A divorce is a sensitive
time for the involved parties. For that reason, it often gets accompanied by a
distressed and anxious state of mind. Thus, it is no surprise that several conflicts
can occur in this span. It can be between the spouses, their children, or even
with the divorce solicitors.
Such disputes can arise
due to conflicting interests. It is even more so when the hired divorce lawyer
cannot determine the imminent or inevitable red flags that can appear during
their conversation with their client. The best solution in such instances is to
go over to some other attorney who can handle and settle the case peacefully. A
few general circumstances where a conflict of interest with a divorce lawyer
can happen consist of the following scenarios:
- The divorce attorney is a friend related
to the families of any of the spouses
- The lawyer had served as a representative
of the client or their spouse during their marriage
- The divorce attorney belongs to the
family of the client’s spouse.
- The lawyer remains employed with the
client’s spouse with matters related to the divorce or some other case
- The divorce attorney had represented or worked for someone belonging to the client’s family or their spouse’s
Hiring Different Divorce
Lawyers
In some cases, the two
spouses involved in a divorce proceeding may try to hire or employ a single
divorce attorney. They may do so to save up on the fee expenses. However, it is
a non-ethical approach for the lawyer even if the entire process remains
amicable and the separation agreement gets decided on
beforehand.
In addition to
that, such an approach may lead to numerous disputes. It may happen if
the attorney fails to handle the matters flawlessly. The excessive
burden on the lawyer may lead to it more often than not. Neither party
can get the settlement they wish for if that happens, resulting in a
poor closure of the entire divorce case.
For that reason, the
spouses should choose different divorce attorneys. Women who feel uncomfortable
with the proceedings can choose female divorce lawyers around
whom they feel secure.
Avoiding Mutual Friends
Conflict of interests
can occur when the hired divorce attorney on either side is a mutual friend of
the spouses. In such instances, the lawyer may face trouble maintaining an
objective point of view because they get forced to choose sides. Thus, they get
stuck in an uncomfortable situation that impairs their performance. That is why
divorce lawyers who are mutual friends should not get hired for the
proceedings.
Extensive Knowledge
The compensation
claim solicitors chosen should not have any prior connections to the
spouses involved in a divorce case. However, it does not mean that the involved
parties should not perform any research and hire an unprofessional and
incapable attorney. It becomes detrimental to all associated individuals if
that happens.
It can get owed to the
continuing conflicts that may arise due to the divorce attorney’s lack of
knowledge and understanding. It is highly likely and probable that they would
suggest something that does not sit right with their client, leading to
unending disputes. It gets escalated even more if the lawyer can express their
points lucidly and make the others understand what they mean to say.
For that reason, it is
best to hire an experienced and professional divorce attorney. They have all the
skills and capabilities relevant to handling a separation case. That is how
they can settle the matter effortlessly and conveniently.
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