Can an attorney represent his or her sibling in a child custody case? 6 Answers as of January 25, 2012

If custody was awarded to you by a California Court, that would be theCourtwhich would hear a custody modification proceeding. If your brother-in-law isn't licensed to practice law in California, he couldn't represent your ex-wife in the proceeding unless he applied and was granted permission to appear "pro hac vice" (specially in that particular proceeding). Furthermore, you could oppose his representing his sister if he interacted with you and your family during the marriage and it would be up to the court to determine whether that interaction would justify his being disqualified to represent your sister.

There is no law preventing an attorney from representing a relative (at least in California), although if he intends to be a witness, he is barred from representing either side.

Yes, an attorney may represent a family member. However, the prevailing wisdom is that an attorney should never represent a family member, just like a doctor should not treat a family member.

There should be no reason why an attorney cannot represent family in a case. The attorney still needs to make sure there is no conflict of interest in the representation.

Yes and no. The attorney is not licensed to practice in California. Therefore, to handle a case here, he has to associate with a California attorney and file a form known as pro hac vice. There is no prohibition against an attorney representing a sibling.

An attorney can practice in the states where he is licensed. Many attorneys make it a practice not to represent family members but there's no "law" against it.