Full question:
Can a lawyer represent a family member in a child custody case, when the attorney has close contact with the children such as the children surrounding the case spends the night at attorney's home, attorney is listed on school emergency contact card?
- Category: Courts
- Subcategory: Attorneys
- Date:
- State: Indiana
Answer:
Yes, a lawyer can represent a family member in a child custody case, even if they have a close relationship with the children involved. The Indiana Rules of Professional Responsibility allow for this, as friendship alone does not disqualify an attorney from representation.
According to Rule 1.7, a concurrent conflict of interest arises if representing one client directly opposes another client or if the lawyer's responsibilities to another client or personal interests significantly limit their ability to represent a client. However, a lawyer can still represent a client if:
- They believe they can provide competent and diligent representation to all affected clients;
- The representation is not prohibited by law;
- There is no claim asserted by one client against another client in the same case;
- All affected clients give informed consent, confirmed in writing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.