys to some degree (like CheckedOutLawyers.com which does reference checks I think).