What do legal professionals usually tell family/friends who ask for legal advice?

[Healthygarden]

As an articling student I've been telling them that I don't feel comfortable giving legal advice.

While i understand that this question depends on the complexity and severity of the case, before even hearing the facts, what do you tell them?

[Rashabon]

You tell them you're not their lawyer and you are not allowed to give them legal advice. If they do want legal advice, they can go through the proper channels, sign a retainer, etc. You will have professional obligations that you don't want to fall offside.

[Jaggers]

I have often provided people with info about the Ontario lawyer referral service, which will give them a half hour consult and better information than I probably could provide. 

[123]

I tell them that sure, I would love to advise them on the purchase of their home, even though I couldn’t identify a purchase agreement if it walked up and introduced itself, I’m not really sure what a solicitor is, and I quite possibly have never read a contract in my life. 

Refusal makes you seem hard to get. Ineptitude works every time. 

[OntheVerge]

A note to be careful that sometimes people aren't as straightforward and won't actually ask for legal advice, but still expect it from you. In that case, they'll think you're giving legal advice even when you think you're just having a conversation. Be very, very careful about talking about topics even tangentially related your area of law to general acquaintances, as sometimes people are fishing for advice but don't come out and say it. They also attach more weight to what you say because they know you work in that area of practice. So you think you're just in a general conversation with a neighbour, talking about, say, housing prices in the area, but they might be looking for advice on whether it's a good time to buy and/or sell. They don't tell you this, however. You have no idea that's what they're using this conversation for, you think you're just chatting, but they'll take a general comment you make and apply it to their situation. And, potentially act on it.

This also happens a lot with tire-kickers. Once people find out you're a lawyer, they want to tell you every legal-related situation they find themselves or their family immersed in or bring up wanting to talk to you about it officially "in a week or two" and then keep talking about it then and there. In those situations, it's easier to know they're looking for legal advice and to avoid accidentally getting trapped. I personally love meaningless platitudes, like "that's unfortunate", "oh no, really?" "hmm, that's tough", until they realize they're not getting anything from me and lose interest. 

It's the former that's the harder situation to spot the conversational traps. I basically don't say anything to people that's not public knowledge or easily available online. So instead of saying, "hopefully housing prices calm down a bit" or "you'd think the market should cool off soon", I'll say, "I read a CBC article on how people are hoping the market will cool off soon." Helps to keep the distinction between legal advice and general information a lot clearer. 

Edited November 30, 2021 by OntheVerge

[N. Mink]

I refer them. 

[BlockedQuebecois]

35 minutes ago, OntheVerge said:

It's the former that's the harder situation to spot the conversational traps. I basically don't say anything to people that's not public knowledge or easily available online. So instead of saying, "hopefully housing prices calm down a bit" or "you'd think the market should cool off soon", I'll say, "I read a CBC article on how people are hoping the market will cool off soon." Helps to keep the distinction between legal advice and general information a lot clearer.

I get your point, but I don't think anyone needs to be worried about whether commenting on housing prices (or the expected direction of the housing market) constitutes legal advice. Worst case scenario, that's the type of law society complaint that gets summarily closed. 

[OntheVerge]

Well, that was an example. However, I have been asked point-blank by people in my area about whether selling now or later is a good idea based on the current market. I know any answer I give isn't technically "legal advice" and that it's just an opinion. I also know I don't want people acting on that opinion, which is why I'm cautious on what I say.  The point is that people will, and do, attach more weight to your words coming from a lawyer, especially if it's on a topic related to your area of practice. And it's a good idea to be cautious. Like you said, worst case scenario might be an LSO complaint that gets summarily closed...but what about people leaving bad reviews of your practice online and telling people not to use your services? 

 

[Vizslaw]

42 minutes ago, OntheVerge said:

Well, that was an example. However, I have been asked point-blank by people in my area about whether selling now or later is a good idea based on the current market. I know any answer I give isn't technically "legal advice" and that it's just an opinion. I also know I don't want people acting on that opinion, which is why I'm cautious on what I say.  The point is that people will, and do, attach more weight to your words coming from a lawyer, especially if it's on a topic related to your area of practice. And it's a good idea to be cautious. Like you said, worst case scenario might be an LSO complaint that gets summarily closed...but what about people leaving bad reviews of your practice online and telling people not to use your services? 

 

There's probably not much you can do about that last part. We got a bad review from a SEO person who harassed us non-stop about working together when we already had that covered. I wouldn't lose too much sleep over it.

I get asked all the time to comment on friends, or family friends, or their friend's dog walker's legal issues. I just tell them that I can't give them legal advice and then drop some information where appropriate. If I can help someone find the resources they need, I'm happy to do it. A lot of the time it's just saying they can use the LSO referrral service like @Jaggers said. If it's an area that I don't practice in, but know someone who does, I'll try to connect them.

If they are asking about something squarely in my practice area I'll either set up a free consult (if there's no conflict) or recommend someone else. I don't see a problem with providing information without wading into legal advice on their particular circumstances. Since this was all about OP's question as an articling student, you need to be especially cautious about not providing incorrect information. 

So here's a typical question I get asked: "Someone filed a complaint against me with the College of [insert healthcare profession here], how should I respond? Am I going to lose my licence?"

I see no harm in providing them with information about the complaints process and what decisions the ICRC can make (in terms of what the legislation permits them to do) or how the discipline committee works. None of that is legal advice and no sane person is going to regard it as such. 

I agree it's good to be cautious, but I also think that if you have the opportunity to help share some information that might put your family/friends/dog walkers/ at ease or help them find the resources they are looking for, why not help point them in the right direction.

 

[OntheVerge]

@VizslawOh, agreed. I do the same when people come right out and ask. I had one neighbour ask me about an issue with an estates matter and another regarding a tenant/landlord issue. In both cases, I pointed them to resources that would help them. I must have been unclear in my original post when I meant that sometimes situations sneak up on you where you don't realize the other person is angling for legal advice/information but isn't stating it outright. That's where I suggest caution; both in realizing when you're in that situation, and that people attach a lot of weight to lawyer's words sometimes.

[99problems]

4 hours ago, Healthygarden said:

As an articling student I've been telling them that I don't feel comfortable giving legal advice.

While i understand that this question depends on the complexity and severity of the case, before even hearing the facts, what do you tell them?

A couple semesters ago, I emailed my Property prof and asked about the interpretation of a section in a statute. The first line of her email was "this is not legal advice..."

So I guess if you are not too uncomfortable to advise them, start by saying that whatever you are saying is not legal advice and is merely your perception of the matter, and they are better off seeking advice from a lawyer whose practice area relates to their question.

According my Tort prof, you can be found liable even if you are not officially their lawyer. However, this risk can be avoided by providing an oral disclaimer.