The ‘One Lawyer’ Approach
The ‘One Lawyer, Two Clients’ approach is an innovative model that allows both parties to instruct a single lawyer to provide advice on separation – including in children and finance matters.
The jointly instructed lawyer does not represent either of the parties on an individual basis, but they will advise and assist both in the preparation of documentation, disclosure and negotiation.
This is a co-operative approach and is most successful where a separating couple have shared objectives; and are able to reach a consensus on how those objectives should be reached. Both parties will be in attendance during meetings with the lawyer, and all information and communication is openly shared.
Given the freedom of information being passed between the parties, the process is highly regulated, and both parties will need to be made aware of the specific terms and conditions that will apply should they choose to share a single lawyer.
Advantages of the One Lawyer Approach:
- As there is only one lawyer instructed, and the couple are sharing the costs, this can help to keep expenses to a minimum.
- This approach encourages open communication and can help to avoid animosity. This can be especially advantageous where the parties need to maintain an ongoing co-parenting relationship.
- As both parties are receiving the same advice, and there is no focus on either party ‘winning’, the parties are more likely to reach a cohesive compromise that works in both of their favours.
Disadvantages of the One Lawyer Approach:
- Instructing a single lawyer will not be suitable in all circumstances. In situations where there have been issues such as domestic abuse, high levels of conflict or controlling and coercive behaviour, the one lawyer approach may not be appropriate as it may not be possible for one lawyer to act in the best interests of both clients.
- As with all collaborative methods of dispute resolution, both parties need to be fully invested in the process for it to be successful.