Section 4.16 Which Party Does Counsel Represent?

• Library: Family Law Deskbook and 2014 Supp

A. (§4.16) Which Party Does Counsel Represent?

The role of counsel in the negotiation and drafting process generally depends on whether counsel represents the client seeking the agreement or the client being asked to “submit” to the agreement. This is not to ignore the recent trend that often finds each party having strong reasons for obtaining the protection of the agreement. Clearly, if representing the proponent of the agreement, counsel must:

be well-versed in the standards for determining validity;

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