Legal advice is the information and guidance that lawyers can provide to help their clients solve their legal problems. Legal advice can include everything from explaining the law to completing forms or drafting legal documents.
Many states have laws prohibiting nonlawyer court staff from offering legal advice. However, construing these laws to exclude relaying basic logistical information is unnecessarily broad and undercuts self-represented litigants’ attempts to educate themselves.
Legal Information
In some situations, an individual may need legal information, such as a list of available options for handling a case. This kind of information is often provided by a non-lawyer or can be found on the Internet.
Legal information is generally factual and does not involve providing legal judgment or recommending a specific course of action. This distinction is important because it is illegal for anyone other than a licensed attorney to provide legal advice. Anyone providing legal advice without being a lawyer can be committing an offense and risking significant personal liability (for which no insurance is likely to be available).
Many individuals have questions about the difference between legal information and legal advice, especially when it comes to legal aid clinics or other non-profit organizations that provide legal services. The American Bar Association’s ethical rules prohibit non-attorneys from practicing law or offering legal advice, so it is not uncommon for a volunteer in such an organization to tell an individual that they can only provide them with legal information and not advice.
The video below explains why the distinction between legal information and legal advice is important. It also discusses new challenges to the prevailing understanding of this dichotomy and provides recommendations for addressing them. The video is available in multiple languages, and closed captioning is available.
Legal Advice
Legal advice is a specific type of insight and analysis that can be provided by legal professionals. This advice is intended to help a client understand and evaluate a potential legal matter and how it may be resolved. This type of insight can be used to assist clients in making strategic business decisions and avoid legal liability or other negative consequences.
It is important to distinguish legal advice from general information and not confuse it with a discussion of a legal matter that is not being handled by the attorney. The distinction is important because a client can lose the protections of legal advice privilege by sharing privileged information with third parties or by discussing a pending matter with others who are not legally authorized to do so.
To be considered legal advice, a communication must be made for the dominant purpose of seeking or providing legal advice and must be about a legal right, liability, obligation, remedy, or defense. This is different from the “information privilege” discussed above, which covers confidential communications that are not about legal matters but instead about an issue or problem in a non-legal context such as financial, operational, or strategic concerns.
It is also important to note that it is not possible for anyone, even a lawyer, to provide legal advice without being properly licensed in the jurisdictions where they operate. This is because the practice of law is a highly regulated field that requires both a license and a duty of care to clients.
Attorney-Client Relationships
The attorney-client relationship is the foundation that supports a robust legal representation system. Full trust between attorney and client ensures that clients will share all the facts and details of their cases and allow attorneys to provide the best advice possible. It also helps keep communication channels open, which can save a lot of time and headaches down the road.
When a potential client approaches you at a party or social event, they are not necessarily your client, even if they reasonably believe that the lawyer-client relationship exists. For example, if Sally Smith discloses highly confidential information to Jones about her tax issues and asks for his legal opinion, the law considers the conversation privileged. This can create conflicts of interest for the lawyer, or in some cases lead to malpractice claims.
Establishing and maintaining a solid attorney-client relationship requires effective communication and transparency, especially when the law doesn’t go your client’s way. For instance, you should set clear communication protocols at the beginning of a case and stick to them throughout. This can include determining preferred methods of communication (e.g. text, email, phone calls, in-person meetings), how often you’ll update clients, and what happens if you can’t answer a question right away.
Additionally, listening to your clients is critical. When you empathize with their concerns and give them a sense that they are more than just another file in the cabinet, you can build a stronger attorney-client relationship.
Fees
Fees are a crucial component of the attorney-client relationship, and understanding the different types of fees (retainers, hourly rates, flat fees, contingency fees) is essential for clients. It also empowers them to make informed decisions that align with their unique legal needs and financial considerations, fostering strong attorney-client partnerships.
When choosing a retainer, a client provides their lawyer with a set amount of money upfront to start working on their case. This can be a great option for cases that are fairly straightforward and predictable, such as drafting simple contracts or uncontested divorces. However, if the matter is more complex and requires more research and analysis, you may need to charge additional time.
Hourly rates are the most common way to bill for legal services. However, focusing on hourly rates can detract from the overall client experience. Instead, consider a value-first model, where you prioritize delivering exceptional value for clients, which results in happier clients, more referrals, and more new business.
You can further enhance the client experience by providing detailed information on what is included in your legal fees and providing an all-in cost upfront. Additionally, you can implement a transparency policy by regularly checking in with your clients to make sure they’re aware of any upcoming expenses. This prevents surprise bills and reduces conflict over billing.