By Admin
•
May 31, 2022
While an individual can have their family member represent them as their lawyer, it may not always be the best idea. To help you understand the benefits versus the downsides of a family member taking your case, Erin McArdle Law has created this guide. Benefits of Having a Family Member Represent You Having a family member represent you in criminal court may come with a few benefits. For starters, if you’re considering asking a family member to take your case, it's safe to say that you have a strong level of trust in your family member. This can be crucial for building an effective case as details shouldn’t be withheld and communication between attorney and client should be open. Furthermore, depending on your family member’s service rates, they may offer to take your case pro-bono, provide a discounted service rate, or waive legal fees altogether. Depending on your situation and type of case, saving money from legal fees could be a big concern. Lastly, if your family member is just starting out as an attorney and they’re trying to build up a client base, representing you can help them gain experience and credibility in the courtroom. This helps their career and opens them up to future opportunities. Downsides of a Family Member Representing Your Case Of course, there are some drawbacks to having a family member represent you that may outweigh the benefits. Because an attorney needs all of the facts to effectively represent you, this may lead to awkward moments that can be costly. If the case involves highly sensitive details and personal information, you’ll have to ask yourself if you’re comfortable telling your family member everything that’s important. If you aren’t sure that you could, it’s best to look for another lawyer. Withholding information can cause a lot of issues later on, and potentially put a strain on your relationship if disagreements arise. Not to mention that oftentimes, once an attorney has become “attorney of record”, should you both decide it’s best to have someone else represent your case, your family will need a convincing reason for stepping away. In short, hiring a family member to represent you can create an uncomfortable situation for all parties involved and may harm your case rather than help it. Additionally, consider the possibility that your family member doesn’t win your case — either because they don’t have all the facts, or the case goes the other way — would you be prepared for that scenario? Is it Ethical? While having a family represent you isn’t unethical by nature, you may find yourself in a position that creates some gray areas. For example, receiving legal advice outside of a scheduled meeting over family dinner could place you in an unintentional attorney-client relationship. And over time, it may be harder to separate the professional, business side of your partnership from your personal lives. This further blurs the line between your personal relationship and your business relationship. Though it may not be unethical, it can feel uncomfortable and cause problems in the future as mentioned above. What Type of Cases Would Be Best for a Family Member to Represent You? If you choose to have a family member represent you, smaller cases are a better idea than larger, more sensitive ones. Traffic violations, for example, could be small enough cases that having your family member represent you will afford all the benefits without any drawbacks. Erin McArdle Law: Providing Experienced Legal Counsel for Your Case At the end of the day, a lawyer can represent a family member, but having your family member represent you might not help you reach the intended outcome. However, partnering up with an attorney like Erin McArdle provides you with unparalleled legal experience spanning the course of 25 years. If you need to speak with an attorney, schedule a free consultation with us today.