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what if family gets into trouble in the law. can you help them as being their lawyer?
I'm trying to find out a little more about being a lawyer. #lawyer #law
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Kim’s Answer
You can, but you shouldn't. It could create some really bad family relationships.
When you represent someone, ultimately they are the ones who decide on the course of action, based upon the best advice of counsel. Suppose two cousins are arrested for criminal mischief. You represent only one of them. The prosecutor offers your client deferred adjudication and 60 hours community service. You recommend that he take it, and he does. Later, the second cousin decides to try his luck at trial, and comes out acquitted. So now your client thinks you were just looking for the easy way out, because you didn't want to put the effort into going to trial. And, this example is just a low-level offense. The emotions run higher for more serious stuff.
Maybe recommend a few good attorneys to them, but leave the rest to them. Stay out of the case. When they ask you why their attorney is doing certain things, tell them to ask the attorney. . .
When you represent someone, ultimately they are the ones who decide on the course of action, based upon the best advice of counsel. Suppose two cousins are arrested for criminal mischief. You represent only one of them. The prosecutor offers your client deferred adjudication and 60 hours community service. You recommend that he take it, and he does. Later, the second cousin decides to try his luck at trial, and comes out acquitted. So now your client thinks you were just looking for the easy way out, because you didn't want to put the effort into going to trial. And, this example is just a low-level offense. The emotions run higher for more serious stuff.
Maybe recommend a few good attorneys to them, but leave the rest to them. Stay out of the case. When they ask you why their attorney is doing certain things, tell them to ask the attorney. . .
Updated
Edward’s Answer
There's no legal or ethical problem with representing family. However, in court your credibility will be damaged when judge and jury find out you're related -- and opposing counsel will make sure everyone knows. Even settlement or plea negotiations will be more difficult.
Get an unrelated lawyer to appear before third parties, but you pitch in to help with preparation as much as possible
Edward recommends the following next steps:
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Shannon’s Answer
Hello. I am not a lawyer and this is not legal advice. I have only done research on the internet. Based on everything I am reading for CA, it is not illegal to represent a family member if you are a lawyer. However, many people have commented that it would b e most wise not to represent a family member. Too much emotion could cloud decisions. Hope that helps.
Google your question.
Shannon recommends the following next steps: