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A lawyer is subject to ethical rules when deciding whether to take a case. In a situation where he is a criminal defense lawyer and the defendant is a friend or family member, he needs to consider whether it would be appropriate to take the case, based on the situation.
If he is a witness, or would be emotionally involved, or would have financial involvement, or would have a stake in the outcome, he should not take the case. However, there are many cases where he could take the case without violating any ethical rules.
For example, I am a criminal defense lawyer. My husband got a speeding ticket. I can ethically represent him in that citation without issue. However, if my husband were accused of murder, I would not be able to perform my duties without my personal interests interfering, and therefore shouldn't take the case.
Short Answer: Ethically - they probably shouldn't. Legally - they are not proscribed from doing so.
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∙ 13y ago
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