In a Gwinnett County divorce case, can one attorney represent both parties?

Posted by Doug Lewis | Apr 23, 2015 | 0 Comments

No, one attorney cannot represent both parties in a divorce case even if it is an ‘uncontested' divorce case. It would be unethical to do so because of the conflict of interest that arises in that situation. One attorney cannot look out for the best interests of both parties at the same time in a Georgia divorce case.

Even if the parties agree on everything in the divorce case and it is an uncontested or settled matter they are still opposing parties in a legal action which creates a conflict of interest for one attorney to represent both parties.

I always recommend that both parties hire their own attorney in a divorce case, whether it is a settled or contested divorce case.  However, it is not uncommon to have a Plaintiff being represented by an attorney in an uncontested divorce in Gwinnett County and the Defendant not being represented by an attorney (often referred to as a ‘pro se' Defendant).  In cases where there is only one party being represented by a lawyer that lawyer will usually not meet with the unrepresented spouse so as not to give the appearance that the attorney is advising or giving any legal advice to the unrepresented spouse.

An option for parties that are unrepresented in a divorce case and want to attempt to settle the divorce case is to have the parties hire a divorce mediator who is an experienced divorce attorney who will act as a ‘neutral' during the mediation session and who will give both parties legal information, but not legal advice in an effort to help facilitate a divorce settlement agreement between the parties that can be filed with the court.

Gwinnett County Divorce and Family Law Attorney Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce and family law cases.  Douglas W. Lewis, Esq. is also a registered mediator in the State of Georgia in the areas of divorce, family law and civil litigation.  If you have any questions or want to schedule an office consultation then please contact Doug Lewis at 770-682-3765 or via email.

About the Author

Doug Lewis

Doug is an experienced trial lawyer and advocate with a particular emphasis in family law, civil litigation and criminal defense matters.  As a family lawyer, he has represented a wide range of clients in nearly every type of situation, including, complex and simple divorces, custody disputes, contentious move away proceedings, modification of child support and custody cases, contempt actions and restraining/protective order proceedings.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Douglas W. Lewis, Attorney at Law

My philosophy is to treat you with the same care and respect as I would for one of my own family. I am committed to providing a high level of personal care and attention to every aspect of your case until it is resolved. I will work closely with you and provide individualized attention in my aim to resolve your legal challenges in an efficient and cost-effective manner.

Contact Us Today!

If you or someone you know needs an experienced attorney in Gwinnett County or the surrounding counties, then please contact me for a free phone consultation at 770-682-3765.

154 Stone Mountain Street
Lawrenceville, GA 30046
Mon, Tue, Wed, Thu, Fri: 09:00am - 05:00pm