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I would like to say two words about this, especially to the younger lawyers and law students who may be listening. It's something law school doesn't give you a lot of help with other than the bare ethics part. Which is important, but not the end of the question. https://twitter.com/legalinspire/status/1354452048536870914
This is a client I was already retained by, for a completely unrelated matter, who asked me for help with sealing/expunging some very old criminal matters. When I asked why he wanted *me* to do it instead of hiring a criminal defense lawyer, he said "I like you and I trust you."
So here's what I said: "I will research the process, as it sounds interesting, and I will not bill you for that research. If I think I can help you, I will, and if I think you need a criminal defense attorney, I will tell you so."
I did exactly that - and here's a tangent tip, young lawyers/law students. They teach you to search for cases and precedent in law school but, at least in the Long Ago Time, they don't teach you to search for *resources.* *Somebody* has already done what you are trying to do.
If you can find a good example, or a good resource, or both, it gives you a tremendous leg up. Look for a case that went the way you wanted - and then see if the filings in the district court can serve as a useful template.
Look and see if there's good pro se resources you can review to know where to start. In the case of criminal record sealing/expungement, Illinois Legal Aid has a *tremendous* website with information, forms, etc. Found that, used it to inform my representation.
Saved me a lot of time, saved my client a lot of money. I do this all the time. Maybe because I'm a contract attorney and (long ago) a programmer, which are both fields where the usual first approach to a problem is, have I got a template I can adapt for this? Does someone else?
Anyway, I did the research, and determined that I was comfortable handling the preparation and filing of the forms, and appearing in court if need be. (Hearings are not strictly required by statute for sealing/expungement but I get the impression they are the norm.)
So I had my ethics covered: this is not my usual gig but I am confident I can provide competent representation. I told the client exactly that, as well as advising them of things that might happen which could cause me to ask for permission for co-counsel. Client was fine with it.
I was confident I could do it for a reasonable price - with the client advised that my normal rates are probably higher than most criminal defense attorneys in this county. Again, client wanted *me.* Full disclosure, knowing consent.
Was I nervous about leaving my wheelhouse? Yes I was. But I was confident in my professional ability and the client was clear as to their preferences. So I did it and aside from a slight hiccup with a multi-count case which was easy to fix, it went just great.
So yes, I know it's scary but don't automatically say, "That's not the kind of law I practice." If it interests you, if the client want it, and if you can make it work... go for it. If not, there's nothing wrong with being honest and prudent...
... about your limitations. I absolutely would not take a criminal defense case. I wouldn't represent *myself* in a criminal defense case. But while this was technically a criminal matter, it was really a paperwork matter. And if there's one thing I can do, it's paperwork.
Don't be afraid to think about it, is all I'm saying. Good luck out there.
