Ethical Considerations for Advising The (Un)Happily MarriedEthical Considerations for Advising The (Un)Happily Married

Joint representation of married couples—and increasingly, unmarried romantic partners—is a routine practice for most estate planners. Often, this model of representation works well for all parties involved. Marital discord, however, can quickly throw a wrench in a joint representation. It can be hard to predict which romantic relationships will be harmonious and which ones will fall apart. Let’s discuss some of the issues that attorneys should consider when representing spouses or other romantic partners jointly in estate-planning matters.

Joint Representation Appropriate?

Before embarking on a joint representation, the attorney should answer two questions. Is the joint representation permissible? If so, is the joint representation advisab...