Favors for Family Forum

[Anonymous User]

2L with biglaw SA this summer, so I was wondering if anyone in biglaw now could lend some insight. I havent found any answers through search on the forum.

I was wondering if while employed at a big firm, you are allowed (idk if that's the right word for the situation) to assist family members with favors in representing them. I'm not talking huge litigation. I mean small matters such as representing them in a residential house closing, assuming you know how to do so (ordering title, clearing title, etc). Again, this is assuming you'd have the time to actually attend a closing when the process culminates.

Is this permissible/has anyone done so? Thanks in advance.

[Lacepiece23]

2L with biglaw SA this summer, so I was wondering if anyone in biglaw now could lend some insight. I havent found any answers through search on the forum.

I was wondering if while employed at a big firm, you are allowed (idk if that's the right word for the situation) to assist family members with favors in representing them. I'm not talking huge litigation. I mean small matters such as representing them in a residential house closing, assuming you know how to do so (ordering title, clearing title, etc). Again, this is assuming you'd have the time to actually attend a closing when the process culminates.

Is this permissible/has anyone done so? Thanks in advance.

I'm just a first year, but the way our firm handles it is that the attorney must open a matter for every practice. Thus, you would have to open a matter within the firm, run a conflicts check, and receive permission to assist your family in this closing. My firm probably would not allow it because it would be malpractice for me to attempt this (because I have no idea what I'm doing), but maybe you have some experience in the area. I think as you get more senior you get more leeway.

I'm sure someone more senior can better answer this question though.

[20160810]

Most firms have a pretty strict no moonlighting policy because it can potentially screw up the firm's malpractice insurance to have attorneys doing work off the books, however small. Obviously giving your brother pointers on house-buying probably isn't going to be an issue, but taking on any actual representation without running it through the proper channels is almost sure to be a hard no and the kind of thing you could actually get fired for.

[ballouttacontrol]

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[Anonymous User]

I've been trying to work through this too. Really blows I can't help my dad with incorporating or help my boys get their DUIs expunged.

Having to do it under the table is dumb and is a big reason I really want to go solo.

[Anonymous User]

If you asked the firm I'm sure they wouldn't have a big issue with it. I've heard associates openly talk about something involving giving legal advice to loved ones. The entire reason moonlighting presents a big insurance issue is that the lawyer may have apparent authority to act on behalf of the firm. The closer you are to the person you're helping the less apparent authority you have to bind the firm. Your father probably knows that you're operating in your sole capacity, and doesn't think he's being represented by your firm. You'd already have a conflict of interest issue on legal matters pertaining to your father even if he was not also your client. Just ask the conflicts department, and you'd probably get the green light. Doing this under the table is dumb because you're making a non-issue into an issue by lying to the firm, and likely breaching any agreement they made you sign.

Accidental anon

[Anonymous User]

Our firm was very clear: zero outside work unless we could get it approved as pro bono (which is pretty easy for many non criminal cases)

They were especially clear about us not being the executor, on a board of a non profit, or an incorporater on the theory it would bind the firm. I would have appreciated if they had given us some prepaid legal services as compensation, but that's for HR.

On the real though, I help family complete some forms dealing with legal stuff (registering with the state, statutory wills, etc.) and give them a little tax advice when they ask (maximizing deductions, etc.) on the theory a nonlawyer could do it. However, the ABA is pretty clear that I'm still practicing law when I do so.

[kalvano]

They were especially clear about us not being the executor.

That's weird - what if a family member dies and names you the executor of the estate?

[20160810]

They were especially clear about us not being the executor.

That's weird - what if a family member dies and names you the executor of the estate?

The part about not being on the board of nonprofits struck me as weird too. Like half of the attorneys at my firm do that.

[Magic Hat]

Just open a file, bill a quarter hour to justify the file, and then write off the time at the conclusion of the representation.

That being said, only do this if you know what you are doing. Residential real estate is a malpractice nightmare.

Also doing free legal work is a terrible idea, especially for family. If you don't value your own time what makes you think others will? Expect non stop emails about sheer stupidity. If the client knows he is going to have to pay for you to listen to him rant or read a rambling email he will be less likely to send it.

[Anonymous User]

OP, here. Thanks for the feedback all. Much appreciated.

[Ohiobumpkin]

Most jurisdictions don't allow non-attorneys (e.g., law students) to practice law without supervision by a licensed attorney. Also, some jurisdictions also require separately that you get a legal intern license. Just watch out so that you aren't violating any unauthorized practice of law ethical rules.

[Anonymous User]

They were especially clear about us not being the executor.

That's weird - what if a family member dies and names you the executor of the estate?

You can always decline.

I agree it's strange, especially because there's an unusually large amount of extra protections for executors in most states. I'm more likely to commit my firm to paying my dry cleaning than to my great aunt's creditors.

[Anonymous User]

They were especially clear about us not being the executor.

That's weird - what if a family member dies and names you the executor of the estate?

The part about not being on the board of nonprofits struck me as weird too. Like half of the attorneys at my firm do that.

We have a clearance system. They claim it's because lawyers keep screwing up and providing legal services to the boards they are on/the entity and violating the ethical rules, but that seems suspect

[ballouttacontrol]

Just open a file, bill a quarter hour to justify the file, and then write off the time at the conclusion of the representation.

That being said, only do this if you know what you are doing. Residential real estate is a malpractice nightmare.

Also doing free legal work is a terrible idea, especially for family. If you don't value your own time what makes you think others will? Expect non stop emails about sheer stupidity. If the client knows he is going to have to pay for you to listen to him rant or read a rambling email he will be less likely to send it.

Some of us want to help out our family asshat. Especially when your family could never afford a lawyer on their own.

Anyone know if smaller more midlaw firms are more OK with this kind of thing? Fwiw my firm encourages bizdev from year one, though I'm not sure what kind of leeway I would have to write off my own hours or moonlight

[Anonymous User]

Just open a file, bill a quarter hour to justify the file, and then write off the time at the conclusion of the representation.

That being said, only do this if you know what you are doing. Residential real estate is a malpractice nightmare.

Also doing free legal work is a terrible idea, especially for family. If you don't value your own time what makes you think others will? Expect non stop emails about sheer stupidity. If the client knows he is going to have to pay for you to listen to him rant or read a rambling email he will be less likely to send it.

Some of us want to help out our family asshat. Especially when your family could never afford a lawyer on their own.

Anyone know if smaller more midlaw firms are more OK with this kind of thing? Fwiw my firm encourages bizdev from year one, though I'm not sure what kind of leeway I would have to write off my own hours or moonlight

Same anon as a few posts earlier:

I can't speak for all midlaw/smalllaw, but asking around it's very rare that a firm will let you go rouge due to:

1. It's pretty easy to attribute malpractice to the firm (although most partners will be nonliable

2. Conflicts need to be screened/managed. You don't want to be adverse to a bank, real estate company, or c litigious community member if you can help it.

3. The pro bono don't count for Pro. Responsibility purposes.

4. Small favors almost always grow and traditionally lawyers owe the firm an exclusive monopoly of their legal work.

Organized pro bono through legal services normally address all the above through special insurance or dispensation from the courts

It's a shame though.

[Devlin]

Just open a file, bill a quarter hour to justify the file, and then write off the time at the conclusion of the representation.

That being said, only do this if you know what you are doing. Residential real estate is a malpractice nightmare.

Also doing free legal work is a terrible idea, especially for family. If you don't value your own time what makes you think others will? Expect non stop emails about sheer stupidity. If the client knows he is going to have to pay for you to listen to him rant or read a rambling email he will be less likely to send it.

lol