Is it permissible for a Panama attorney to represent both spouses in a divorce with conflicting interests?

Question

I am going through a divorce and my attorney also represents my spouse in related matters. Could this create an ethical conflict under Panama's professional rules, and what steps should I take to protect my interests? Is withdrawal or reporting to the Bar Association an option, and how might fees be handled?

MARKOU &amp; ASSOCIATES, CRISTO MARKOU CASTILLO · Accepted Answer

Dear Client,

Thank you for reaching out. In your specific situation, because there is a clear conflict of interests between you and your spouse, the attorney who currently represents both parties cannot continue representing you under Panamanian ethical and professional rules. In cases of conflicting interests, each spouse must be assisted by an independent lawyer to guarantee impartiality and proper legal protection.

I am able to represent you in this matter. I will be glad to schedule a consultation to review your case in detail and prepare a personalized fee estimate based on the services required.

To proceed, please provide me with the following information:

1. Your full legal name

2. Your nationality

3. Your current immigration status in the Republic of Panama

4. The city in Panama where you currently reside

5. Your WhatsApp number for messages

6. Your email address

Once I receive this information, I will coordinate your appointment and begin the review of your case.

I remain at your service.

Sincerely,

Lic. Cristo Markou Castillo

Attorney-at-Law – Panama

Studio Panama Italia · Answer

No. In Panama, a lawyer cannot represent both spouses in a divorce when there is a conflict of interest, and in divorces a conflict is presumed. You should request written clarification and demand that the lawyer withdraw from one party. If the lawyer refuses, you may file a complaint with the Panama Bar Association. Fees may be reduced or reclaimed if there was improper representation.

Alberto Quiros Bonett (AQB Lawyer) · Answer

That will depends about the kind of proceedure that you will do. If you are getting divorced in Mutual Conssent, one Lawyer can represent both parties because there is no conflict. But if the divorce is conflictive, must be a separate lawer because the conflict of interest.

Is it permissible for a Panama attorney to represent both spouses in a divorce with conflicting interests?

Respostas de Advogados

MARKOU & ASSOCIATES, CRISTO MARKOU CASTILLO

Studio Panama Italia

Alberto Quiros Bonett (AQB Lawyer)

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