In a divorce, some couples might ask ‘Can my lawyer present both parties?’. They often assume that they can usethe same lawyer to resolve theirlegal matters as cost-effectively as possible. It sounds like a good idea, but the answer is no, you and your ex-partner cannot use the same lawyer.
Conflict of Interest
The biggest concern comes down to conflict of interest. A conflict of interest arises when a lawyer’s representation of one client is directly adverse to the interest of another client.
For example, in matters regarding children’s arrangements and property settlement, what might be in the best interests of one party might not be ideal for the other. Even in family law cases where couples have reached a mutual agreement, there remains potential conflict interests through independent legal advice and confidentiality.
A lawyer Acting as a Mediator
Although a family lawyer is not allowed to present both parties, they can instead help with mediation. This is because some family lawyers also practice as accredited mediators. During the mediation, you and your ex-partner can use a single mediator to help facilitate the negotiation and resolution of family law issues. This can be a cost-effective way to resolve family law issues with the need of an family lawyer, however in some cases this is not always appropriate for example where there are safety concerns and allegations of family violence. We recommend you reach out to West Coast Legal to find out if mediation is suitable for your matter, and to learn more about your legal rights.
However, the mediating lawyer cannot give legal advice, they are simply there to facilitate a healthy discussion and to attempt to resolve the issues. Therefore, a mediating lawyer can only oversee your mediation as a neutral party
What a Mediator Can Do
· Explaining the legal terms of Family law;
· Helping you understand paperwork to complete;
· Explain the Duty of Disclosure;
· Discussing potential points of contention;
· Encouraging collaboration and easing tensions;
Let West Coast Legal Assist You
If you are unsure whether you need a divorce lawyer, it is best to speak to an experienced Family and Property Settlement Lawyer at West Coast Legal today on (08) 9325 334 for a free 15-minute phone consultation, or submit an online enquiry by clicking here.
