We know it can be frustrating when you contact an attorney for the first time and you just have a quick legal question that you think can, and should, be answered rather easily. The attorney then replies, “We need to schedule an
for you to come in to discuss the matter.” You really want to plead with the attorney to just answer the quick question but it is important to understand what is at issue for the attorney. It is not that the attorney is not willing to give out legal advice but rather he or she wants to ensure they are protected from any issues that could arise from you relying on that quick answer to your question.
Rules of Professional Conduct
Attorneys are governed by their state’s Rules of Professional Conduct (“Rules”). Without boring you with the specific language of these Rules, among other things they ultimately govern the duties, responsibilities and obligations owed to a client in an attorney-client relationship. When a client retains an attorney under a formal representation agreement, it is clear then that there is an attorney-client relationship and what duties are owed to that client. The issue is when the attorney-client relationship may be formed under blurred lines.
When an individual picks up the phone and calls an attorney to ask a quick legal question, the attorney may not believe an attorney-client relationship has been formed. However, the individual might view the conversation differently. If he or she relies on the advice of the attorney and there are negative consequences as a result of the attorney’s advice, the individual may now decide to file a complaint against the attorney. Attorneys approach matters with certain formalities to first determine whether they can even take on representation (more information on this below) and second to obtain the necessary information and understanding of your situation to provide thorough and competent advice.
There are times even when ultimately the answer to your question is “You do not need to hire an attorney” or “You do not need to take any legal steps to address your issue.” But you will find in these instances the attorney still approaches the interaction with certain formalities to underscore whether or not an attorney-client relationship has been formed.
Conflicts of Interest
Additionally, attorneys have a duty to current and former clients and cannot take on any clients that cause a conflict of interest with a current and/or former client (unless a waiver is obtained). Therefore, attorneys need to run a conflict check to decide whether they are able to take on representation of the prospective client and before they can receive personal and confidential information from the prospective client.
Often prospective clients think they are being helpful when they initially contact an attorney and provide a lot of information about their legal matter. However, by providing too much information before the attorney is formally engaged can actually cause more headaches for the attorney. Receiving certain information from a prospective client can create a conflict with the attorney’s current or former clients and can disqualify him or her from representation of other clients.
It is helpful when contacting an attorney to provide just enough information for the attorney to determine whether he or she can take on the representation. Typically basic information is the best place to start – names of the various parties involved and a brief statement of the issue at hand. Then let the attorney ask for more information, as they deem advisable, until such time when they can conclude whether there are any conflicts that would prohibit representation.
Again, we know it can be frustrating when you feel like you have a rather simple question that might require very little effort to address. But be mindful that attorneys have obligations under the Rules that they must uphold.
