When a lawyer is emotionally invested in a matter, their capacity to deliver objective advice may be in danger.
Can the Right Lawyer for Your Needs be Your Friend?
This question perplexes both lawyers and law students. They are worried by the conflicting expectations of client loyalty, law, and friendship. Furthermore, they wonder how such allegiance can be in line with the devotion to the common good that is a hallmark of lofty moral beliefs.
Client loyalty – Not the Same as Friendship
In a lawyer's connection with a client, loyalty and independent judgment are critical. Therefore, before representation, if an unacceptable conflict of interest arises, representation should probably be denied.
As a result, in both litigation and non-litigation matters, the lawyer must implement reasonable methods. They must be appropriate for the size and type of firm and practice, to determine the parties and issues involved. In addition, they must consider whether there are actual or prospective conflicts of interest.
If a conflict emerges after the lawyer has begun representing the client, the practitioner should withdraw from the case even if that person is a friend. A lawyer may not allow his or her personal or professional interests to influence a client's representation. A friend, however, might be tempted to stay with the client, in spite of the conflict of interest.
A lawyer's friendship or need for revenue, for example, should not cause him or her to take on problems that cannot be handled properly and at a reasonable cost. A lawyer cannot, for example, direct clients to a company in which the lawyer has a hidden interest.
Objections to a Lawyer as a Friend
Lawyers are taught that logic and the law are supreme. Some say that if we are swayed by friendship's emotion and pull, they may lose their better judgment and give bad advice. In addition, lawyers understand that the necessities of friendship may justify deviating from the law or morality. Therefore, they may be tempted to prioritize the interests of a friend over the law or the greater good. As a result, they must maintain a professional distance in order to avoid being blinded to the truth or the greater good.
Lawyers, Friendship, and Small Business
Finally, small business owners should evaluate the danger of substantially straining intimate relationships before hiring a friend or family member for legal responsibilities. It's all too easy for friends to skim over their expectations of one another, presuming that they both know what the other is getting at.
This can lead to miscommunications regarding everything from the extent of work to the price you'll pay for it. Such misunderstandings can strain friendships and cause family strife. In addition, it can be damaging to your case and may lead to even more challenges.
Conclusions
Keep in mind that working with someone in your personal network can be a lucrative arrangement for both parties. However, if you do go that route, make sure that person is working within their usual practice area and that you are clear about financial and other expectations.