Working Moms

Vent: Any other attorneys out there...

...get people emailing and facebook messaging you asking you for free legal advice or, worse, to help them on their case?  Inevitably, they want you to work for free or say something to the effect, "I consulted a lawyer, but they wanted to charge me $XYZ and I can't afford that..." 

I get this all.the.time.  Further, it is usually from someone I barely know and/or who I have not talked to in years.  My favorite was a girl who I went to high school with wanting me to take her very involved case...for free.  I don't think I had ever had a conversation with her and, if I did, it was 15+ years ago!

Additionally, it seems like these situations usually involve a personal injury, car accident, probate or family law matter.  I practice corporate litigation. I have had little to no dealings with most of those areas of the law since law school. I understand that some people may not understand that I practice in a very specific area of the law and am not all-knowing, but it seems like a lot of them still think that I should be able to help them with their problem even after I explain to them (in a nice way) that what they are asking of me would be the equivalent of asking their gynecologist about their dental problems...

If you have dealt with this, what is your method of tactfully dealing with these situations? 

     

IF DX: DOR & Fragile X pre-mutation carrier
2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
BFP from supps ~ DS#2 due May 2014

May 2014 January Siggy Challenge:
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Re: Vent: Any other attorneys out there...

  • Not an attorney but other job fields have similar issues.

    My advice, use simple wording and draw pictures if need be. Explain that they would not go to an optometrist to get a pap test (or a prostate exam) and that they are barking up the wrong tree. And no, you don't know a soul who can help them for free as some people have student loans and families to support.

    If all else fails, just say ''Google it''.

    "What are you having?" "Well the radiologist says its a healthy little human baby. I'm a little disappointed, because I really wanted a puppy." LOL
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  • No help, but even my brother who is a plumber gets asked all.the.time to "check" other people's problems and of course, fix them for free. I guess no profession is safe. 
  • I have three different ways of handling this:

     If it's someone I barely know, but I would take the case then I send them my standard fee schedule.  If I wouldn't take the case then I simply give them my standard written non-engagement speech.  This fits with the guideline with cover my responsibility under the state bar.  It's more of a CYA and includes that they should consult another attorney, that there may be an SOL, etc.

    If it's someone I know, but I don't practice that type of law I will try to find them a referral.  At the very least, if I can, I will make some general recommendations for the next steps that they need to take.  I do make sure that they understand that I don't deal in bankruptcy, personal injury, etc. 

    You can also always ignore it if its coming through Facebook messenger or given the situation above let them know that you would be charging the same amount.   

    BabyFetus Ticker
  • Ha, I just spent a good deal of time seething because my FIL got a DUI and has ignored my advice at every turn despite the fact that I've resolved probably 100 DUIs. 

    I do find that people don't understand that being a lawyer doesn't mean you know about every area of law. Like, I don't know shiit about unemployment law, but I've had people ask about it. It doesn't bother me though. I ask my doctor friend stuff sometimes, I hope it doesn't make her mad, haha.

    ETA I always try to refer them to someone that can help in that area. 




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    "I realize I say the word fuck a lot, and I'd like to apologize but I don't give a shit." -Lewis Black
  • People always ask me for travel advice.  I work for a travel website, but I don't actually know anything about travel.  I know about ad serving on websites.

    I think every profession sees this, and I can't really blame people.  Because who wants to shell out a grand if they don't have to, or to a person who won't fix the problem?

    Baby Birthday Ticker Ticker
  • I get this all the time too!  However, I have a very easy excuse since I practice corporate finance and M&A, so I genuinely have no clue when it comes to most areas of law that people would ask me (personal injury, family, drunk driving, real estate etc.).  In those cases, I tell them I have not the slightest clue (standard line: "wow, I really have no idea.  However, if you ever want to take a company public or want to raise debt or equity financing, I can talk your ears off!", accompanied with a laugh) and offer a referral.  

    If it's a business law related question, I will offer some basic advice; but once it gets complicated, I tend to say that I can't provide any specific advice due to firm policy and liability reasons.   

  • I get questions all the time! The worst part is that friends joke that I need to help them get out of trouble if they get arrested. I usually refer criminal issues to defense attorneys I trust, but I have given general information on process and penalties. If its an area I know nothing about, which is basically everything outside of criminal, I tell them I have no idea and refer them out. The PP's example using medical specialties is what I go with as well.
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  • I have honestly never had something like the high school classmate thing you are describing. I would be p!ssed! It probably helps that I don't live anywhere near where I grew up and went to college. And 80 percent of the people I am friends with in my current city are lawyers themselves!

    I understand referring legitimate inquiries out to a contact, but I would not be very friendly to someone blatantly seeking a free lawyer. I sometimes tell people that if they are truly indigent they can call around to legal aid offices and law school clinics.
    DS: 2/17/11          DD: 9/4/13
  • Well, I work in public service, so most people don't bother asking me those kinds of questions. I do get the standard annoying questions from family members, wanting free legal advice and I always preface it with "well, I am not giving you legal advice," and go from there but always tell them they should talk to their own lawyer.
    Baby Birthday Ticker Ticker
    DD #1 passed away in January 2011 at 14 days old due to congenital heart disease
    DD#2 lost in January 2012 at 23 weeks due to anhydramnios caused by a placental abruption
  • Not a lawyer, but yes, we get that all the time.  DH is an architect and a friend of a friend offered to take him out for a nice dinner in exchange for designing their house.  WTF??  I'm a counselor and at least I have an easy out.  When people ask for counseling, I tell them I am ethically obligated not to provide therapy to family and friends. 
  • This happens to me ALL the time. 

    1. First of all, if it's a good PI case or med mal case TAKE THE CASE and refer it out and get your 1/3 cut of referral fees! I have gotten some decent referral checks.  NEVER let a good PI case out of your sight!

     2. If it's not in your area of expertise just smile and say i'll be happy to refer this to a good attorney I know.  I keep a list of attorney referrals exactly for this.  

    3. Just tell them flat out you can't take the case because you work too much and can get into trouble at work if you take on outside cases!

     4. Occasionally I DO take a shitty family/friend case on the side and I just tell them up front what they can expect from the case and I still charge them a few hundred bucks.  

  • It depends on what it is and who it is.

    I'll refer them if I really know it will be over my head by saying that they will be 100% better off having someone who handles this stuff on a regular basis advise them.

    I have also handled cases for free or a reduced price depending on the person and depending on the case. If I do decide to get involved, I try to say up front and in writing, I am signing on to this case to do XYZ at this price or this price per hour (even if it's free). That way I have a finish line for my work. I don't get involved in filing a case or responding to litigation unless I'm prepared to go whole hog though (complete with real fee agreements), b/c I've seen lawyers have real problems getting off cases. So this is more either exchanging letters, negotiating something or looking over documents or some such.

     

     

     



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  • Thanks for the advice. I usually just try to refer them to someone else because I genuinely don't know much about areas of law outside of the area I practice in.
    IF DX: DOR & Fragile X pre-mutation carrier
    2011: FSH 13.3 & E 99; AMH 0.54 2nd FSH 6.2 E 40's AFC: 8
    BFP from Clomid/IUI ~ Pre-e and IUGR during pregnancy ~ DS born 9/4/12
    Feb./March 2013: AMH less than 0.16 (undectable) and AFC = 4;
    BFP from supps ~ DS#2 due May 2014

    May 2014 January Siggy Challenge:
    image
    image
  • My DH is an attorney. He just tells them it's not his area, but he sometimes tries to refer them to someone if he knows an attorney that can help. As for me, when people ask ME if he can do something for free, I tell them he works crazy hours already and I need him home as much as possible. If he's working for free then he's not with me, and that makes momma cranky!
    Baby Birthday Ticker Ticker Baby Birthday Ticker Ticker
  • It happens All the time. I often tell them "As I'm not licensed to practice in the State of XYZ," or "Because I don't deal with that speciality, I'd hate to give you bad advice. Your problem sounds complex so my advice is that you HIRE a Lawyer in your area."

    Baby Birthday Ticker Ticker

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