The family justice system is ever evolving to find new ways to help separating or divorcing couples part ways constructively and with minimal financial and emotional cost to the family. In the last couple of decades, methods of non-court dispute resolution such as mediation, early neutral evaluations and arbitration have increasingly grown in popularity.
Amongst the newer arrivals in the dispute resolution space is the One Lawyer Model, also known as the ‘Resolution Together’ model, which we are pleased to offer at Russell-Cooke.
What is the One Lawyer Model?
In this model, separating or divorcing couples instruct a single neutral legal professional (usually a solicitor) to advise them jointly, with the aim of working together to sort out their financial and/or child arrangements. It is therefore a fantastic option for couples, who faced with separation, simply want to work things out together in a fair way and need some specialist advice on how to get there.
With only one solicitor involved, it differs from the traditional approach in which each individual instructs their own solicitor to advise them. As a result, it often ends up being significantly cheaper than the cost of both parties taking their own legal advice and the cost of the solicitors corresponding with one another.
It also can cut out some of the disagreements that arise where both parties are taking separate legal advice. As Russell-Cooke partner Katie Longmate writes:
One of the key advantages of the joint instruction of a neutral solicitor is that it avoids the adversarial and often early polarisation that people can associate with the traditional divorce and separation process. Instead, we start from a point of collaboration, working together to find a fair outcome that makes sense for everyone."
Is it suitable for me?
This model is well-suited to couples who wish to work together constructively to reach a fair outcome. An important feature of the model is that both individuals must understand and agree that one lawyer will be advising them jointly and will therefore not be able to give them individual advice without the other’s knowledge. Some individuals may understandably prefer to instruct their own solicitor and receive confidential advice to enable them to negotiate.
Due to the emphasis on working together, this model is not usually appropriate where there is has been any form of domestic abuse within the relationship or where there is a significant power imbalance. This model is also not appropriate if there are concerns that one individual may ‘hide’ information about their finances; transparency and mutual trust is key to this model working well.
It is possible to use the One Lawyer Model even where the family finances are particularly complex. In these cases, the solicitor will help the couple identify and bring in appropriate outside advice as needed, for example in relation to pensions, valuations and tax issues.
Whilst a jointly instructed neutral solicitor will be a great option for some couples, it may not be the right process for others. This is why at the beginning of the process, the solicitor will discuss the process carefully with each person in an individual meeting before proceeding to help identity the key issues and understand whether it is the right choice for both individuals.
If it is felt the model isn’t the right fit, the lawyer will explore alternative processes to resolve matters.
How is it different from mediation?
The One Lawyer model is often compared to mediation, as both involve a separating or divorcing couple working with one professional to reach an agreement regarding finances and/or child arrangements. The main difference is the role of the professional. In mediation, the mediator can give information to support and assist the couple, but cannot provide advice. If the couple require further support, they may both instruct their own lawyers to advise them individually and confidentially between mediation sessions. In contrast, in the One Lawyer model, the solicitor is specifically instructed by the couple to give them legal advice on a joint basis. This removes the need for the involvement of multiple legal professionals.
How do I get started?
If you and your ex-spouse/partner are interested in the One Lawyer model to resolve your finances or arrangements for your children, the first step will be to have an initial suitability assessment with a legal professional who is specially trained to conduct the One Lawyer model. At Russell-Cooke, a number of our specialist family solicitors are trained and experienced in working with couples on a joint basis. To learn more, please contact our family team using the details below.
Evie Smyth is an associate in the family and children team. She advises on all areas of family law, including divorce and separation. Katie Longmate is a partner in the family and children team advising across the full breadth of family law, and is a Resolution trained family mediator in financial and private law children matters.
Get in touch
If you would like to speak with a member of the team you can contact our family and children solicitors by email, by telephone on +44 (0)20 3826 7520 or complete our enquiry form.
