RE: [CollabLaw] "cordial divorce" - new method in Wash. State
- From: "Jeff Bean" <yahoo@xxxxxxxxxxxxxxx>
- To: <CollabLaw@xxxxxxxxxxxxxxx>
- Date: Sat, 19 Apr 2008 15:56:31 -0700
I'm not a family law practitioner, but I don't see how one can represent
both parties to a divorce. Maybe those who do practice it see something I'm
missing here.
We use the model rules, and recently adopted the comments, too (with
additions -- after all, we are "the Soviet of Washington).
First, there appears to be a concurrent conflict of interest as the
representation of one client is directly adverse to another. RPC 1.7(a)(1).
Second, there's the significant risk that the representation of one client
will be materially limited by the lawyer's responsibilities to another
client. RPC 1.7(a)(2).
It appears to be a non-consentable conflict, as the representation involves
the assertion of a claim by one client against another client represented by
the lawyer in the same proceeding. RPC 1.7(b)(3).
Jeff Bean
The Bean Law Firm PLLC
Your Solutions - Beyond the CourthouseT
Mediation Services. Collaborative Practice.
Seattle 206 794 5585
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-----Original Message-----
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Ross Evans
Sent: Saturday, April 19, 2008 11:09 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: Re: [CollabLaw] "cordial divorce" - new method in Wash. State
This certainly seems like a perfect ethics contradiction to me. There is no
way that one lawyer can competently represent the interests of 2 individuals
that are terminating their marriage. How is this not a conflict waiting to
happen. i would not want to be Ms. Forrier's Malpractice Carrier.
Ohio allows for Dissolution of Marriages with all issues resolved, but if
only one Attorney is involved, one party waives counsel and is not
represented.
Ross M. Evans, Esq.
Katz, Greenberger & Norton LLP
105 East Fourth Street, Fourth Floor
Cincinnati, Ohio 45202-4056
Voice (513)721-5151 Fax (513)621-9285
e-mail: rme@xxxxxxxxxx
mobile e-mail (Emergency) rmevans@xxxxxxxxxxxxx
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luecklawcenter@xxxxxxxxx 04/19/08 1:05 PM >>>
In Nevada, we have a process for a joint petition divorce where the couple
files on joint petition for divorce. This assumes everything is settled and
agreeable to both parties. The eithical concern is that the parties may not
be getting unfettered and full advice on the law and their various rights
and responsibilities. The parties could easily have differing interests and
needs. For example, how do you represent both when one party desires
spousal support and the other is opposed to it. I have done joint petition
divorces but only in the simpler cases where the real serious issues and
clashes are not likely to be present. The cordial divorce sounds like a
good idea but I would caution anyone to tread carefully in these cases.
Bob Lueck
Honey Hastings <honeyhastings@xxxxxxxxxxxxx> wrote:
The NH Bar Assoc. received this press release. Anyone on the list
serve from Washington State? Love to hear how this process fits with
your Professional Conduct Rules. Any sign of this process elsewhere?
Lynda H. McMaken Law Offices Introduce Cordial Divorce* -- Divorce
for Grownups
The Washington state law offices of Lynda H. McMaken are introducing
a new service -- Cordial Divorce* -- to help couples separate or
divorce in a way that is non-confrontational, prompt and economical.
Instead of engaging in a drawn-out, combative struggle between the
couple's attorneys, the concept of Cordial Divorce is for one
attorney to work with the couple and help them come to a speedy, non-
contested settlement that mutually represents both persons.
Bainbridge Island, WA (PRWEB) April 18, 2008 -- The law offices of
Lynda H. McMaken are introducing a new legal service -- Cordial
Divorce* -- to help couples end their relationship in a non-
confrontational way with less stress, expense and time than
traditional divorce.
The concept of Cordial Divorce* is that one attorney sits down with
the couple and helps them come to a mutually acceptable separation or
divorce. Instead of a potentially combative struggle between the
couple's attorneys that can be expensive and time-consuming, the
Cordial Divorce* attorney works with both persons to reach an
agreement on a speedy, non-contested settlement.
McMaken's Cordial Divorce* ensures expert legal counsel for
separation or divorce -- with or without property settlements --
including modifications to child support and parenting plans. Handled
primarily by attorney Heather Forrler, each person is mutually
represented. No court appearance by either person is required, and
the divorce can be completed within 100 days of the initial meeting.
Divorce is achieved through a flat fee, potentially saving thousands
of dollars.
"Divorce is a life-changing situation that impacts family members on
many levels," says McMaken. "During this stressful time in your life,
we now offer a non-confrontational process for couples to part
company that is prompt and economical."
Questions? See Divorce FAQs or contact Heather Forrler directly at
(206) 842-4731. Ask Forrler about the no-cost workshop on Cordial
Divorce* at 4:00 p.m., April 28, 2008.
The law offices of Lynda H. McMaken, established in 1988, specialize
in business law, estate planning and Cordial Divorce*. From offices
on Bainbridge Island, attorneys Lynda H. McMaken and Heather E.
Forrler serve clients throughout western Washington.
###
Press Contact: Lynda McMaken
Company Name: Law Offices of Lynda McMaken
Email: Email Us Here:
http://www.prweb.com/emailmember.php?
prid=870674
Phone: 206-842-8363
Website:
http://www.cordialdivorce.com ;
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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