CAN'T WE JUST USE ONE ATTORNEY?
by Raymond Pater

Question:

If two people walk into my office and say, "this is what we have agreed on", what might I say in the right situation?

a) It doesn’t take a genius to figure out who is in control here, and only one of you is getting a good deal?

b) There is one thing that neither of you have mentioned. Why are you not dividing his pension when that appears to be your most important financial asset? Was that an oversight? Was that based upon an emotional decision as to fairness (is it really fair that he gets it all and you get none of it)? Was that based upon the fact that you didn’t know you were entitled to a portion of it?

c) Because of your disparity in incomes and need by the one spouse, I must recommend that we consider the need for spousal support?

d) This seems to make sense right now, but what should be the language that we should include if _____________________ happens?

Answer:

I can’t say any of them, because I don’t know who I represent. A Michigan attorney cannot represent both parties in a divorce case. As one website states: “If your spouse says that his or her attorney can represent both you, you’re being set up. It’s a trap.” I wouldn’t use those words, but there is a lot of truth there. It is a trap in the sense that someone who thinks that he or she is saving money may lose hundreds or even thousands of dollars in the process.

Sometimes a person retains me and presents me with a proposed Judgment of Divorce. I ask a lot of questions so that I have a good idea as to the marriage, the assets, etc, and then we review the language of the proposed Judgment. Once in a great while, I might suggest that the Judgment appears fair and both parties should be able to live with it, without change. That is not that common. By the use of language, by leaving certain things out of the Judgment, or by an unfair distribution, most of the time the other attorney has drafted the Judgment of Divorce to favor the other party.

Don’t wait until your spouse presents you with a proposed Judgment of Divorce before you retain an attorney. Retain one early so that you abide by court imposed deadlines and so that your interests are protected from the very beginning and your attorney is not forced to play catch up. There is a time to save money, but getting divorced without an attorney may be a bad bet. It also helps if your attorney is very experienced in divorce and knows when to accept an offer and when to object. Sometimes, an attorney can make one phone call and persuade the other attorney to make a significant change to the other’s offer. Retain an attorney who knows the law and does not have the habit of making every case a full blown legal battle.

There are lots of good sayings when it comes to lawyers. Some of them are funny and some are true. You decide:

• The minute you read something that you can't understand, you can almost be sure that it was drawn up by a lawyer. (Will Rogers).

• Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough. (Abraham Lincoln)

• A man who represents himself has a fool for a client. (Abraham Lincoln).

For an experienced lawyer to handle your divorce or family law issues, contact us at 616-396-8883.