Legal Question in Family Law in Rhode Island

can two lawyers work with each other without me for divorce/alimony? I want to do this because I am in fear of my husband.

Asked on 3/03/13, 1:04 pm

1 Answer from Attorneys

Christopher Pearsall Law Office of Christopher A. Pearsall, Esquire

Two Lawyers cannot do the whole thing regarding divorce or alimony without you. To do such a thing without advising the client and without having the client make the final decision would be absurd and a lawyer would be taking a HUGE risk of liability. Client's make the ultimate decisions. Lawyers can identify for you your options, alternatives and also provide recommendations but they do not make the ultimate decisions and should not do so. Even if you are in fear of your husband you need to have at least partial contact with your lawyer on all these issues and make decisions about these things with the help of your lawyer.

It is not wise to simply hire a lawyer and give the lawyer carte blanche power to make decisions for you in your divorce. Remember, this has to do with your life and your rights. You need to participate and make the ultimate decisions.

Can it legally be done. Technically I suppose it can be. However, you would essentially be giving your lawyer a power of attorney to make decisions for you without your input. This should never be done and while I work well with my own clients and I protect scared spouses, I would NEVER do this for any client. The client needs to participate. These decisions are for your life, not the attorney's life. Your attorney can shield you from many things having to do with the fear of your husband but should NOT do so entirely. In my professional opinion this is ALWAYS a bad idea!

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Answered on 3/03/13, 3:57 pm

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