Can One Attorney Represent Both Parties in a Divorce?
No. According to the South Carolina Bar, one attorney is not allowed to represent the best interests of both parties. The reason is because the husband and wife are potentially adversarial. What may be in the best interest of the husband may not be in the best interest of the wife, and vice versa. If an attorney were to try and represent both parties, that would be called a conflict of interest.
Although a divorce attorney cannot represent both parties in a divorce, he/she can and do draft settlement agreements for both parties to sign. The attorney can also give the other party any forms that need to be completed, but cannot give them advice. Advice can only be given to the person who hired the attorney.
If you need to seek the advice of a divorce attorney, please call one of our South Carolina Family Law attorneys at The Mace Firm to schedule a consultation or click on the link to our website www.themacefirm.com.
Our South Carolina family law attorneys in Myrtle Beach and Charleston are experienced in handling any type of divorce, custody, or separation. If you are experiencing a situation in which you need to contact a South Carolina family law attorney please contact our office for a consultation.
