Can a client use the lawyer they work for as representation? 55 Answers as of July 25, 2011

If you work for an attorney you can retain him to handle any type of case. The real question is whether he is skilled and experienced in the type of case you have. You need a criminal lawyer for a serious matter, but not for a simple shoplifting or marijuana possession case.

Yes, if the lawyer chooses to do so.

Yes, although, it may not be the best idea. It really depends on the seriousness or magnitude of the situation.

As long as the client doesn't have a problem with it and there is no other conflict, then there is no reason why not. The law allows the client the attorney of their choosing.

Yes, probably not a great idea, but if the "client" waives any real, perceived or potential conflict, it can be done.

Yes.

Sure, you can use your employer as your attorney in court. I see no conflict of interest there, as long as the lawyer is not representing an opposing party in the case.

Unless there exists a conflict of interest or a potential for a conflict of interest, an employer attorney can establish an attorney-client relationship with his employee. However, more information is required to better assess the conflict.

Can a client use the lawyer they work for as representation? In other words, can I represent an employee of mine - yes, absolutely.

Not a problem, unless there is a conflict of interest.

You can emply your boss also as your lawyer unless the crime involves an issue where the lawyer became a witness.

Yes, unless there is some unusual conflict of interest in the relationship.

Sure. It might get weird though since your lawyer usually winds up learning all your dirty little secrets. Especially in civil lawsuits your attorney will learn about any criminal history, past injuries, past lawsuits and other conflicts, relationship issues, etc. If you and your boss are both comfortable with that then I see no reason not to proceed.

Yes they may. You need to make sure that there is no breach of confidentiall or conflict of interests.

There is no reason why an attorney with whom you work can not represent you. However, the attorney may feel uncomfortable and may want to refer your representation to someone else.

Yes.

Sure. It may create problems at work if something goes wrong, but it is not illegal.

I cannot see why not, but you need to consult with your boss, the lawyer. There are confidence issues. Sometimes the lawyer finds out things you may think are embarrassing or could cost you your job. I have done it for my employees and their spouses in the past. Good Luck.

Yes, but it can create tension and may result in a lack of objectivity. I would probably decline and help employee find a good friend colleague to help instead of representing my employee.

Yes you can.

Generally speaking, absent any conflicts of interest and other compelling issues, it is best that you have separate and different experienced criminal defense counsel representing you in your criminal matter. This would also apply, especially if the lawyer you worked for is not an experienced criminal attorney and regularly practices criminal law. It is recommended that you immediately consult with an experienced Criminal Defense Attorney without any further delay.

The short answer is "yes." It may or may not be a good idea, though. If the case does not turn out well it could cause a strain on the relationship. But, I know of no legal prohibitions to an attorney representing his employee on a matter unrelated to the employment.

Yes.

Sure. I pray that the attorney is familiar with the area in which you need him.

It would depend on the relationship. I'm not sure I would want my employee know about a crime I was charged with, but it may be the cheapest means to obtain legal counsel and would not be a direct conflict.

Yes.

Yes although I don't recommend it. Depending on the circumstances, it may be necessary to share confidences with one's attorney. Those confidences may compromise the employee by sharing their secrets with an employer. It's a good idea to keep a wall up between you and your employer and to maintain a clear boundary between personal and business.

Technically yes, it may or may not be a good idea based on the relationship with employer/attorney and the nature of the crime charged. Good Luck.

Assume Oregon law: The answer to your question so long as there is no ethical conflict in doing so, it may be possible. Is it wise; well that is another question entirely.

Any lawyer can represent you as long as they are a member of the bar in good standing. The fact that they are your employer doesn't change anything.

Sure. I see no problem with that.

There is nothing preventing your attorney employer from representing you but you might want there to be a disclosure in your retainer agreement. A conflict could potentially exist if the case does not turn out as you would like making it awkward to continue working for him.

Yes.

Yes. If there were any conflicts, it would be up to the lawyer to discuss them with the client.

Are you asking if the lawyer you work for can represent you in a case? The answer to that is YES assuming there is no conflict of interest with a client. Also, be sure that the lawyer has experience in the area you need counsel.

Sure. As long as there is not a conflict.

yes, so long as the lawyer is experienced in the area of law you need, there is no law that would prevent you from having a lawyer you work for represent you on a legal matter. However, if you are facing a criminal charge, unless the lawyer you work for is an expert in that area and concentrates in representing persons accused of crimes it likely would not be a wise decision to do so.

If you speak to the attorney you work for about representing you and they agree to do so then there shouldn't be any issue with this. It would not be permissible for you to indicate that the attorney you work for is representing you just because you work for them if you have not actually discussed this with them. If you work for an attorney and are in need of legal representation, speak to them directly about the possibility of representing you before you make any indication that there has been an arrangement made.

Yes. This is common as long as there is no conflict.

Yes, that generally is not a problem, assuming that lawyer has expertise in that area of law, and there is no conflict of interest. By this, I mean, if the lawyer has represented an individual who has ties to the case of his employee, then there would be a potential conflict of interest that would prevent representation.

There is no ethical or legal prohibition against it and in fact it happens frequently.

Yes. That is not, by itself, a conflict of interest.

Of course, though I hope he has experience in criminal law.

I would recommend that you talk with that attorney about this matter, including whether or not there exists any potential conflict of interest based upon all the facts. In any event, you should retain a criminal defense attorney to represent you. Good luck!