I am an attorney and a mediator. My law and my mediation practices are located in the State of Maryland. Both my law and mediation practices have a web presence. The two practices have separate websites.
Recently, I received a call from a married man in Maryland. The man stated he is seeking to separate from his wife and needs advice about separation and divorce. He also stated he wants to participate in mediation. But, he is not sure his wife will agree to participate in mediation, and therefore he wants to consult with an attorney first.
I was not sure whether the man on the telephone found me through the legal or the mediation website, this blog, or a referral from another client. I asked him if he called me related to mediation. He said he did. I asked if he wanted to hire me as his mediator. He said he did. Then, I asked if he knew I am an attorney. He said he did. I asked him if he wanted me to provide him with legal advice. He said he wanted to meet with me and have a legal consultation about separation and divorce in case mediation did not work out.
After clarifying the man's intentions, I was compelled to tell him, I could not provide him with legal advice regarding separation and divorce and then switch hats and be the impartial mediator for him and his wife. Additionally, I mentioned I cannot be a mediator for him and his wife, and then become his attorney, if he and his wife are unable to reach an agreement in mediation.
I would violate legal and mediation ethics if I were to meet the man and provide legal consultation, then attempt to mediate for him and his wife. Cautious to limit what the man told me regarding the details of his marriage, I suggested he contact another attorney for a legal consultation. Then I invited him to contact me again if he and his wife decide to pursue mediation.
