Occasionally, the question is asked as to whether a spouse can appoint several lawyers in a divorce. Initially, cases are possible in which several lawyers are assigned at the same time:
Several lawyers in a law firm
A spouse commissions several lawyers in a law firm. This is possible, but not recommended. Because the divorce proceedings can also be done by a lawyer and the involvement of a second lawyer only causes unnecessary additional costs.
If legal aid is granted, it generally only covers the costs of a family lawyer.
Lawyers from various law firms in the divorce network
Although it is possible to hire lawyers from various law firms for the various divorce matters, such as a divorce office and another law firm. In practice, however, this is unusual and hardly practicable. First, the lawyers have to vote. On the other hand, the lawyer who deals with a complex distribution of household goods for a relatively small fee, annoyed because the other lawyer for the low work in the actual divorce receives a much higher fee. And finally, the assignment of lawyers from various law firms to the client is more expensive than the assignment of a lawyer from a law firm because of the peculiarities of the fee law.
Especially for reasons of cost, legal aid is only granted to a divorce lawyer from a law firm.
Lawyers from various law firms for divorce and isolated follow-up matters
Consequential matters do not always have to be combined, but can also be claimed separately (in isolation). Here, too, it is possible to hire different lawyers from different law firms for the divorce or the association and the respective isolated consequential case. However, due to the context, it should be left out.
Caution is always required when granting legal aid: If a follow-up case is not asserted in combination but in isolation, the grant of legal aid can be refused for wantonness.
The simultaneous assignment of several lawyers is the change of a lawyer to distinguish, for example, because the client is dissatisfied with his lawyer. Here are the following problems:
Lawyer change with own payment
If a client wants to change his lawyer, he regularly pays twice. Because of the peculiarities of the attorney fees, the second attorney again receives the fees that the first attorney can claim. Only then, if the first lawyer has not acted or otherwise breached his duties, the latter cannot charge any fees or must reimburse the advance payment received.
Lawyer change in legal aid
When granting legal aid, the client must regularly pay the second lawyer “out of pocket” if the first attorney’s fee is paid by the legal aid and the first attorney has not lost his entitlement due to inaction or breach of duty. In addition, the first lawyer has been assigned by the family court and must therefore first be released from the court before the second lawyer can act.
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