Joint representation for divorcing or separating couples in England and Wales: lawyers’ views on the ‘one-lawyer-two-clients’ format

Abstract In England and Wales, the notion of joint representation has gained noticeable interest following the 2022 no-fault divorce reforms. Largely known as ‘one-lawyer-two-clients’, the format enables a single lawyer to jointly advise a divorcing or separating couple. One-lawyer-two-clients appears to be increasingly provided by lawyers in the 2020s, yet there is no published data on the format’s effectiveness or limitations. Crucially, this undermines scholarship and discourse on the value of joint representation in family law systems across the Global North. This article investigates how legal professionals currently practising one-lawyer-two-clients perceive the format in terms of both its scope within the English and Welsh family justice system and its value for divorcing or separating couples. It is based on data from the first empirical study in England and Wales on one-lawyer-two-clients, comprising interviews with practising lawyers. The article reveals a typology of practitioners based on their views around joint representation, ranging from those who championed the format to those who were pessimistic of its ineffectiveness. Ultimately, the data shows that most lawyers perceive one-lawyer-two-clients as one of many tools available to them as legal practitioners, rather than a panacea for family matters. The article subsequently reveals that joint representation is a valuable process for friendly, rather than most, divorces, highlighting the need for standalone regulation to ensure fair outcomes.