When is it Inappropriate for a Lawyer to Represent a Relative?

There is no strict rule in the ABA model rules or in the jurisdictions where a lawyer is licensed (such as Texas and New Mexico) that outright prohibits representing a relative. However, it is considered inappropriate if a conflict of interest exists. A lawyer may believe that the familial relationship will cloud their judgment or otherwise unduly influence and negatively affect their ability to ethically and competently carry out the representation. In legal practice, whether representing a friend or a family member, there is generally no lack of ethical concerns. However, the lawyer often puts in more effort and attention which is not necessarily a bad thing. Nevertheless, it can sometimes be inappropriate if the lawyer's attention to the case is so consumed that it impacts other professional duties. Only the lawyer who is asked to represent a relative can truly determine if it is a good idea or not.

The Potential Disadvantages of Representing a Relative

The decision to represent a relative is complex and can come with various risks. Here are some situations in which it would be generally inappropriate to do so:

1. Issues that Could Make Future Family Gatherings Awkward

If the representation involves an issue that would make future family gatherings awkward, it’s best to avoid such a situation. For example, if your brother has been sued and you are handling the case, you might find it difficult to enjoy Thanksgiving or Christmas dinners knowing that he might bring up the legal issues you're handling.

2. Emotionally Compromised Professional Judgment

If the lawyer's emotional connection with their relative could impair their professional judgment, they should consider not representing the relative. It is crucial that the lawyer can remain objective and focused on the best legal strategy, regardless of personal feelings.

3. Conflicts or Bias as a Witness

If the lawyer is likely to be called as a witness, representing a relative can create a conflict of interest and compromise the lawyer's ability to give an impartial testimony. Representing yourself or a relative can make it difficult to maintain the necessary impartiality.

4. Financial Interest in the Outcome

Lawyers are also expected to avoid representing clients who have a direct financial interest in the outcome of the case. If the lawyer stands to gain financially from the case, it can seriously affect their ability to provide unbiased legal representation.

5. Lack of Expertise in the Subject Matter

If the lawyer lacks expertise in the subject matter of the representation, it is generally considered inappropriate to proceed with the case. The lawyer should be well-versed in the area of law to provide competent and effective representation.

Conclusion

In conclusion, it is ideal for a lawyer to not represent a relative if any of the above situations apply. It is always better to refer clients to another attorney to ensure that the best legal representation is provided. Friends and relatives approaching a lawyer with legal problems should be directed to someone else to avoid potential conflicts and biases. Always seek the advice of a licensed attorney for your specific legal situation.