using the same attorney as donor

using the same attorney as donor

Anonymous
Anonymous

December 13th, 2010, 7:55 pm #1

do people do that?
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Joined: November 3rd, 2010, 10:16 pm

December 13th, 2010, 8:02 pm #2

W
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Joined: November 20th, 2006, 6:03 pm

December 13th, 2010, 9:06 pm #3

do people do that?
it will render the contract unenforceable if you do - donor can later claim she was under duress/ did not have proper representation if she is using the IPs' atty. She definitely needs her own, to prove that her interests were protected during the process. You don't want to open yourself up to a complications later re: disposition of embies or, g*d forbid, custody. Best,
Kenny
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Joined: September 13th, 2008, 5:13 pm

December 14th, 2010, 12:43 am #4

do people do that?
An ethical atty would never agree to do so. Maggie (in VA)
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Anonymous
Anonymous

December 14th, 2010, 2:47 am #5

My agency made it seem like this is the way the do it? that he represents both...Can someone recommend an attorney? How much should it cost?
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macphee
macphee

December 14th, 2010, 2:53 am #6

the cost was $750
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CatMama75
CatMama75

December 14th, 2010, 4:31 am #7

do people do that?
... and had no problems at all.

Good luck,
Cat
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Joined: September 13th, 2008, 5:13 pm

December 14th, 2010, 3:38 pm #8

My agency made it seem like this is the way the do it? that he represents both...Can someone recommend an attorney? How much should it cost?
OK, I'm presuming the attorney relied on (b)(1) and (b)(4). Certainly in a transaction that is as routine as this, there's an argument that (1) should apply. I don't think I'd be comfortable with it myself, however. Maggie (in VA)

The model rules of professional conduct state:

"(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:

{*snip*}

(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.

(b) Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if:

(1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client;

(2) the representation is not prohibited by law;

(3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and

(4) each affected client gives informed consent, confirmed in writing."
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Anonymous
Anonymous

December 14th, 2010, 5:59 pm #9

... and had no problems at all.

Good luck,
Cat
thank you,....do I pay for donor attorney ? or is that part of agency fee?
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ruby46
ruby46

December 17th, 2010, 3:27 am #10

do people do that?
please talk to a family law attorney to understand why you and the donor should each have your own attorney. ED agencies are businesses. They do not practice law and are not a reliable source of information as to how to make sure both you and your donor's interests are best protected. I can assure you they are not by using the same attorney for both. Even if someone posting here says they did it and are fine... it is NOT what you want to be doing.

Best of luck to you!
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