Can We Use One Attorney For a Prenup?

Can We Use One Attorney For a Prenup?

Such a person is double-minded and unstable in all they do.  James 1:8

It’s a fair question – you will be spending a LOT of money on your wedding.

Why can’t you just share the same lawyer for your prenup?

Conflict of Interest

Answer: Because it’s an absolute conflict of interest!  A lawyer who would agree to represent both sides is violating professional rules, which makes him/her unethical, and likely incompetent.

ABA Model Rule 1.7 states:

(a) Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if:

(1) the representation of one client will be directly adverse to another client; or

(2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer’s responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.

In a Prenup, the Parties’ Interests are Directly Adverse

Think about WHY you are getting a prenup.  You are protecting yourself in the event of divorce.

As such, you will be negotiating terms that protect YOUR own interests.

But, what if I want to be fair to the other side?  Do we still need different lawyers?

You just said the “f” word.  Fair.  What is fair when you are getting divorced?  Read this article: Fairness in divorce is not about what you can get.

In the event you divorce, your interests will clash – even if you don’t think so right now (because you’re in love).

Thus, one lawyer cannot advocate for BOTH of you – that’s playing on both teams.  It doesn’t work, and it violates Rule 1.7 above.

Hire a Good Attorney So You Know What You are Getting Into

But beyond legal ethics, there is another reason you should hire your own attorney: marriage is a legal event and you should know what that entails!

Marriage gifts you with new rights (and curses you with new obligations).

Hiring ONE lawyer will not protect you.  You need someone who will look out for you (especially in your vulnerable state of “being in love”).

After all, a prenuptial agreement isn’t a light document.  You’re not signing a joint birthday card; you’re setting the stage for how assets and responsibilities will be handled if you guys divorce.

You should know exactly what you are getting into.

Hire Two Attorneys

So, if you’re going to be cheap, skip the cake or flowers.  But don’t skip out on attorneys.

I am sure in this town of lawyers, you may be able to fnd one who is willing to represent you both.

Don’t do it.  If you’re going that route, I would much rather you write your own prenup, and flush it down the toilet. (It’s likely more effective, and certainly a lot cheaper).