BarbriSFCourseDetails

Course Details

This CLE webinar will guide new lawyers through the risks that arise and the strategies to use when a family member or friend asks for legal advice. The panel will address how to handle such requests and connect the family member or friend with the resources they need.

Faculty

Description

At some point, nearly every new lawyer will be approached by a family member, friend, or acquaintance for legal advice. While you may be tempted to make good use of your hard-earned legal knowledge by dispensing some informal advice, it could be risky for you, your firm, and your family and friends.

If not handled properly, even a casual conversation with a friend or family member could lead to unintended consequences, such as the inadvertent formation of an attorney-client relationship. But if you have a strategy prepared for these situations, you can steer clear of such consequences.

Listen as our expert panel discusses the risks of offering informal legal advice and the requirements under the ABA Model Rules of Professional Conduct. Our expert panel will also offer practical guidance on how to handle these requests effectively while protecting the interests of those involved.

Outline

  1. Introduction
  2. Potential risks of giving informal legal advice to friends and family
    • Inadvertent formation of attorney-client relationship
    • Bad advice, partial advice, and educated guesses
      • Model Rule 1.1 of ABA Model Rules of Professional Conduct: competence
    • Conflicts and disqualification
    • Confidentiality issues
      • Model Rule 1.6: keeping clients' confidences
      • Model Rule 1.18: keeping prospective clients' confidences
    • Unauthorized practice of law
      • Model Rule 5.5: unauthorized practice of law in a jurisdiction where the lawyer is not licensed
    • Malpractice
  3. How to steer clear of the risks--and how to respond to requests for advice

Benefits

The panel will review these and other important issues:

  • What are the key risks and ethical concerns that arise when friends and family request legal advice?
  • What rules of professional conduct apply to informal requests for legal advice?
  • How can lawyers minimize risks to themselves, their firms, and their friends and family when approached for legal advice?
  • How should lawyers respond when friends or family ask for legal advice?