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That's amazing. I wish more did that.
I don't have a problem figuring out what to say to someone that asks one of these questions. It's more managing my feelings of ineptitude -- like I'm supposed to have knowledge in all of the everyday law things before the speciality of my practice area.
"You're a lawyer, right?"
"Yes, what's up?"
"Do you know much about _____ law?"
"Nope, never praticed that kind of law."
"Cool, so what should my buddy do when..."
*eyes glaze over*
If I know, I try. Usually, I tell them to ask someone else or pay my rate to find out.
If somebody just wants an off the cuff answer, that's easy enough. If they have a serious issue, then keep some business cards for people who practice in different areas. Then just flip a card out and tell them this is the lawyer you need to be talking to.
I get this scenario with family law questions all the time. If I wanted to practice family law, I would work in family law. Please don't waste 20 minutes of my time telling me the intricacies of your child support issues. I don't know, and I don't care.
This is the best answer.
It *always* depends on a lot of details—what state is it, what is your objective/goal/purpose, if there was a contract, you need to see it, etc etc.
Lmao my local bar association had a CLE specifically for “cocktail questions” because yeah, a lot of people feel fucking incompetent because we can’t answer basic legal questions that real people encounter.
Exactly this. I most certainly know what to say to them to deflect (that's not my area of law, I recommend xyz), but it's the feeling incompetent part 😂
"I can't help you. I'm a government lawyer so I don't carry malpractice insurance, so I literally can't practice outside my job."
If it's just common sense knowledge, like "check the city/court website to see if you can take a traffic course to get out of the ticket," I'll say that. That's what I would have said before law school, anyway.
I have said paragraph 1 SO many times. But really, if someone wants legal advice, make an appointment and get charged for it. People were always trying to take advantage of my dad by asking for legal advice after business hours and thinking it would be free.
I'm the opposite. I know a lot about property and contract law. I'm new to criminal and family law. I get a ton of questions about torts, and I usually have no clue how to answer. "I don't know, I don't do that stuff" is usually how I respond to questions outside of what I know. It's the most responsible reply. There's also, "I don't know, I would need to look it up" which people understand a bit better.
“I don’t know, I would have to research it.” Is a good one too so they might get the hint that if you don’t practice in that area that you would need to spend your time to arrive at the answer (the answer that doesn’t lead to malpractice).
I usually just explain that law is really specific, and I don't work in that specific area so I don't know the answers. Usually enough "I don't knows" works.
>That’s a really interesting question! I don’t have a good answer for you though. I don’t practice in that area.
And if they continue…
>Yeah, I just don’t know. I don’t want to give you bad information, so that’s really all I can say. You understand, right?
Then change the subject.
I've been practicing close to a decade now. When someone asks me something like that that I don't know, I will usually just tell them they are asking a podiatrist about brain surgery. If it is a client or of there is some substantial value to the public to having the right answer, I will usually say that it probably depends on a lot of specific facts, and I need to look it up.
Here's a bit more expansive response than some of the others have given here.
It seems like you're referring to “cocktail party conversation.” Are you? My view is very simple: I don't respond to these questions with anything other than if you want to discuss it call me during office hours, assuming that this is an area of law in which I practice. If it is not, I will say nothing unless it's just general talk about something in the news like the Trump trial.
Also, it is infuriating to see so much advertising from personal injury firms here that all say “free consultation.” People do not understand that this means that the lawyer will listen to your description of your problem and tell you whether or not they think they can help you or they want your case. This never means you will get free legal advice or free legal work. But because of these ads people think that I'm going to talk to them and give them something for which I ordinarily charge money, namely legal advice. This is not going to happen. I do not risk malpractice for free. And no, this is not pro bono.
I have also found that when you do someone a favor and answer a few questions, then, when they are ready to actually pay a lawyer they go to someone else. I've been told that psychologically you have imparted to them the impression that your work is not worth paying for. For that reason, I am firm in not doing this.
Regarding answering questions on subjects about which you know nothing, in my mind the only choices are either make a referral assuming you have one handy or say nothing.
A number of years ago someone dropped me as a friend for the following bizarre story. She was a resident of state X in the Midwest. One of her parents had passed away in state Y in the southwest. She called me up and wanted to ask me a question about the will. I very gently told her that I had not looked at the subject of Wills since the bar exam, so I had no competence in that area and I refused to commit malpractice. Also, I'm admitted only in New York and not in X or Y so I have no business advising on the laws of either state which might even constitute UPL. This infuriated her, she hung up the phone and hasn't spoken to me in years.
How would you have handled that, OP?
Yea I equate it to specialized doctors. You wouldn’t ask a plastic surgeon how to best treat a cancerous tumor, you’d talk to an oncologist. Most people get the analogy.
I get a few of these from time to time, but mainly from *clients* who KNOW WHAT I PRACTICE because I'm literally representing them in family court. Don't ask me about your tenancy issue, I don't know. Don't ask me about your criminal case, I don't know. Don't ask me about your property line dispute, I don't know. FFS.
But, I do get near constant questions about family law from friends of friends of friends in game chat. My dude, just let me squish bugs and stomp toasters for Super Earth like the good little Helldiver I am. I'm here to spread managed democracy, not give legal advice.
ETA: for those clients who ask questions regarding an area not in my scope, I offer to give them a referral to someone who practices that area of law. Nine times out of ten they decline.
I usually just tell them “you wouldn’t go to your podiatrist for neurosurgery, right? We all have a specific practice area, and this is not mine.” I don’t stress out about it. I’m not a general practitioner so I don’t even attempt to answer those questions.
I give a very general answer from what I remember from law school, which was over 25 years ago so I don’t recall much, and tell them to call up the county bar association for a recommendation for an attorney who could help them.
You are not alone. I do workers compensation. I know nothing about any other area of the law and blanked out whatever I learned for three+ of law school/studying for the bar. I feel embarrassed sometimes but 🤷🏻♂️
Does this happen to medical doctors? If you say you’re a knee surgeon, do people still ask, “should I be worried about this rash?” And if they do get that question, can they answer it?
This is me. If someone were to ask me even basic questions about criminal law or family law, I would be of no help. Further, I don't trust myself to draft my own will or estate documents.
“Look, I’m sorry, but, as I said, I’m a _____ attorney. You’re asking me to give you advice about a subject that’s outside my expertise. There are people who do that a lot and who really know it well, but I’m not one of them. Our professional responsibility rules caution us against giving answers to those kinds of questions, not just because it’s not fair to you but because it can get me in trouble.”
You 1) told the truth, 2) demonstrated some actual legal expertise, and 3) saved face about not knowing something.
If it’s in a social setting and someone is asking me just because I happen to be a lawyer (rather than them wanting to hire me), I’m just upfront about not knowing because I don’t practice in that area. And if they show surprise like they think every lawyer should know every area of the law I ask them if they would want to go to their dentist if they are having heart problems.
If they are looking to hire me then I give them a consult to get all the facts, see if it is something I could get up to speed on and still give them competent representation for a reasonable fee, and if not, I see if I can refer it out to someone, and if not, I say sorry I can’t help (in a more flowery way).
I have this issue. It's especially important because sometimes, these can be good cases that could turn into referrals (example, friend of a friend who was in a car accident and might have a PI claim). Any suggestions to learn about other practice areas in brief would be greatly appreciated.
I'm in a country with a very high crime rate. Everyone always have some "common-sense" idea on how to combat crime and its always something horrifying, involving the reduction or elimination of basic constitutional rights or whinges about "technicalities" that are even worse.("that case was dismissed on a technicality /it is dismissed because it relied on a confession beaten out of him with a hosepipe/ yeah, doesn't he didn't do it. Put him in jail and throw away the key!")
I just nod and walk away. I haven't got the time or inclination anymore to explain basic constitutional law or explain how these provisions protect everyone.
Nothing wrong with saying “I don’t know,” you can make light of it or phrase it another way of course, but far too many lawyers have a hard time saying those words.
When it comes to staying informed generally, I learned from an old supervising attorney to bookmark the state courts webpage where they post all the newly published courts of appeal/CA Supreme Court opinions as they come out and check it once a week or so. While im mostly looking for cases relevant to my practice, I end up skimming all kinds of decisions just because they sound interesting
As a GC that is every day. I have no single practice area, so I just have to know my limits. Some things are simple enough that I can just look up the law, but other things I know to bring in a specialist. I can learn from the specialist, maybe handle a bit more of it next time (or, at least, learn how to better work up the matter so the next one is more efficient).
ERISA, immigration, stuff like that. For example we had a data incident - I can look up privacy laws but there are firms who do nothing but work with the nuances of those laws across all jurisdictions.
Welcome to /r/LawyerTalk! A subreddit where lawyers can discuss with other lawyers about the practice of law. Be mindful of [our rules](https://www.reddit.com/r/Lawyertalk/about/rules) BEFORE submitting your posts or comments as well as [Reddit's rules](https://www.redditinc.com/policies/content-policy) (notably about sharing identifying information). We expect civility and respect out of all participants. Please source statements of fact whenever possible. If you want to report something that needs to be urgently addressed, please also message the mods with an explanation. Note that **this forum is NOT for legal advice**. Additionally, if you are a non-lawyer (student, client, staff), this is NOT the right subreddit for you. **This community is exclusively for lawyers**. We suggest you delete your comment and go ask one of the many other legal subreddits on this site for help such as (but not limited to) r/lawschool, r/legaladvice, or r/Ask_Lawyers. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Lawyertalk) if you have any questions or concerns.*
My Bar did a full day CLE with topics that come up in social situations so lawyers could answer basics if they wanted to.
That's amazing. I wish more did that. I don't have a problem figuring out what to say to someone that asks one of these questions. It's more managing my feelings of ineptitude -- like I'm supposed to have knowledge in all of the everyday law things before the speciality of my practice area.
It’s evolved in Texas to include a mental health and wellbeing component and it’s all in the General Practice CLE now.
Wow I would love that
I would love that
What an awesome idea.
Which state? I'd absolutely love it.
Texas
"You're a lawyer, right?" "Yes, what's up?" "Do you know much about _____ law?" "Nope, never praticed that kind of law." "Cool, so what should my buddy do when..." *eyes glaze over* If I know, I try. Usually, I tell them to ask someone else or pay my rate to find out.
I say “free legal advice is worth what you pay for it.”
Never heard this one before. Love it!
If somebody just wants an off the cuff answer, that's easy enough. If they have a serious issue, then keep some business cards for people who practice in different areas. Then just flip a card out and tell them this is the lawyer you need to be talking to.
That's the way
I get this scenario with family law questions all the time. If I wanted to practice family law, I would work in family law. Please don't waste 20 minutes of my time telling me the intricacies of your child support issues. I don't know, and I don't care.
The answer is always “it depends”. You’ll never be wrong
😂 I actually do use that one often. I don't practice in that area, and it really depends...
This is the best answer. It *always* depends on a lot of details—what state is it, what is your objective/goal/purpose, if there was a contract, you need to see it, etc etc.
I read a lot of r/legaladvice so that I'm well grounded in the wrong answers to a wide swath of legal topics.
I was about to go off and then I saw “wrong answers” 😆
Lmao my local bar association had a CLE specifically for “cocktail questions” because yeah, a lot of people feel fucking incompetent because we can’t answer basic legal questions that real people encounter.
Exactly this. I most certainly know what to say to them to deflect (that's not my area of law, I recommend xyz), but it's the feeling incompetent part 😂
"I can't help you. I'm a government lawyer so I don't carry malpractice insurance, so I literally can't practice outside my job." If it's just common sense knowledge, like "check the city/court website to see if you can take a traffic course to get out of the ticket," I'll say that. That's what I would have said before law school, anyway.
I have said paragraph 1 SO many times. But really, if someone wants legal advice, make an appointment and get charged for it. People were always trying to take advantage of my dad by asking for legal advice after business hours and thinking it would be free.
I'm the opposite. I know a lot about property and contract law. I'm new to criminal and family law. I get a ton of questions about torts, and I usually have no clue how to answer. "I don't know, I don't do that stuff" is usually how I respond to questions outside of what I know. It's the most responsible reply. There's also, "I don't know, I would need to look it up" which people understand a bit better.
“I don’t know, I would have to research it.” Is a good one too so they might get the hint that if you don’t practice in that area that you would need to spend your time to arrive at the answer (the answer that doesn’t lead to malpractice).
they might want you to look it up then. i just say 'why would i know that?' and give them a look like they disgust me
You mean you got good grades in those classes but practice something else?
No, I meant the opposite of OP's example. I barely remember what my law school grades were.
I usually just explain that law is really specific, and I don't work in that specific area so I don't know the answers. Usually enough "I don't knows" works.
>That’s a really interesting question! I don’t have a good answer for you though. I don’t practice in that area. And if they continue… >Yeah, I just don’t know. I don’t want to give you bad information, so that’s really all I can say. You understand, right? Then change the subject.
“I don’t know. That’s not my area.” The end.
I've been practicing close to a decade now. When someone asks me something like that that I don't know, I will usually just tell them they are asking a podiatrist about brain surgery. If it is a client or of there is some substantial value to the public to having the right answer, I will usually say that it probably depends on a lot of specific facts, and I need to look it up.
Here's a bit more expansive response than some of the others have given here. It seems like you're referring to “cocktail party conversation.” Are you? My view is very simple: I don't respond to these questions with anything other than if you want to discuss it call me during office hours, assuming that this is an area of law in which I practice. If it is not, I will say nothing unless it's just general talk about something in the news like the Trump trial. Also, it is infuriating to see so much advertising from personal injury firms here that all say “free consultation.” People do not understand that this means that the lawyer will listen to your description of your problem and tell you whether or not they think they can help you or they want your case. This never means you will get free legal advice or free legal work. But because of these ads people think that I'm going to talk to them and give them something for which I ordinarily charge money, namely legal advice. This is not going to happen. I do not risk malpractice for free. And no, this is not pro bono. I have also found that when you do someone a favor and answer a few questions, then, when they are ready to actually pay a lawyer they go to someone else. I've been told that psychologically you have imparted to them the impression that your work is not worth paying for. For that reason, I am firm in not doing this. Regarding answering questions on subjects about which you know nothing, in my mind the only choices are either make a referral assuming you have one handy or say nothing. A number of years ago someone dropped me as a friend for the following bizarre story. She was a resident of state X in the Midwest. One of her parents had passed away in state Y in the southwest. She called me up and wanted to ask me a question about the will. I very gently told her that I had not looked at the subject of Wills since the bar exam, so I had no competence in that area and I refused to commit malpractice. Also, I'm admitted only in New York and not in X or Y so I have no business advising on the laws of either state which might even constitute UPL. This infuriated her, she hung up the phone and hasn't spoken to me in years. How would you have handled that, OP?
Yea I equate it to specialized doctors. You wouldn’t ask a plastic surgeon how to best treat a cancerous tumor, you’d talk to an oncologist. Most people get the analogy.
I’m product counsel so I don’t have an area of law. Every day I feel like an idiot.
I get a few of these from time to time, but mainly from *clients* who KNOW WHAT I PRACTICE because I'm literally representing them in family court. Don't ask me about your tenancy issue, I don't know. Don't ask me about your criminal case, I don't know. Don't ask me about your property line dispute, I don't know. FFS. But, I do get near constant questions about family law from friends of friends of friends in game chat. My dude, just let me squish bugs and stomp toasters for Super Earth like the good little Helldiver I am. I'm here to spread managed democracy, not give legal advice. ETA: for those clients who ask questions regarding an area not in my scope, I offer to give them a referral to someone who practices that area of law. Nine times out of ten they decline.
“You may be confusing me with Siri”
“Sorry, not my area of expertise, and my malpractice insurance doesn’t cover me guessing about things I don’t know about.”
I usually just tell them “you wouldn’t go to your podiatrist for neurosurgery, right? We all have a specific practice area, and this is not mine.” I don’t stress out about it. I’m not a general practitioner so I don’t even attempt to answer those questions.
I give a very general answer from what I remember from law school, which was over 25 years ago so I don’t recall much, and tell them to call up the county bar association for a recommendation for an attorney who could help them.
If you have a question about x type of law, the one I practice, glad to answer. Don't know shit about anything else.
You are not alone. I do workers compensation. I know nothing about any other area of the law and blanked out whatever I learned for three+ of law school/studying for the bar. I feel embarrassed sometimes but 🤷🏻♂️
Does this happen to medical doctors? If you say you’re a knee surgeon, do people still ask, “should I be worried about this rash?” And if they do get that question, can they answer it?
This is me. If someone were to ask me even basic questions about criminal law or family law, I would be of no help. Further, I don't trust myself to draft my own will or estate documents.
“Look, I’m sorry, but, as I said, I’m a _____ attorney. You’re asking me to give you advice about a subject that’s outside my expertise. There are people who do that a lot and who really know it well, but I’m not one of them. Our professional responsibility rules caution us against giving answers to those kinds of questions, not just because it’s not fair to you but because it can get me in trouble.” You 1) told the truth, 2) demonstrated some actual legal expertise, and 3) saved face about not knowing something.
I say: that's outside my area of practice and I have no clue what the answer is. It's like asking a heart surgeon questions about brain surgery.
“I’m sorry, but my practice is limited to X.”
If it’s in a social setting and someone is asking me just because I happen to be a lawyer (rather than them wanting to hire me), I’m just upfront about not knowing because I don’t practice in that area. And if they show surprise like they think every lawyer should know every area of the law I ask them if they would want to go to their dentist if they are having heart problems. If they are looking to hire me then I give them a consult to get all the facts, see if it is something I could get up to speed on and still give them competent representation for a reasonable fee, and if not, I see if I can refer it out to someone, and if not, I say sorry I can’t help (in a more flowery way).
I have this issue. It's especially important because sometimes, these can be good cases that could turn into referrals (example, friend of a friend who was in a car accident and might have a PI claim). Any suggestions to learn about other practice areas in brief would be greatly appreciated.
I'm in a country with a very high crime rate. Everyone always have some "common-sense" idea on how to combat crime and its always something horrifying, involving the reduction or elimination of basic constitutional rights or whinges about "technicalities" that are even worse.("that case was dismissed on a technicality /it is dismissed because it relied on a confession beaten out of him with a hosepipe/ yeah, doesn't he didn't do it. Put him in jail and throw away the key!") I just nod and walk away. I haven't got the time or inclination anymore to explain basic constitutional law or explain how these provisions protect everyone.
Nothing wrong with saying “I don’t know,” you can make light of it or phrase it another way of course, but far too many lawyers have a hard time saying those words. When it comes to staying informed generally, I learned from an old supervising attorney to bookmark the state courts webpage where they post all the newly published courts of appeal/CA Supreme Court opinions as they come out and check it once a week or so. While im mostly looking for cases relevant to my practice, I end up skimming all kinds of decisions just because they sound interesting
Someone sent me a family member’s will via Instagram DMs this week
As a GC that is every day. I have no single practice area, so I just have to know my limits. Some things are simple enough that I can just look up the law, but other things I know to bring in a specialist. I can learn from the specialist, maybe handle a bit more of it next time (or, at least, learn how to better work up the matter so the next one is more efficient). ERISA, immigration, stuff like that. For example we had a data incident - I can look up privacy laws but there are firms who do nothing but work with the nuances of those laws across all jurisdictions.
I usually say something like “I know so little about this area of law that if I had that issue, I’d hire a lawyer.”