As far back as I can recall, as soon as I told people that I was a lawyer, there was the inevitable response “Can I ask you something?”.
All legal practitioners have been in this position at least once than once in their careers, and we have given an answer either because we genuinely wanted to help, or it made us feel special or important in the moment.
Recent trends are showing just how dangerous it can be for legal practitioners to give informal advice including around the dinner table or other social settings. Legal practitioners and their firms can be held liable for the advice given whether the legal practitioner intended the advice to be relied on or not. Recent judgments have awarded damages to plaintiffs (the judgments are not mentioned to avoid naming the legal practitioners involved) because the recipient of the advice, relied on the advice given and because the person giving the advice was a legal practitioner. It is virtually impossible, when giving advice in these circumstances, to be given all relevant information and, depending on the social setting, to be in a position to adequately consider the information and provide carefully thought-out advice.
Legal practitioners have a duty to consider all information properly, and to give considered advice.
Legal practitioners should not be caught up in the moment and give informal advice when faced with the question “Can I ask you something?”. This is particularly important for young practitioners who are often placed under pressure to assist by friends and family, once they are qualified and practicing .
The rules must be followed – always take instructions properly and thoroughly, follow conflict check processes, and accept that there is a duty of care which must be complied with when giving advice.
Disclaimer: This article is provided for informational purposes only and is not intended to serve as legal advice. Readers should consult one of our legal professionals for advice tailored to their specific circumstances.