My spouse and I have been ordered by the Judge to participate in mediation. The mediator has asked both of us if we have retained counsel. I am going to mediation w/o counsel. My spouse has stated that she has retained counsel, however, there is not a notice of retainer filed with the clerk of courts. Now the attorney is CC on all of our mediation emails. Can my spouse have this attorney CC on emails even though they are not retained? Can a party hire an attorney to just be involved in the mediation process but not retained?
In my opinion, if the attorney has been formally retained in your divorce, even for limited scope representation, a notice of retainer to that effect should be filed with the court and you should be provided a copy as well.
There has been a recent trend of unbundling of services. However, there should be a Notice of Retainer filed expressing even the limited scope of representation.
If the attorney is formally appearing, he/she should file a formal notice. Limited scope representation for just mediation is permissible, but again, requires a specific notice. I suggest that you at least consult with a lawyer before going to mediation so you are on somewhat equal footing.
This submission is not, nor is it intended as, legal advice. You should consult a lawyer to address your legal issue.
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