Thursday, June 16, 2011

Why are lawyers so bad at talking shop?

Yes, even Denver criminal defense lawyers like to socialize occasionally. At a party, it seems like everybody wants to be a lawyer's friend, until they find out the lawyer can't really give them any advice. All we can do is talk in general, wide-open platitudes. Why is that?

The attorney-client relationship is a powerful thing. Once a lawyer enters into that relationship, he has a duty to make sure he does everything he can to get the best outcome for the client. There is no such thing as "taking a quick look at the case" and helping you out, like a mechanic can. The quick look can give rise to ethical issues and also be the basis for malpractice.

Worse for the lawyer, he does not even necessarily control when an attorney-client relationship arises. What the courts look at in determining whether there is an attorney-client relationship is the client's expectation that the lawyer was giving him legal advice, and had established such a relationship. There is a famous (or infamous) case where an attorney was having drinks with a woman, gave a few words of legal advice before they engaged in intercourse. That was determined to be an ethical violation -- the few words of legal advice made her his client, and having sex with your client violates the rules of ethics.

As such, lawyers need to be cautious about helping others with legal issues in a casual situation. It can give rise to some pretty sticky ethical dilemmas. Next time you meet a Denver criminal defense lawyer at a party, ask about courtroom war stories, grey suits, or bad music. We're happy to talk about that. Unfortunately it's not our fault we can't help you with your legal issues on the spot. Call us in the morning. We can talk in an office, for a fee.

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