Glen A. Norton, Family Law Attorney 763-450-6600

An attorney will attempt to be loyal to only one person, his/her client.  If the attorney has represented both parties and could have obtained information that could be used against a person, he or she should not represent another person who could benefit from that information.  That is a conflict of interest.  For that reason, an attorney should not try to represent both parties to a divorce. 

Although when a couple comes to an attorney and thinks they have an amicable divorce, there may be things they do not understand about their rights, or they may not be adequately protecting one person's rights.  If the attorney seeks to represent both people, how can he/she tell the short changed person that he or she is paying too much to end the marriage?  Saying that to one person is clearly against the other person's interests.  This is a classic conflict of interests and should be avoided by all attorneys.

Therefore one attorney should represent one person.  If the other person feels they know what they are doing, they may review what was written by the attorney or have another attorney review it with them, and decide it is fair enough.  Then they can sign the settlement.  That second person is not represented and is not protected by the first attorney.  They are called a PRO SE party, or self represented.  Many cases settle in this way, and for less attorney’s fees expense.