can a lawyer whose related to you represent you

by Lesly Quigley 9 min read

If there are no legal conflicts of interest, the mere fact of being related doesn't prevent a lawyer from representing a relative. But if there's emotional entanglement, or even if not, it's generally not a good idea.

Thus, a lawyer related to another lawyer, e.g., as parent, child, sibling or spouse, ordinarily may not represent a client in a matter where that lawyer is representing another party, unless each client gives informed consent.

Full Answer

Is it legal for a lawyer to represent another lawyer?

Oct 25, 2019 · (a) A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person’s interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.

Can my law firm represent me if I am an employee?

However, just because another state has jurisdiction does not mean that a lawyer from another state can’t represent you. In most cases, your attorney must be admitted to the bar in the state with jurisdiction. Most states have a process for an out of state attorney to be admitted to represent a client for one case only.

Can a law firm represent you in a non-firm case?

Jan 25, 2012 · 4 attorney answers. No, there is no such rule. However, the fact that it is ethical does not mean it is advisable. Many law firms have a rule or policy probihiting its lawyers from representing other firm personnel because it is a potential source of disharmony, discord and conflict within the firm's working environment.

How to choose the right lawyer for your case?

Jan 29, 2013 · According to my understanding, as long as you are a licensed attorney you can represent whomever you want to, including family members. Our concern is that this will be a huge conflict of interest, being that the attorney is the children's grand-father and has deep emotional ties to the case.

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Can someone related to you be your lawyer?

Technically lawyers are allowed to represent anyone, including members of their own families. However, depending on the state where you practice and type of case you need to handle, the answer to this question may be buried beneath a mountain of fine print and gray areas.

Can you represent your family as a lawyer?

Should a lawyer represent a family member? The answer to the first question is a qualified yes. Courts do not typically intervene in allowing a family litigant to choose their lawyer, just as they generally don't interfere with litigants who represent themselves.Nov 5, 2021

Can you represent yourself in court without being a lawyer?

Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.Jan 28, 2017

Can lawyers have tattoos?

Firms whose dress codes are based on their clients' reasonable expectations – rather than any hidebound concepts of what their staff should look like – may offer their lawyers a lot of leeway in their appearances, including accepting body jewelry as long as it is tasteful and discreet, and even tattoos.Jan 30, 2017

Can a Lawyer Represent a Relative in Court

My question involves a child custody case from the State of: Nevada#N#A friend of mine in Las Vegas, NV may be going through a bad custody battle with her ex-husband involving their two young children.

Re: Can a Lawyer Represent a Relative in Court

If there are no legal conflicts of interest, the mere fact of being related doesn't prevent a lawyer from representing a relative. But if there's emotional entanglement, or even if not, it's generally not a good idea.

What is the most complicated area of professional responsibility in corporate representation?

One of the most complicated areas of professional responsibility in corporate representation is analyzing conflicts of interest. Determining which entity is the “client” is always important, particularly so when a firm is asked to represent a large, international corporation with wholly—and partially-owned subsidiaries or affiliates. If the law firm is asked to represent the interests of one wholly-owned, but third-tier subsidiary, is that company the firm’s only client? Or, if the client is a closely-held corporation, does the lawyer servicing the parent company represent its one subsidiary as well?

What is outside counsel policy?

Some corporate outside counsel policies are consistent with this general rule. For example, the outside counsel policy for Company A provides that the law firm’s client is only the company and its divisions, which are not independent legal entities. See, e.g.,

What is operational commonality?

In examining the first factor—operational commonality—courts have considered the extent to which entities: 1) rely on a common infrastructure; 2) share common personnel such as managers, officers and directors; and 3) handle responsibility for the provision and management of legal services. See id., 618 F.3d at 211.

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

What is a potential money pit?

When hiring an attorney, a potential money pit is “expenses” outside of the lawyer’s billable hours. Expenses include everything—copying and faxing costs, hiring expert witnesses, and even traveling via private jet, points out attorney Justin C. Roberts. Some lawyers don’t just pass the charges along; instead, they charge an additional percentage fee. Whatever their method, you need to know it up front so there won’t be any surprises when the bill arrives.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Do most cases settle outside the courtroom?

In choosing your attorney and your plan of action in resolving a dispute, it’s important to consider that despite what you see on television, most cases never see the inside of a courtroom. Typically, they’re settled outside the courtroom because of the time and expense involved, according to attorney Darren Heitner, author of How to Play the Game: What Every Sports Attorney Needs to Know.

Do good lawyers always find every opportunity to keep a case from being decided by a judge?

“In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says. “If a lawyer suggests they want to try the case in front of a judge, you should definitely speak with another lawyer before proceeding,”

Can you appeal a disability denial?

If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”

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II. Which Corporate Entity Do You represent?

Rule 1.7 and Conflicts Associated with A Client’S Business Interests

  • A. Model Rule 1.7 and Representation of Competitors
    The Model Rules provide guidance with respect to a lawyer’s representation of business competitors. Comment to Rule 1.7 states, in pertinent part, that “simultaneous representation in unrelated matters of clients whose interests are only economically adverse, such as representati…
  • B. Outside Counsel Policies and Representation of Competitors5
    Outside counsel policies impose far greater conflict waiver obligations when representing business competitors. Perhaps in light of this case law, corporations are restricting counsel by contract provisions which either forbid them—based on the concept of “loyalty”—from representi…
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IV. Conclusion

  • In light of the increasing prevalence of both outside counsel policies generally, and specifically those containing these types of conflicts provisions, law firms must have the appropriate tools to manage these requirements. First, these policies should be reviewed consistently by a centralized staff. Problem areas should be addressed with the clients. These provisions are not always set i…
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Endnotes

  • 1. Discussion of the third exception is beyond the scope of this article, but generally arises where there is a likelihood of substantial financial loss to a client as a result of an engagement adverse to one of its affiliates. See, e.g., Mylan Inc. v. Kirkland & Ellis LLP, No. 2:15-cv-00581 (W.D. Pa. June 9, 2015) (disqualifying law firm from representing a party in a hostile takeover of the paren…
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