Assistance with attorney fee payments by friends or a family member is a common occurrence in the areas of criminal, juvenile, and family unit law. Typically, clients seek out the help of family members because they have an immediate demand for legal representation, but have no ways or ability to pay for an chaser's services.

When a family unit member does non qualify for legal help representation or for a public defender, the financial assistance of a friend or relative may be the only alternative to "pro-se" or self-representation.

However, hiring a lawyer for a family unit member requires an understanding of the role the client takes in the case. For instance, when an individual hires an attorney, the attorney makes a promise to the client that whatever the clients says to the lawyer is confidential and privileged.

More often than not, this "attorney-customer privilege" applies when:

  1. An actual or potential customer communicates with a lawyer seeking legal advice;
  2. The lawyer is interim in a professional person capacity and the client reasonable relies on the advice every bit legal advice; and
  3. The client intended that the advice to exist private and the lawyer did not dissuade the customer from relying on the advice.

In essence, the attorney-client privilege is a rule that preserves the confidentiality of communications betwixt clients and lawyers, under which attorneys may not divulge a client'southward secrets or be forced to reveal them past others.

The purpose of the rule is uncomplicated, to encourage clients, bodily or potential, to openly share information to their attorneys in order for attorneys to provide more constructive representation.

It is important to note that the attorney-client privilege belongs to the client; this means that merely the client tin can make up one's mind whether to waive the privilege and requite consent for their lawyer to communicate confidential communications with an outside party, such as a friend or family fellow member ground the bill.

Are Family Members Excluded from the Attorney-Client Privilege if They are Paying the Client'southward Bills?

The brusk answer is no, unless an exception applies. Common exceptions when a family unit fellow member may be able to be a role of confidential communications betwixt a customer and chaser include:

  • If y'all are profitable a disabled adult under a legal guardianship;
  • If you are assisting a blind or deafened family unit member;
  • If the family unit fellow member has given the attorney written permission to include you in confidential communications; or
  • If you were simply present to the communications

In one case once more, a client may consent to allow a family member to be party to confidential communications. Withal, an attorney must follow some rules in social club to avoid committing legal malpractice, and, thus, volition normally require the client to practice more than than simply give them permission to speak with a family unit member.

First, the lawyer will determine whether the family member or friend poses a pregnant risk to the lawyer'southward ability to represent the client. If the family member or friend is some other client of the attorney's or significantly interferes with the attorney's zealous representation of the client, an attorney will non likely allow a family member or 3rd party be political party to confidential communications.

An attorney will non consent to a family unit member interfering with the representation of the client, considering doing so would subject the attorney to possible legal malpractice. However, an chaser will usually allow family members to be subject to confidential communications if they do not significantly impair their ability to represent the client and if both the family member and customer sign a conflict of interest waiver.

This will likely contain a statement that notes the attorney has explained the conflict of involvement in assuasive a tertiary party into confidential communications and the customer has agreed to waive the chaser-customer privilege anyway.

What Happens if a Family unit Fellow member Disagrees nigh How to Handle the Case?

The family member or friend that pays for the client to receive legal services and hires the lawyer has no control over the case. Once again, the chaser must represent the client and owes a duty but to the client, not the person that pays the client'south bill. Thus, it will be the client, not the family fellow member or friend, that will determine whether to accept a plea deal, settle the instance, or go on to trial.

What Happens to Unused Funds at the Stop of the Case?

At the conclusion of the case, any unused funds or unearned fees left in the customer's trust account, will be returned to the client by the attorney. Thus, if a family unit member or friend pays for the legal fees, at the end of the instance they should ask for the money left from the client they helped.

If y'all believe the chaser used any unearned fees or refuses to return the trust to the client's control, then be prepared to contact a local malpractice attorney to find out the next best steps.

Should I Seek an Attorney for my Family unit Member or Friend?

As can exist seen, assisting a friend or family member in finding legal representation is a good pick for persons that otherwise cannot beget or don't qualify for legal representation. It is important to note that information technology is ok for you to pay the bills, however you will non be in charge of the case and may non take much involvement in the case at all.

When seeking out an chaser for a family unit member or friend, y'all should seek an attorney that is experienced in these kinds of situations and is experienced in the field of constabulary needed for your loved one'south case; whether they be a qualified and experienced family law attorney or an experienced criminal law attorney.