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Can Family Lawyers Represent Family Members?

Discussion in 'Family Law Forum' started by tracy, 16 May 2014.

  1. tracy

    tracy Member

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    Can a family member act as the lawyer during proceedings in family law court?
     
  2. rebeccag

    rebeccag Well-Known Member

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    G'day Tracy,

    Is the family member an lawyer? (Its an offence to impersonate a lawyer.)
     
  3. tracy

    tracy Member

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    yes they are but shes a criminal not family practising, wouldnt their be conflict of interest or something tied into that? it doesnt seem right to me.
     
  4. rebeccag

    rebeccag Well-Known Member

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    It seems that lawyers can (and do) act for family and friends so long as:
    “the practitioner reasonably expects to serve the client honestly and fairly, and with competence and diligence” (example from the Law Institute of Victoria Professional Conduct and Practice Rules). You can also have a look at the NSW professional conduct rules, etc, there are similar rules in each State that you can check depending on where you're based.

    I would have thought the issue would be whether the lawyer has the skill and knowledge to competently represent the client in a Family Law matter if they only practice in Criminal Law. But that is up to the lawyer to know whether they have the requisite skills and knowledge to competently represent their client.
     

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