It’s a regular occurrence. For whatever reason, a person needs legal counsel and, due to financial constraints, turns to a family member who is a lawyer too. Courts seldom intervene in a family litigant’s right to pick his or her own lawyer, and they rarely interfere with a litigant’s decision to represent himself or herself.
It can happen since lawyers are permitted to represent their relatives. It is, nevertheless, perhaps not a smart idea. Lawyers have a responsibility to represent clients with an impartial and fair approach. Every lawyer ought to consider potential emotional conflicts before undertaking to represent anyone with whom they have any emotional connections. When a lawyer is emotionally involved in a case, his or her potential to offer unbiased and constructive service may be negatively affected.
In heated family court arguments, lawyers must put boundaries, and it can be tough for both sides to separate emotions from realities. For a variety of reasons, lawyers rarely prefer to represent someone with whom they have had a close relationship. If impartiality becomes an issue, as is often the case in contentious family matters, it’s probably not a wise decision.
As a result, a lawyer must always consider taking on a case involving a family member. They should never be scared to say no if they honestly don’t have the time or if the case is beyond their area of practice. They should make sure that they are not getting into a situation where emotions can get the better of them.
They must avoid placing themselves in a circumstance where their emotions might dominate their work. It’s also critical to be totally honest about the merits and chances of success. Many lawyers all too sometimes, desire to impress their family and/or don’t want to upset them by presenting them the truth. Members of the family, like every client, have the right to know if their case is solid or not as quickly and efficiently as possible.
Representing friends and relatives, on the other hand, maybe a fantastic strategy to expand your client base because no one knows you better than your family.
People in difficult circumstances are usually intimidated or hesitant to speak up their true words. When it comes to a family member, though, such facts are even more ambiguous. Consider the situation: who wants to tell their sibling all of the information on their collapsed marital relationship?
Even if the situation is unpleasant, most people find a way to keep some of their dirty truths hidden. When a lawyer seeks to represent a client, this puts the lawyer at a disadvantage. When the lawyer doesn’t know the proper set of facts, how will she or he applies the law to the facts presented by the client?
Furthermore, lawyers are known for being open and honest. They deal with factual issues, and they prefer to prepare for “worst-case scenarios.” They have excellent strategists and are usually fearless of disagreement and encounters if it is required to assist their client. Dealing with a family member who has become a “client” might result in significant long-term negative repercussions.
Imagine the following scenario: Bob and Sally have decided to part ways in their relationship. They appear to be cooperative at first, and they both are working for the kids. Bob, on the other hand, has met someone at work and wants to hurry the divorce proceedings. He looks for his brother, Gary, for his portion of the divorce to save time. Sally is represented by her own lawyer. Sally is unknown to Bob’s brother. She didn’t visit her family for a long time. He feels secure in his role as Bob’s lawyer, but not in his role as a family lawyer in general. Nevertheless, he decides to do so in order to expedite the process and assist his brother in saving money.
As the divorce process progresses, it becomes clear that Bob has hidden crucial facts, which explains why he intended to use his brother for the divorce. Bob is attempting to conceal his finances from his wife in order to avoid providing financial support to the child. I’m sure you can assume where this is heading, right? Bob is trying to understand the legislation, so Gary attempts to describe it to him. Bob denies that. Gary is well aware that this will create a huge problem for Bob in the future. Their family relationship continues to suffer the consequences of their conflicts.
The “catch-up” turns up being more expensive than engaging a lawyer from the beginning of the case. In many circumstances, a lawyer is unable to completely leave a case. Legally, just after a lawyer has been designated as the “lawyer of record,” certain courts would not permit the lawyer to discontinue representation unless there is any strong reason. This exposes the lawyer as well as the client in a difficult position since they both want the relationship to terminate.
In other scenarios, family representation might be a complete conflict of interest. Family connections and friendships suffer as a result of this in less visible situations. Do you have a family member who is a photographer? Start by offering them your support. Is there anyone in your family who works in the hospitality industry? That’s a fantastic idea to share. Do you know any friends who work as a mechanic? Don’t hesitate to offer him a job and assist him in earning money.
Related Article: What Makes a Good Family Lawyer
But working with outsiders is preferable for lawyers. They feel way more comfortable and confident in working with people they don’t know than working with their own family members. There they will be able to render their best service and be successful in their profession. On the other hand, family members should not be inconsiderate of the situation and only prefer recommendations from any lawyer from their own family members for the sake of saving their relationships.