Can both parties be represented by the same legal aide office?

[showmetheway4]

Florida - I'm unsure if my wife is using our local legal aide office. If so, can I use it as well, provided I meet the income requirement?

General inquiry - My wife packed up and left while I was at work two months ago. I was served with pro se papers Jan 10th, leaving me 20 days to respond. Florida has a rule whereby a judge normally will not require counciling if there are no minor children. We have an adult child - 22 who is disabled. Although first wife wouldn't allow current wife to adopt, she recognizes wife to be the only mother she's ever known as her birth mother abandoned us when child was 1.5 years old. My second question is this. Although daughter is not a minor, in lieu of the fact that she's not completely independent, might the judge order counciling upon my request or the request of an attorney?

 

[justalayman]

I'm not clear:

did your wife eventually adopt the child?

 

[showmetheway4]

She did not adopt my daughter as her birth mother wouldn't allow it. Albeit, she is the only mother she's ever known and is emotionally attached beyond the guise of any official document. I'd like to ask the judge to consider ordering counseling in lieu of the circumstance. My daughter (22) is anything but independant. She in fact depends on both of us greatly. I understand that in the eyes of the law current wife is not my childs mother. Can/will a judge ever give weight to emotional attachment despite an adoption document.

Thank you for taking an interest in my matter

 

[justalayman]

if she never adopted your daughter, then the laws applicable to situations with a joint child do not apply nor does the ex-spouse have any inherent rights to visitation. The counseling is intended to preserve the nuclear family which is defined by the legal relationships of the parties involved.

You can ask for anything but if the law does not require it, don't expect it, especially if the other party doesn't agree with you.

as to the shared legal aid office:

A lawyer cannot represent both parties due to there being a conflict of interest and due to that, typically different lawyers from the same law firm would also have difficulty maintaining a claim of no conflict of interest but with a legal aid office where the attorneys are paid from some other source, I suspect it may remove the conflict of interest issue. The simplest way to get an answer would be to call them and ask.

I know of a situation where the divorcing party, or actually the wife, hired an attorney but the husband actually asked that same attorney for information. As long as the wife was aware of the situation and agreed to it, there was no legal issue created. The divorce was amicable and the husband saw no need to actually hire an attorney to fight for anything.

 

[LdiJ]

if she never adopted your daughter, then the laws applicable to situations with a joint child do not apply nor does the ex-spouse have any inherent rights to visitation. The counseling is intended to preserve the nuclear family which is defined by the legal relationships of the parties involved.

You can ask for anything but if the law does not require it, don't expect it, especially if the other party doesn't agree with you.

as to the shared legal aid office:

A lawyer cannot represent both parties due to there being a conflict of interest and due to that, typically different lawyers from the same law firm would also have difficulty maintaining a claim of no conflict of interest but with a legal aid office where the attorneys are paid from some other source, I suspect it may remove the conflict of interest issue. The simplest way to get an answer would be to call them and ask.

I know of a situation where the divorcing party, or actually the wife, hired an attorney but the husband actually asked that same attorney for information. As long as the wife was aware of the situation and agreed to it, there was no legal issue created. The divorce was amicable and the husband saw no need to actually hire an attorney to fight for anything.

We have had a lot of people here tell us that they couldn't get legal aid because their spouse did.

 

[justalayman]

We have had a lot of people here tell us that they couldn't get legal aid because their spouse did.

Thanks LdiJ. I wasn't aware of that and honestly, I find it a poor decision on the part of the legal aid providers. If a person qualifies, it is unfair to provide one party with representation and deny the need of the other party. They should find a way to provide both parties, if they qualify, with representation.

 

[LdiJ]

Thanks LdiJ. I wasn't aware of that and honestly, I find it a poor decision on the part of the legal aid providers. If a person qualifies, it is unfair to provide one party with representation and deny the need of the other party. They should find a way to provide both parties, if they qualify, with representation.

I have always thought it was unfair as well.

 

[Mass_Shyster]

I have always thought it was unfair as well.

It's an unfortunate consequence of the rules of professional conduct.

Rule 4-1.10 Imputed Disqualification: General Rule

(a) Imputed Disqualification of All Lawyers in Firm.

While lawyers are associated in a firm, none of them shall knowingly represent a client when any 1 of them practicing alone would be prohibited from doing so by rule 4-1.7, 4-1.8(c), 4-1.9, or 4-2.2.

Rule 4-1.7 Conflict of Interest: General rule

(a) Representing Adverse Interests.

A lawyer shall not represent a client if the representation of that client will be directly adverse to the interests of another client, unless:

(1) the lawyer reasonably believes the representation will not adversely affect the lawyer's responsibilities to and relationship with the other client; and

(2) each client consents after consultation.

 

[showmetheway4]

The papers I was served read: Petition for dissolution of marriage with property but no dependent or minor children. My daughter is anything but independent, albeit depends on both of us greatly. I'll make this point in my written response to the judge, at which time it will depend on how much weight, if any she'll give to the emotional bond between wife and daughter. We're a two income family (with a very tight budget) and I'll be unable to keep our home due to loss of wife's income. This will further interrupt my daughters stability.
I appreciate all you wisdom thusfar.

Would it be an exercise in futility to ask the judge (pro se) if she'd consider awarding me alimony? Wife does indeed earn more money than I. Not much - approximately $400.00 monthly. In lieu of her desertion and loss of that income, do you think the judge might consider such a thing?

 

[justalayman]

It's an unfortunate consequence of the rules of professional conduct.

but doesn't that state that with acknowledgment each party could be represented by a lawyer within the legal aid group?

In addition, I would wonder if the legal aid group may not be considered to be "a law firm", at least in the situations where the service providers are not actually employed by the legal aid group but some other law firm and the services provided through the legal aid group are simply pro bono services.

 

[mistoffolees]

It's an unfortunate consequence of the rules of professional conduct.

Bad example. The code of professional conduct you cited says that two lawyers in the same firm CAN represent opposing clients if the two parties both consent.

So legal aid could simply require that when someone uses their services, they must consent to the opposing party also using their services if asked.

 

[Ohiogal]

I have always thought it was unfair as well.

It is an ETHICAL issue in that one firm (and legal aid is a firm) can NOT represent both sides of an action. Unfair? Life isn't fair. It would be UNETHICAL for legal aid to represent both husband and wife.

 

[Ohiogal]

Bad example. The code of professional conduct you cited says that two lawyers in the same firm CAN represent opposing clients if the two parties both consent.

So legal aid could simply require that when someone uses their services, they must consent to the opposing party also using their services if asked.

The attorney and firm HAS to be willing to take the chance and quite frankly, most are NOT going to do so. If legal aid is sued for representing both parties in a divorce, that could devastate help for many others.