Over the past 20 years we have had this procedure, I have seen this done
multiple ways. One attorney did the joint petition but disclaimed giving legal
advice to either party. The lawyer was simply the conduit for the parties to
complete the divorce they wanted. Most typically, the lawyer declares that
he/she represents one party and advises the other party that they should get
separate rep. any time they so choose. Although the lawyer signs the petition
on behalf of both, there is private paperwork acknowledging the actual legal
representation. Sometimes a lawyer will do all the paperwork and then the
parties file it pro se under their own names. We have used this in my
collaborative cases where the team helps the parties put together the deal and
they sign the paperwork and submit it in their own names pro se. In the
settlement agreements I draft, I include a section that this case was settled
in the collaborative model and then list each lawyer and client.
However, we are not attorneys of record in the court case. Since each party
was rep. by counsel, there is no ethical dilemma.
Although I have noted concerns about the "cordial divorce", I agree with the
overall philosophy of encouraging more settlement, less stress, and less
expense. My words are those of caution, not criticism, and don't intend in any
way to denigrate what the lawyer in Washington state is intending to do. I
surmise that many of us have done something similar from time to time but we
may not have been as creative with the labeling and marketing of the concept.
Bob Lueck
Honey Hastings <honeyhastings@xxxxxxxxxxxxx> wrote:
Bob--Can you clarify the Nevada "joint petition" procedure? Does it
automatically mean one lawyer is representing both?
We have "joint petitions" in NH, but there is no requirement that the parties
agree to anything other than the need for divorce (& the other facts in the
petition). It may be signed by 2 lawyers, no lawyers, or one lawyer & one
self-represented party. As a practical matter, those who file a joint petition
usually either file the agreement with the joint petition or within a few
months of filing it.
One NH lawyer may not even consult with the 2 parties to a divorce, let alone
"represent" them in filing for divorce.
BTW-The joint petition is usually used in filing the agreement in a
collaborative divorce.
For the reasons Bob mentioned, even if your state allows one lawyer to
represent 2 parties, this "cordial divorce" seems very risky for the lawyer.
And if the goal is to avoid fighting, either collaborative practice or
mediation are fine methods.
Honey Hastings
honeyhastings@xxxxxxxxxxxxx
office/Wilton NH 603.654.5000
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ROBERT W. LUECK, ESQ
Attorney at Law
528 S. Casino Center Blvd. #311
Las Vegas, Nevada 89101
Phone 702-385-7385
Fax 702-385-3225
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