If an attorney is representing a relative, could this be recognized as a conflict of interest

Question

If an attorney is representing a relative, could this be recognized as a conflict of interest

Answer

Representing one's relative, by itself, does not raise a conflict of interest. There needs to be a "conflict."

Answer

No, not per se. Indeed, there may be less possibility of a conflict when the relationship between the attorney and the client is close. What conflict could arise when an attorney represents himself?

It may be unfortunate for the party on the other side, because the attorney may put in more time and effort, or work for less money. There are not conflicts of interest.

Answer

Unless the attorney has some interest in the outcome of the case or transaction that is different from the relative he or she is representing there is no conflict.

Answer

That a client is the attorney's relative does not introduce a conflict. If the attorney has an interest in the outcome of the case that is adverse to his/her relative-client's interest, that would be a conflict.

Perhaps a good example is that an attorney cannot represent his/her spouse in a contested divorce action. The interests of the attorney and the client in the outcome clearly diverge.

However, the attorney can represent his/her spouse in a contract dispute with the spouse's employer (unless the employer is or has been one of the attorney's clients). The attorney's interest and the client's interest in the outcome are essentially identical.