A family member has hired my attorney to complete work for them. I think this is kind of strange. This person was always bent on having the same attorney as me, although I did not want that. I just want my own attorney, damn it. Is this odd? And why would an attorney accept two separate clients from the same family? I would think the attorney would gain a lot of information from both that would constitute a potential problem in working for both.
2007-10-05 07:55:46 · 10 answers · asked by summerquilt 1 in Politics & Government ➔ Law & Ethics
Why would a family member WANT the same attorney?
2007-10-05 08:00:50 · update #1
Well, it depends. An attorney can contract with two people from the same family as long as there cases don't present a potential conflict. Like an attorney cannot represent both the husband and wife of a divorce. Or clients on separate sides of a lawsuit.
Also, if you have given her info on this family member, it could cause some ethical violations. But really, the attorney has to get paid, and if your cases have nothing to do with each other, she shouldn't have a problem. But if one day a legal problem arises between you two, she will have to choose who to keep and who to let go.
2007-10-05 08:03:12 · answer #1 · answered by ashley g 4 · 0⤊ 0⤋
There is only a conflict if you are talking about representing two family members with an interest in the same case or transaction. In that case, the lawyer would have you both sign a waiver setting out the risks. The only way it would be impossible would be to like represent both sides on a civil suit.
You can't have your own attorney, unless you can pay him $100,000.00 a year or more.
As a matter of fact it is quite normal. A HUGE percentage of new clients come from referrals.
EDIT: Perhaps because they don't know any other lawyers and thought they did good work for you why not for them too.
2007-10-05 07:58:58 · answer #2 · answered by elysialaw 6 · 4⤊ 0⤋
Most lawyers rely heavily on referral business. At the firm where I work, our clients constantly send friends and family members to us when they have legal needs. There is nothing illegal or unethical about it in any way, unless your family member wanted to hire your attorney for a case that involved you in some way that would represent a conflict of interest. And if he had tried, your attorney would have had no choice but to turn him down.
Despite what you think, your attorney will not be discussing your personal affairs with your family member, or yours with him - no more than he would be discussing any of his other clients with you. That's a great way for an attorney to get sued and/or disbarred.
If your family member had a great cardiologist that saved his life, and had a great reputation in his field, wouldn't you want to go to him if you had a heart problem? It's the same thing, the doctor would never discuss one of your medical conditions with the other for legal and ethical reasons. The attorney is bound by the same type of confidentiality.
2007-10-05 08:09:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you didn't tell your family member who your attorney was, they wouldn't know. Keep your mouth shut. Hire a new attorney.
A lawyer isn't going to jeopardize their career by taking on a client who might have a conflict of interest in a pending case. If you think your current attorney has breached this rule, when you hire your new attorney make that your first order of business. The board doesn't take too kindly to unethical and illegal dealings.
It may not be easy, but keeping things private is a two sided street, you have to stay close lipped about things you want to remain personal and confidential.
2007-10-05 08:04:53 · answer #4 · answered by Katharine E 2 · 0⤊ 0⤋
It is not odd, it is very common. But the lawyer cannot represent two persons (related or not) who have conflicting interests in the same case.
But if you lawyer does have information learned from you in an attorney/client privileged setting, he cannot divulge it or use it without your prior permission.
If you are concerned about it, speak to the lawyer.
EDIT - they would want the same attorney because they think you have good judgment in picking one and they don't have any better way to decide which lawyer is best.
2007-10-05 08:03:45 · answer #5 · answered by raichasays 7 · 0⤊ 0⤋
If there is a potential conflict, the lawyer will be ethically obligated to remove himself. Don't worry about it. he won't discuss your matters with your family members either.
If you want him to not do work for certain other people (family or not), well, he has a business to run, and he will be open to your making up for the financial losses you wnat him to incur on your behalf I am sure. You can pay him extra to have a semi-exclusive or exclusive deal. Lawyers do that all the time.
As for why your family members did it?
You spoke well of the good job he did for you, and that consitututes a referral from a trusted source. Just like if you told them about a good restaurant they might go there too!
Or maybe they are all conspiring against you :)
2007-10-05 08:03:02 · answer #6 · answered by Barry C 7 · 0⤊ 0⤋
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2016-10-10 09:03:58 · answer #7 · answered by ? 4 · 0⤊ 0⤋
It seems your relative trusts your judgment. Maybe this person sees you have gotten good results wtih this attorney and decided to hire him/her because your relative thinks the attorney is competent.
2007-10-05 08:22:48 · answer #8 · answered by VeggieTart -- Let's Go Caps! 7 · 0⤊ 0⤋
my family banks at the same place and gets car insurance at the same place and if I needed a lawyer my father would recommend his first.
Our family likes to travel together so if one has a problem (which I did with my bank about 7 years ago) we all move.
- when I mean family I mean grandmother, parents, aunts, uncles cousins we don't do a whole lot together but we do like following the same good business and if one works for one they work for all if one fails one it fails all.
2007-10-05 08:06:27 · answer #9 · answered by Blessed Rain 5 · 0⤊ 0⤋
no.i hired my husbands lawyer to process our divorce.yes i actually did.
2007-10-05 07:59:22 · answer #10 · answered by CHER 6 · 0⤊ 0⤋