# Is it considered unprofessional for (American) attorneys to represent family?

**URL:** <https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569>\
**Category:** Factual Questions\
**Created:** [August 11, 2024, 4:03pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569 "2024-08-11T16:03:35Z")\
**Posts on this page:** 9\
**Page:** 2

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**Author:** ![Jasmine](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jasmine/32/2964_2.png) [@Jasmine](https://boards.straightdope.com/u/Jasmine)\
**Post date:** [August 13, 2024, 12:45pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/21 "2024-08-13T12:45:17Z")

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> [@Schnitte](#):
>
> But this is for the judge, who is supposed to be impartial. The legal advisors to the parties are not held to the same standard of impartiality as the judge (because they are, after all, advising someone who is a party to the dispute).

Absolutely correct but, were I a lawyer, I would totally avoid a situation like that because I firmly believe that mixing business with family or friends is a bad idea. A situation like that can produce results that affect family dynamics for years or even permanently. That’s me, though, so it’s just my very personal option. I’m not offering it as a rule everyone should follow.

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**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [August 13, 2024, 2:35pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/22 "2024-08-13T14:35:03Z")

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> [@Jasmine](#):
>
> were I a lawyer, I would totally avoid a situation like that because I firmly believe that mixing business with family or friends is a bad idea. A situation like that can produce results that affect family dynamics for years or even permanently.

That is a good way to approach it. It’s all fine on day one when you want to help your nephew out of a jam, but when things go to shit and his whole family thinks it’s your fault, you’re going to wish you referred him to a lawyer down the block.

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**Author:** ![dorvann](https://avatars.discourse-cdn.com/v4/letter/d/df705f/32.png) [@dorvann](https://boards.straightdope.com/u/dorvann)\
**Post date:** [August 13, 2024, 4:19pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/23 "2024-08-13T16:19:02Z")

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Another reason for a lawyer NOT to represent a relative in a criminal case is because they have no idea how the case could develop and end up bringing **OTHER** relatives into the mix which definitely could result in a conflict of interest.

For example, if I was representing my cousin in court and it turns my own father was a witness to the alleged crime --how could expected to remain impartial enough to cross examine my father effectively to help my cousin?

It is best just to AVOID such scenarios all together and NOT represent a relative.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [August 16, 2024, 3:51pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/24 "2024-08-16T15:51:01Z")

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> [@Schnitte](#):
>
> The fact is, the majority of legal problems that arise in people’s lives are of a routine and straightforward nature. Things like reviewing a lease of an apartment before signing, or advising how to get out of an online order for a product the buyer doesn’t want anymore.

yes, I wouldn’t expect there to be a problem with a relative representing me for something like that. I would never ask a relative to represent me in a divorce, or or a lawsuit.

And I used to ask my doctor dad for medical advice, as did my siblings. Sometimes he’d suggest a treatment. Rarely, he gave me a prescription drug. Anything at all complicated, he’d say, “yes, you should see your doctor about that.” Once he told my brother, “you have appendicitis, go to the emergency room ASAP.” So, you know, he did diagnose it 😉

Most of the drugs he used to proscribe for me are now OTC, by the way. Or have been replaced by effective OTC drugs that weren’t on the market back then.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [August 16, 2024, 4:02pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/25 "2024-08-16T16:02:55Z")

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> [@puzzlegal](#):
>
> I used to ask my doctor dad for medical advice, as did my siblings.

I text my daughter’s husband (an MD) medical questions from time to time, but only because we’ve talked about it and he has assured me he is cool with it.

When he first told me it was fine to ask, we were a bit tipsy on xmas eve and I (jokingly) started talking about prostate stuff. Poor guy looked like he might get sick, so I didn’t leave him hanging.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [August 16, 2024, 4:04pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/26 "2024-08-16T16:04:36Z")

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Huh. My dad would have been fine talking about prostate stuff. But he was a gastroenterologist. He sometimes did radio call-in shows where he’d end up spending an hour on the air talking about farts. Excuse me, flatulence.

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**Author:** ![We\_re\_wolves\_not\_werewolves](https://avatars.discourse-cdn.com/v4/letter/w/838e76/32.png) [@We\_re\_wolves\_not\_werewolves](https://boards.straightdope.com/u/We_re_wolves_not_werewolves)\
**Post date:** [August 16, 2024, 4:16pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/27 "2024-08-16T16:16:19Z")

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notarizing for family is exactly the same as legally representing them. While generally not expressly prohibited, it is discouraged because it can create the potential for a challenge based on a conflict of interest. It’s not the best idea.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [August 16, 2024, 4:21pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/28 "2024-08-16T16:21:19Z")

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> [@puzzlegal](#):
>
> My dad would have been fine talking about prostate stuff.

My SIL wasn’t averse to _discussing_ my prostate, the idea of an exam was the issue.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [August 16, 2024, 4:23pm UTC](https://boards.straightdope.com/t/is-it-considered-unprofessional-for-american-attorneys-to-represent-family/1005569/29 "2024-08-16T16:23:42Z")

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lol. I don’t even ask my general practitioner doctor to do my gyn exam, because we have a social relationship. I either go to one of his nurse practitioners, or to a gynecologist, depending.

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