Consider the following scenarios, each involving lawyers and divorce:
- Rebecca and Zev were married for twenty years. Rebecca is an attorney. Zev is not. They want to divorce.
- Nancy and John were married for three years. John is an attorney. He wants Nancy to sign a post-nuptial agreement, and then he wants a divorce from her.
- Marshall and Malcom lived together for nine years and married for four years. They live in the South End of Boston and were equal partners in law and life. They want to divorce each other.
- Josh and Lee were married for seven years and now want a divorce. Josh is a transactional attorney and Lee is a litigator.
In all of the above situations, the parties want to divorce, and at least one of the parties is an attorney. When lawyers divorce, there are special considerations that must be evaluated during the divorce process.
Hire outside counsel:
First, the parties should hire outside counsel for the divorce and should not attempt to take on any of the legal work themselves–for several reasons. When engaged in a divorce, anyone (whether he or she is an attorney or not) must always think objectively and consider all of the ramifications of a decision. If the parties each hire separate counsel to handle their divorce, then the outside lawyers will treat the attorney(s) in the divorce in the same or similar manner as they would any client.
Additionally, there may be a concern that the attorney in the marriage, or the attorney with the most legal experience or even family law experience, may have some type of advantage over the other party. Even if this is untrue, the divorce proceeding should be kept as equitable and fair as possible for the parties involved. In one of the examples above, Rebecca is an attorney and Zev is not. In another, Josh is a transactional attorney and Lee is a litigator, which means that Lee may have an advantage and experience with being in a courtroom. Therefore, each should take care to hire outside counsel and not handle the case on their own, as this could be viewed (or claimed) as an unfair advantage.
Consider all aspects of the divorce:
Second, when lawyers divorce, they should consider other aspects of the divorce. This includes the legal and ethical consequences, especially if they own a firm together. It’s possible that two parties who want a divorce may also be business partners. For some general business partners, this is not a huge issue; for two lawyers in a divorce, however, there are several considerations to understand. In the example above with Marshall and Malcom, the two attorneys are equal law firm partners; here, it is important that they, as attorneys, consider their ethical duties. If Marshall or Malcolm decide to leave the firm, then it is important that each understand that they have duties to each other and their clients. For instance, they may not be able to join another firm with conflicts to the parties within their firm.
Invalid agreements:
Third, an attorney should not handle his or her own case because he or she may seek an unfair, unethical, or invalid agreement between his or her spouse. For example, in one of the above examples, John is an attorney who wants his spouse Nancy to sign a post-nuptial agreement. Post-nuptial agreements are created after a marriage occurs to set the standard for the divorce. Courts in Massachusetts would want to ensure that any such agreement is not based in fraud. A court may view John to have an unfair advantage over Nancy in his legal knowledge and experience; as such, he should not attempt to create a post-nuptial agreement.
Just as a surgeon would not operate on his own body or a physician would not diagnose and treat his or her own medical condition, an attorney should not attempt to handle his or her own divorce. When lawyers divorce, outside counsel should take care to treat the attorney as any other client. The outside attorney should continue to follow all of the Massachusetts Rules of Professional Conduct and remember that he or she does not owe a duty to both parties of the marriage, but to one party, the client.
Contact us:
Are you looking for an experienced Newburyport or Andover divorce lawyer or family law attorney? If you want to file for a divorce or if your spouse has indicated that he or she wants to file for a divorce, you should contact an attorney. Our divorce, family, and domestic relations attorneys may be able to take your case. You should not delay. Please contact our offices by phone at 978-225-9030 during business hours or complete a contact form on our website. We will respond to your phone call or submission with prompt attention.