The best ways to avoid conflicts of interest with divorce lawyers

Conflict of interest is a big problem when you are trying to find divorce lawyers. While you may want to save money, there are factors to consider that could actually translate into a conflict of interest on the attorney’s part. A reputable divorce lawyer will recognize these red flags and recommend someone else to handle your case, but if that doesn’t happen, he should be aware of some cases that truly constitute a conflict of interest. In these cases, he needs to find another person to represent him:

• The attorney has represented you and your prospective ex-spouse at any time during your marriage.

• The attorney is a friend of your family and/or your spouse.

• The attorney is a member of the ex-spouse’s family.

• The lawyer works for someone in your spouse’s family or represents your spouse’s employer.

• The lawyer represents your spouse either in the divorce or in another matter that may be related to the divorce.

One place some couples try to save money when hiring divorce lawyers is to try to use the same. Even if the divorce is amicable and an agreement has been reached, the lawyer should not ethically represent both of you, and any reputable divorce lawyer will refuse to do so. This also applies to an attorney who has represented you in any capacity throughout your marriage, except perhaps in closing on your home. Conflicts of interest are one of the easiest ways to overturn a court decision, and you may end up with a settlement that is not in line with what you were ultimately looking for.

Another potential conflict of interest is the divorce lawyer who is also a friend of you and your spouse. In this case, you are asking the lawyer to pick a side, and while there are some people who can separate the personal from the business, divorce lawyers do not like to do this nor should they be asked to do so. If you have a friend who is a divorce attorney, he or she should ask you to recommend someone who can handle your divorce. In fact, you should also avoid family members, as this is likely to create an awkward post-divorce situation, an unhealthy situation if children are involved.

The easiest way to avoid conflicts of interest when choosing divorce lawyers is to choose someone with whom neither you nor your ex-spouse have any connection. In other words, don’t choose family friends or relatives from both sides of the family, any attorneys you’ve used in the past as a couple, and any attorneys who are connected to the ex-spouse’s employer. The more precautions you take to avoid conflicts of interest, the more likely it is that both divorce lawyers can work together to reach an agreement that is satisfactory to both parties to the divorce.