When Familia Needs Free Legal Advice

One of the first rules we learn is to not give legal advice out to family/friends because it can come back to haunt us. I remember reading an article about this while I was still in law school where the author, a white man, wrote that even his mother knew to not ask him for advice because he would never give it to her. It though, wow–that’s intense. I thought of my own family that often needs legal help (for immigration, real estate, etc) and how crappy it would be to have knowledge and tools to navigate the justice system but instead just tell them, “sorry I can’t.” It was just so counter intuitive to the whole point of even getting a law degree.  Then I started practicing and realized, oh–right, putting my license at risk wouldn’t benefit anyone. Instead, when friends/family need legal help you need to be extremely cautious and careful about how (and if) you help. Here are things to consider when people back home need your help, but aren’t going to be your clients:

One. Know your rules. You have to be aware of the rules your Bar has set forth for giving legal advice.  Perhaps a friend from another state has a question–you have to make sure you are clear that you’re not giving advice because you’re not licensed to practice in their state.  When we’re new and have access to this information, we often want to share (and that’s good) but you want to make sure you don’t cross any lines that will impact you negatively.  Also know the rules of your work–outside practice is often forbidden. Don’t hesitate to use those rules as a reason to not get involved in something that may bring you trouble down the road.

Two. Know your limits. At the same time, maybe you do practice in the area and state where the question arises. That doesn’t mean you’re in the clear. Make sure that when you do offer information that it’s just that–information. Be clear that you’re not advising them and then make sure you give referrals to where they can find full representation. I often get immigration questions and while I’m happy to give general info, I make sure to give the appropriate referrals (whether that’s the bar foundation or different agencies) to make sure the person isn’t solely relying on me.  This is also a total CYA move and you may think you don’t need it when dealing with friends/family, but you just don’t want to risk your license so it’s better to be safe.

Three. Help when you can. I mean, what’s the point of this power if you’re not going to help others that often never have access to good attorneys? I get that it’s much easier to have a blanket no policy because then there’s no risk that you’ll lose the license you worked incredibly hard to obtain. I get that.  But…I kind of think it’s bogus to have knowledge of a system and not share that with others. I think it’s possible to find a balance-where you’re able to provide your knowledge and expertise in situations that really are important to you and your friend/family member but also makes clear you have boundaries and limits in what you’re able to provide.
For those of you that have practiced for a while, how do you manage the requests for legal help?