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Couple separated. Same solicitor for dox

  • 04-09-2014 11:04pm
    #1
    goz83
    Registered Users, Registered Users 2 Posts: 8,035 ✭✭✭


    If a married couple are separated, is there a problem with them using the same solicitor to get documents signed for a mediation agreement for shared custody of their children?


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    If it is in relation to witnessing the swearing of documents, then I don't see an issue.

    I am assuming that a different party (other than the proposed solicitor in question) acted as mediator in relation to the custody agreement.

    Other than that, a solicitor should never act for both parties in relation to litigation or contentious issues, as there would be conflict of interest.

    There is also this (p.23). However, I note that you do not ask about advice, just signing documents.
    Family law
    Where a solicitor has acted for both parties in a non-contentious matter, and subsequently one or other of the parties returns to that solicitor seeking family law advice then, before the solicitor agrees to act, he should satisfy himself that he has acquired no information from that prior transaction that could lead to a possible conflict of interest. He should also ensure, by correspondence if necessary, that the other party has no reasonable objection to the retainer.


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