Legal Question in Family Law in Missouri
Dissolution of Marriage/Legal Malpractice
Can a couple approach the same attorney and ask only for his/her assistance in drafting the proper papers for a dissolution of marriage (they are representing themselves in court)? If this is not a conflict of interest and the attorney does this, is he/she required to sign the papers drafted? Also, will the attorney be liable for any errors made?
1 Answer from Attorneys
Re: Dissolution of Marriage/Legal Malpractice
An attorney may represent both spouses in a divorce. It is tricky however, and if there are any contested issues, usually will not work because the attorney must tell anything that one spouse tells him to the other spouse. I have represented both spouses before, but only in situations where everyone agreed on everything.