The Risks of Representing Friends
For lawyers, representing friends can seem like a kind thing to do. However, mixing personal relationships with professional responsibilities can result in a variety of complications and ethical dilemmas. While the intention may be good, doing so can compromise your objectivity, professionalism, and even result in legal or disciplinary consequences.
1. Loss of Objectivity
When representing a client, a lawyer must remain objective. Many of the issues that arise in a legal representation are personally charged. The lawyer cannot get carried away by emotions. The lawyer-client relationship requires some level of detachment, which will allow the attorney to provide objective advice and make decisions based on legal merit. When a personal relationship is involved, emotions can cloud judgment, leading to decisions that are guided by sentiment rather than sound legal reasoning.
You might be hesitant to give a friend hard advice or criticize their actions when they need to be criticized. You might also feel undue pressure not to disappoint your friend, leading you to take actions you wouldn’t otherwise take.
2. Strain on Personal Relationships
Representing friends can blur the lines between personal and professional relationships. A friend may have unrealistic expectations of you. When the results aren’t what the friend/client expected, the friend may let it affect the personal relationship. Moreover, friends might expect you to cut corners for them. This can create a serious ethical dilemma for you.
3. Financial Complications
Money matters are often a sensitive issue in any friendship, and when legal fees are introduced, it can lead to awkward situations. Lawyers may feel reluctant to charge friends their normal rates, offer discounted services, or even work pro bono. However, offering friends a financial break can backfire. Offering a discount or free services may create confusion over the scope of the work. The friend might expect more time and attention than you are willing or able to provide. Unpaid invoices are another potential minefield.
If you are going to represent a friend, keep that part of your relationship professional. Be sure to do an engagement agreement that defines the scope of your representation. And be sure to keep your communications confidential. Set clear boundaries with your friend. Make clear that you are not available 24/7 for anything they may need.
While it may seem like a good idea to represent a friend in a legal matter, the potential pitfalls may outweigh the benefits. Lawyers must prioritize their professional duties and maintain the highest standards of ethics and competence. When personal relationships interfere with a lawyer’s ability to provide unbiased, effective legal services, both the lawyer and the client stand to suffer. In most cases, the best thing to do is refer friends to another qualified attorney to avoid the risks associated with blending personal and professional relationships. By keeping boundaries clear, lawyers can preserve their friendships and their professional integrity.
