Focus on Ethics & Civility
| Publication year | 2022 |
| Pages | 56 |
Focus on Ethics & Civility
Informal Legal Advice
By Keith A. Call
Have you ever been in a social setting when a friend or family member approaches you and says, “Hey, I’ve got a quick legal question for you. Gotta second?” If you have been a lawyer (or even a law student) for more than a minute, I can guarantee you have. I heard of one lawyer who even felt like she had been designated as the “ward lawyer” because she often gets approached with this type of question at church.
This is a tough one. I’m not aware of any published Utah cases or ethics opinions that directly address this issue. But there are several potential ethical and liability pitfalls whenever your brother-in-law hits you up with a “quick legal question.” Here are just a few of them.
Attorney-Client Relationship
By giving informal legal advice, you may be unwittingly creating an attorney-client relationship, with all of its attendant duties and responsibilities. An implied attorney-client relationship can result when the “client” seeks and receives the advice of the “lawyer” in matters pertinent to the lawyer’s profession. Breuer-Harrison, Inc. v. Combe, 799 P.2d 716, 727 (Utah Ct. App. 1990). For an implied attorney-client relationship to exist, the “client” must actually and reasonably believe that the attorney represents the client’s interests. Roderick v. Ricks, 2002 UT 84, ¶ 41, 54 P.3d 1119. Courts will examine the totality of the circumstances surrounding the alleged representation. Norman v. Arnold, 2002 UT 81, ¶ 17, 57 P.3d 997. Under the rules of ethics, an attorney-client relationship “can arise from brief informal conversations, in person or by telephone, even though no fee is ever discussed or charged and no contract of employment is signed.” Utah State Bar Ethics Advisory Op. 97-02 (Jan. 24, 1997).
Competence
The first rule of ethics requires a lawyer provide competent representation and advice. Utah R. Pro. Cond. 1.1 This requires appropriate legal knowledge, skill, thoroughness, and preparation. That’s hard to do when Soccer Dad or Mom starts asking questions about unfamiliar areas of the law on the sideline.
Conflicts of Interest
Handing out informal legal advice usually does not give you the opportunity to screen for potential conflicts of interest. Indeed, you may not even know who the relevant parties are. This can inadvertently lead to forced...
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