Legal Question in Criminal Law in California

Yes, a daughter can legally represent her father in a case but it may not be advisable. A criminal case requires the attorney to make many key strategic decisions and the close nature of the relationship and emotional bond she has with her father may cloud her judgment. In short, she may not be the best lawyer for the job.

I consider myself a very strong trial lawyer (with a track record to back it up) and I would never represent a close family member or dear friend. Having said that, I have represented a distant nephew (no contact for many years) and immensely regretted it - not because I didn't do a good job, but because he did not appreciate the pro bono work I did which resulted in a dismissal of his felony case.

If my Dad were facing a criminal case - especially, if it was a felony - I would tap one of my colleagues to do the job and offer to assist, pro bono, on the side. That way there is a truly objective person calling the shots and making those key strategic calls.

Good luck!

Deirdre