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Can the Lawyer Represent Both of Us?

A lawyer cannot represent two spouses of the same marriage in a divorce in Texas.   Rule 1.06 of the Texas Disciplinary Rules of Professional Conduct says that “A lawyer shall not represent opposing parties to the same litigation.”  There is an inherent conflict of interest if a lawyer attempts to represent both members of the marriage. A mediator lawyer can be hired by both spouses to help the parties reach an agreement, but the mediator is not then permitted to file the divorce and process the case for the parties.

Our Solution To Keep Costs Down

Spouse 1 hires Cook & Cook to represent him/her in the divorce.  Cook & Cook files all necessary papers for the agreed divorce to occur.  Spouse 2 can sign off without a lawyer, or can hire a reviewing lawyer.  A reviewing lawyer will not enter an answer or appearance in the divorce but will be hired in a limited scope capacity simply to review the documents written, and to assure the none-represented spouse that the papers are written neutrally, or as agreed to by the parties.  Because the lawyer is not of record in the case, the lawyer is able to charge a much lower rate to act in this reviewing capacity.