It’s a common question that comes up – can a lawyer represent a family member in a legal matter? The quick answer is yes, attorneys are generally allowed to represent their family members. However, there are some important ethical considerations and potential conflicts of interest to keep in mind.
This article will explore when it is appropriate for a lawyer to take on a family member as a client, examine the ethics rules around familial representation, discuss potential issues that can arise, and provide tips for lawyers looking to represent their family members.
When Is It Okay for a Lawyer to Represent a Family Member?
In most cases, there is no outright prohibition on an attorney representing their spouse, parent, child, sibling, or other close relative. The American Bar Association’s Model Rules of Professional Conduct do not specifically forbid lawyers from taking on family members as clients.
That said, there are some practice areas where familial representation could be seen as more problematic. For example, representing a family member in contentious litigation or a messy divorce could lead to a particularly emotional experience that clouds professional judgment.
Avoiding Conflicts of Interest
The key consideration is whether the familial relationship could potentially create any conflicts of interest that would interfere with the lawyer’s duty of loyalty and competent representation. For instance, if the lawyer has a personal or financial stake in the outcome of the case beyond their legal fees, there may be an ethical conflict.
Examining Ability to Exercise Independent Judgement
Likewise, lawyers should honestly examine whether they can exercise independent professional judgment on behalf of a family member, setting aside any biases or family drama.
Seeking Informed Consent
Provided these considerations are weighed, lawyers may ethically take on a case for an immediate or extended family member. However, they should obtain the client’s informed consent in writing after fully disclosing the nature of the relationship and any reasonably foreseeable conflicts.
Relevant Ethics Rules for Family Representation
While ethics rules don’t outright forbid familial representation, there are some important guidelines for lawyers to consider:
- Conflict of interest rules require loyalty to each client, unaffected by other interests or relationships.
- Attorneys have a duty to exercise independent professional judgment for every client.
- Lawyers should avoid even the appearance of any impropriety with client relationships.
- Informed client consent is required when there are foreseeable conflicts of interest.
Seeking Guidance from State Bar Associations
The specific ethics regulations surrounding lawyers representing family members can vary in different states. It’s a good idea to check with your state bar association if you have any doubts about taking on a familial client.
Addressing Potential Issues with Family Representation
Despite getting informed consent and determining there are no ethical barriers, attorneys looking to represent family members will still need to navigate some unique potential issues, including:
Maintaining Objectivity
Lawyers must remain objective advocates for their clients’ interests. It can understandably be difficult to set aside emotional connection to family members.
Managing Family Expectations
Family members may have unrealistic expectations about the legal process or hold a lawyer to a higher standard because of the personal connection.
Preventing Uncomfortable Situations
In contentious cases, lawyers may need to take positions contrary to family members’ interests, causing tension in the relationship.
Avoiding Family Disputes and Drama
Representing one family member but not another in a dispute can be problematic. Family drama should not affect legal representation.
Charging Customary Fees
Lawyers need to charge family members fair market rates and standard fees, not discounted “friends and family” pricing.
Tips for Effectively Representing Family Members
If thoughtfully taking on representation of a family member, lawyers should consider these tips:
- Be upfront about potential issues and clearly set expectations.
- Get informed consent in writing at the very start.
- Charge customary fees to reinforce the professional relationship.
- Document conversations, advice given, and manage the case file by the book.
- Set healthy boundaries and avoid discussing cases during family events.
- Bring in an outside lawyer if things get ethically ambiguous or emotionally charged.
When to Decline or Withdraw Representation
Sometimes, despite best efforts, lawyers need to decline representation or withdraw from an existing family member’s case. This can happen if:
- A contentious dispute arises with another family member client.
- The lawyer realizes they cannot remain objective or independent in judgment.
- The family member client becomes unreasonable or emotionally volatile.
- A mistake is made that damages the familial relationship or lawyer’s credibility.
Withdrawing representation should be a last resort. But lawyers do have an ethical duty to avoid clear conflicts of interest with family member clients.
Representing an immediate or extended family member is usually allowed, with some reasonable limitations. Lawyers need to take care to avoid ethical issues around conflicts of interest, maintain objectivity, and get informed consent in writing.
Managing family expectations, preventing uncomfortable situations, and charging customary fees also come into play. Declining or withdrawing representation may become necessary in certain problematic circumstances.
With open communication, defined boundaries, and thoughtful case management, lawyers can effectively represent family members while safeguarding professional ethics.
