Having a lawyer in the family allows them to obtain free or almost free legal counsel. But is it possible for a lawyer to represent a member of the same family in or outside of court? Can a lawyer get to pick and represent their family as clients?
When a lawyer represents a family member, they may put themselves in a lot of danger because they already have a relationship with the other person, which may affect their ability to provide legal advice that is competent, frank, and impartial.
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A lawyer can feel obligated to show allegiance to a close friend or relative, but they must also show loyalty to the legal profession.
Before a lawyer answers “yes” to their relatives’ requests, there are a few things they should think about first before picking and representing their relative as a client and being their lawyer.
The Possibility of Conflict of Interest
Although most authorities do not technically restrict lawyers from representing family members, they urge attorneys to have the necessary skills and avoid being negligent.
The Code of Professional Conduct published by the Canadian Bar Association addresses concerns of actual and apparent conflicts of interest. Still, it does not identify the circumstances under which a lawyer may represent a family member in legal proceedings.
In the codes of specific legal organizations, the question of what to do in the event of a conflict of interest with a friend or family member is addressed in more detail.
According to the Law Society of Saskatchewan, attorneys are permitted to advise friends, family members, spouses, and other individuals with whom they are familiar.
While according to another provision of the society’s code of conduct, a lawyer does not face a conflict of interest just because the lawyer is defending a member of the professional’s family or a close friend.
However, it also highlights that if the relationship is close and the issue is contentious, the lawyer may be unable to maintain a professional demeanor and remain objective. In such circumstances, it is recommended that the lawyer not act as counsel because it is in everyone’s best interest.
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When providing advice to clients, an attorney in Ontario must be “honest and forthright,” and the province’s law society forbids attorneys from practicing in circumstances where there is a possibility of a conflict of interest. “
When Can A Lawyer Pick and Represent Their Family as A Client?
If the lawyer is an expert in the field and the work doesn’t entail any issues that might affect their family, it’s generally alright to represent their family as a client.
For instance, if a lawyer is known in the neighborhood for handling cases involving driving under the influence of alcohol or drugs, the fact that she is representing a family member in one of these instances is immaterial.
Similarly, if the work is mainly just accessing a government system or registering, there shouldn’t be any issues. Therefore, a person frequently involved in buying and selling homes would be an excellent choice to handle the legal matters associated with purchasing a home for a relative.
Avoiding abusive litigation is the most important thing a lawyer can do, primarily when the family’s interests are being split up.
If a family member were to try to fight a custody issue, they would be acting entirely wrongly. The court would raise serious concerns regarding the lawyer’s impartiality and independence.
As A Lawyer, Picking and Representing Clients Is A High-stakes Venture
When exactly does the act of a lawyer representing relatives or friends become dangerous for the client? It is important to take note that a lawyer may not be insured to operate on behalf of family members, even if the regulator’s rules do not prohibit it.
For instance, a claim resulting from an error that would directly or indirectly benefit the lawyer, their family, or the law firm is not covered by the province’s compulsory professional liability insurance policy because the policy contains an exclusion that expressly excludes coverage for such claims.
A person’s partner (including a common-law spouse), children, parents, and siblings are all considered family members.
So, let’s say a lawyer settles the personal injury claim of a family member but then is sued for professional negligence because they mishandled the matter later on. In that scenario, the lawsuit filed won’t be compensated because the family member would gain from the money paid to settle the case.
When defending relatives and friends, a lawyer runs the additional danger of taking on a case in a field of law that is outside of their expertise simply to be accommodating.
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Even though the attorney does not have prior expertise in the field of law, they may be asked to represent a member of the client’s family in certain circumstances. It is usually to a lawyer’s advantage to avoid dabbling in new areas of the law.
What Should A Lawyer Do?
When a member of the lawyer’s family asks them to represent them in a legal matter, the most prudent action for a lawyer is to politely reject and explain that they do not represent members of their own family.
Several huge companies have procedures that forbid their attorneys from acting on behalf of friends or family members.
If necessary, seek assistance from other legal specialists on their behalf. This could mean discussing a reduced billing rate with other attorneys at the same firm for clients who are friends or family members or referring those clients to another firm where a reduced rate might be offered as a professional courtesy.
The most effective method to deal with the matter is to be open and honest about the difficulty of the circumstances and the requirement for the family member to be advised by an experienced attorney.
Provide the family member with directions to public websites that have information on legal matters, and have some concrete recommendations for where they may receive assistance.
It is always a good idea to have some names of lawyers available, rather than having a family member reduced to googling the names of lawyers in the neighborhood, whose prominence on the Internet may not necessarily reflect the skill or competence of the lawyer.
Work With Chapman McAlpine Law Instead!
At Chapman McAlpine Law, we have years of experience helping clients with various legal matters. Whether you are facing a personal injury claim or criminal charges, our experienced attorneys can help you navigate the complex legal system and get the best possible results in your case.
So contact us for a consultation if you want solid representation from an attorney who truly cares about your family and friends.
Reach us today! We look forward to helping you achieve optimal results in your legal matter!.
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