When visiting a lawyer, it is common for people to bring family members with them. For example, Junior, who the police arrested for drug possession, might bring his mom with him.
In situations like these, who is the client? Are family members considered clients? What if the family members pay the attorney’s legal fees? After all, those paying the bill should be part of every decision, right? Wrong. In the example above, Junior is the only client of the lawyer. The test for determining the client is easy: who is the target of the lawyer’s services? It is the person injured in an accident, the person accused of a crime, the person seeking a will or trust, etc. And it is nobody else.
Practically speaking, this means that the lawyer is going to listen to Junior and do what Junior wants and not what Junior’s mom wants. The lawyer is going to direct his advice to Junior and is going to counsel Junior outside of the presence of his mom. The lawyer will keep Junior’s confidence and not tell Junior’s mom what Junior tells the lawyer. This is because Junior, and only Junior, is the attorney’s client. If Junior’s mom can’t accept these boundaries, then the attorney will not be able to represent Junior.
The American Bar Association, in a comment to the Model Rules of Professional Conduct (for lawyers), states that payments by third parties are not permissible “unless the lawyer determines that there will be no interference with the lawyer's independent professional judgment . . . .”
So family members, if you feel you are being cut out of the loop by an attorney, don’t take it personally. It’s not that the attorney doesn’t like you or appreciate your involvement . . . it’s just that you are not the client.
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About the Author: Jeremy Richey is an Illinois attorney. His office is located at 719 W. Lincoln Ave., Charleston, IL. His website is www.jeremyrichey.com, his e-mail is jr@jeremyrichey.com, and he can be reached by phone at (217) 348-6767.