Barrister Or Solicitor

[ruthandsam]

Can a Barrister or Solicitor represent you in court if they are a member of your family?

[Buenchico]

A court certainly couldn't object and unless my googling skills have let me down, there's nothing in the professional codes of either the Law Society or the Bar Council to prohibit it (and I can't think why there should be).

Perhaps Barmaid will tear herself away from her Halal buffet (currently in Chatterbank) to provide an authoritative answer?

[Barmaid]

Actually I was in F&D, Chris!!

No, there is nothing in the codes of Conduct to prevent this. However, the Bar Council advise against this. You cannot be completely impartial if the client is a member of your family. You may find that elements of your professional duty conflict with your emotional feelings towards a family member.

I have done it, and it is very difficult balancing the requirements of your client against the fact that you are also a mate/family member.

[Nibble]

Usually, the lawyer would be advised against this, as it could be construed as a conflict of interest. IMO

[Old_Geezer]

As someone who admits to knowing nothing about this, I don't see a conflict of interest. The job is to represent the client to the best of their ability regardless. Being family would only provide additional incentive to do a good job, surely ?

[FredPuli43]

It's not conflict of interest. It's that you can't be sure to advise or act with the impartial judgment necessary in the best interests of the client or, perhaps, the court.

[tonywiltshire]

Yes as has been said and as BC states why should they not? Family and friends expect guidance of some sort if you have any knowledge of the law as they would if had you knowledge of any other subject. I find no conflict of interest in this and it is possible you can ensure they are following the right track with council of sound reputation in that area of law.

[FredPuli43]

Tony, I wouldn't even represent myself in court. I did it once in the magistrates' court, thinking it was an easy case to get a result in. I finished second. On the appeal to the Crown Court, I retained solicitor and (other) counsel. Counsel strolled it and got the result. I'd like to think that the magistrates were too thick or ill-advised by their clerk to appreciate the merits of my case, brilliantly argued as it was (!), but I suspect the main reasons were that a)I had such confidence in the merits of the case that I didn't see, or imagine, that there could be any counter - argument or finding of fact worthy of the name b) I was the defendant and had less credibility in their eyes than independent counsel, and, of course, "any lawyer who acts for himself has a fool for a client"

These elements are present when appearing in court for family. Even in ordinary, non-contentious, matters, there's more of a risk that something will be missed or misjudged. And if you don't get the result, family never forget! You don't have to see other lay clients over the ensuing years, or live with them.

[tonywiltshire]

Fred thanks for your comments I am sure you are correct. The most I do is to give advice on how a matter should be tackled or on occasions give recommendations; I once suggested a firm should not be used only to be told they were found to be excellent.
When you acted for yourself I am sure your compelling arguments were eloquently put and very convincing if it were not for those foolish and badly advised magistrates.