It finally happened, the moment I had been dreaming of since I first applied to law school: someone tried to ask me for free legal advice.
I was at a friend’s baby shower when I was approached by a woman. The conversation started innocently enough: “I’m so happy for Amy and her upcoming bundle of joy—she deserves all the happiness in the world! Are you her lawyer friend?”
After laughing and answering affirmatively, I was met with: “So my husband and I just bought a new house and unfortunately there’s a homeowner’s association no one told us about, is there anything you can do to help?”
First off, let’s review why it’s inadvisable to give out free legal advice to friends (or people you meet at parties): our rules of Professional Conduct require us to provide “competent representation to a client…[which] requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” (ABA Model Rules of Professional Conduct: Rule 1.1 Competence.)
This means that providing off-the-cuff legal advice on areas you know little (or nothing) about is not only foolish but a violation of our profession’s standards of practice. So, what’s a poor partygoer to do?
Direct them to appropriate resources.
If their question is outside of your practice area–or you just don’t want to take them on as a client or give legal advice at a party—direct them to appropriate, relevant resources. In the case of the homeowner’s association question above, I directed them to look at their real estate contracts and any agreements they may have had with their broker or agent for relief. In addition, calling out the type of law “real estate,” “tax exemption,” “custody disputes,” or even “trust and estate issues” can help the individual focus their question and find an attorney who practices in this area.
Find a tactful way to tell them you can’t answer their question.
This one is difficult and can vary depending on how close you are to the person. “Oh man, that homeowner’s association stuff is way outside my area! It’s above my head, quite honestly. I’m more of a data privacy and healthcare nerd—let me know if you need help accessing your medical records, though” would work. As would, “Unfortunately that is out of my practice area, so I can’t really help you with that. I’m sorry.” As long as you are clear in getting the message across, the delivery is up to you.
End on a positive note and/or make a referral.
Even though you may not be the right person to answer their question, if you know someone who might be able to help, there’s no shame in referring the potential client. If you don’t know of anyone in particular, giving them some names of good firms in your area is always helpful as well. To end the interaction on a positive note, ask them about themselves or tell a funny story about something that happened in law school—that always works.
Protecting yourself and your license doesn’t mean you have to be uptight, rigid or avoid all social interactions. Following the rules against providing incompetent legal advice can be as simple as setting professional and personal boundaries, giving a referral or even redirecting the conversation. Part of being an attorney is learning to avoid these professional pitfalls—and some may even consider being asked for free legal advice a rite of passage; I know I do.
