10 Things a Lawyer Should Never Say in a Social Setting - Cocktail Party Chatter
Many lawyers have a tendency to brag about their work over cocktails with just about anybody who cares to listen. It is a combination of ego and selling. Recently, I was a faculty panel member at a PA Bar Institute program entitled "Cocktail Party Chatter" in which we discussed a number of ethical considerations all lawyers should be aware of in social settings. Lawyers may not realize that they are giving legal advice and creating an attorney-client relationship. As a result, the lawyer may become liable for his loose lips.
Below are the top-10 highlights of the program, moderated by my colleague Chris Fallon, Esq.:
THE TOP 10 THINGS LAWYERS SHOULD NEVER SAY AT A SOCIAL EVENT
1. Remember that in social settings, many people may ask for your opinion and advice on a legal matter. Be careful not to be so free with your professional advice because the consequences of establishing an attorney/client relationship where you had no such intention may likely fall upon you and not the client.
2. Never provide a casual acquaintance at a cocktail party or other social event with free legal advice unless you are sure that you want to enter an attorney-client relationship.
3. Be careful not to disclose confidential information learned from a would be client at a social setting.
4. Never give confidential legal advice in the presence of strangers.
5. Be careful to avoid representation of someone without clearing conflicts --- it is impossible to check for a conflict at a cocktail party!
6. Never misstate your qualifications, experience or expertise or hold yourself out to prospective clients as an “expert” in a particular area of the practice of law unless specifically permitted under the Rules of Professional Conduct.
7. Never guarantee success nor exaggerate your ability to win a case.
8. Never state to the person with whom you are speaking that you know the Judge or a government agent implying a relationship which will somehow help you in a potential matter.
9. Gossip at a cocktail party is never beneficial and it could expose a client confidence.
10. Refrain from making statements about a defendant or its product which, if spoken in court, are privileged, but when spoken outside the protected litigation forum are no longer privileged and may be defamatory.
Remember, you are always a member of the Bar when you are at a bar.
Comments (15)
Read through and enter the discussion by using the form at the endMarsha Hunter - June 6, 2011 10:43 AM
Useful hors d'oeurves for thought, thanks Hayes and the panel. The combination of alcohol and any social unease loosens lips and gives us the urge to talk. Were there suggestions of how to avoid these blunders? Making cocktail parties a place to practice asking open-ended questions, perhaps? If only alcohol inspired us to listen instead!
Daniel Schwartz - June 6, 2011 12:14 PM
Good tips. I'd add one more: Politely say that you'd be happy to get in touch with that person on Monday morning when you get back at the office so you can give them more time and speak "in private". That way, you're being respectful without violating some of the other principles you've outlined above.
Steven Coronado - June 7, 2011 11:26 AM
Excellent common sense reminders.
Victor Ruoyu Zhang - June 8, 2011 8:34 AM
Many thanks. Honestly I just made some mistakes, which really should be avoided. I really benefit from your tips.
David Douds - June 9, 2011 9:50 AM
I had a friend that gave some "free" advice at a party. The recipient sued him when the advice didn't turn out in the plaintiff's favor. Good lesson for us all.
James Morris - June 9, 2011 9:52 AM
I have forwarded this article to the lawyers in my firm. The suggestion that you keep confidential anything that is said to you because you are a lawyer is critical. Even if you do not think there is an attorney client relationship the person confiding in you may think there is.
Joseph Ferry - June 10, 2011 8:45 AM
One thing I never say at a cocktail party: "I'm a lawyer."
Jaimie - June 10, 2011 8:58 AM
This is great! And incredibly timely for me - I am presenting an ethics course on the Ethical Considerations of Networking next week and I touch on all of these points (and a few more). Thanks for posting Hayes.
Steven Coronado - June 15, 2011 10:38 AM
Excellent common sense reminders.
Steven Mindel - June 16, 2011 8:27 AM
This is a great article. Every family law lawyer should read this yearly. Quick and easy to understand. Good job.
James Moeller - June 16, 2011 2:08 PM
Great comments. Alcohol and legal advice should never be mixed.
"Jae" I. Nwawe Esq. - July 11, 2011 9:09 AM
I love this article. I tweeted it on Twitter. My Twitterid is djworklife. Chau!
Salvador - July 14, 2011 5:44 PM
Max Goldman,a former partner, always warned those who asked him for legal advice at a cocktail party,"Remember that the value of my advice will be equal to what you paid for it." He then chortled and moved to another group. If the person insisted, he would say "if you want real advice, make an appointment and come to my office."
Kevin Skousen-Maloney - July 24, 2011 6:45 PM
20 minutes at a party, can destroy 20 years of hard work.
Adolfo Márquez - November 21, 2011 11:06 AM
very interesting article. the lawyers in venezuela are too cocky and they always talk about their big clients and their big pay, specialy the number 8 on the list!.
from my point of view, it´s hard for the old lawyer, change that way to think but for us, the young ones, is posible. will be hard, but posible.