Why Can't Lawyers Give Legal Advice?

Edited by Hannah Locklear

You ask a lawyer friend of yours if you are likely to win your case, and they say, “yes and no,” and quickly change the subject. Why won't they answer with a yes or a no? You can’t help but wonder why attorneys can be so stingy with legal advice.

It turns out lawyers have some excellent reasons for acting the way they do. And while most of the reasons protect their practice, they are also watching out for you. They do not want you to lose your case because they gave legal advice that was wrong for your particular case.

Why don't lawyers give legal advice?

Let us look at the reasons behind lawyers' hesitation to give legal advice to non-clients.

Lawyers do not have all the information about your case

Lawyers have learned from experience that free advice solicitors never give full details about the scenario for which they want advice. It's human to "forget" some points, especially the ones that don’t favor them. Some intentionally relate only parts of the story that support their arguments.

It would be unwise for a lawyer to give wrong advice unwittingly. So they don't.

Additionally, only your lawyer, who has access to the documents with the fine print, can have the complete picture.

Imagine the following scenario.

Is Antoine's friend being unfair? Not if you consider the lawyer’s reasons for acting as she did. And even if she knew Antoine's situation well enough, she would need to read and research the applicable laws. She is not a walking encyclopedia.

Related: When you don't need a lawyer to win a debt collection lawsuit.

Lawyers are avoiding the trap of the client-attorney relationship

Lawyers are wary of developing an attorney-client relationship with people they do not officially represent. Once the relationship starts, the law requires them to help the “client” and binds them with a series of regulations of dos and don'ts. Attorneys must also answer to the American Bar Association (ABA) and can be reprimanded or even disbarred if they cross an ethical line with legal advice.

Lawyers could be liable for damages

People who have not studied law tend to trust every word an attorney speaks. However, the law protects you if you trust them, whether they paid for the advice or not. If you can prove that a lawyer misguided you, they may be liable for the damages their advice caused you. It can also be highly damaging to their reputation. It sometimes happens with paying clients. That is why lawyers have insurance.

Imagine paying for damages to someone who has not paid you a dime! It is no wonder lawyers do not give free legal advice. Even their websites are filled with disclaimers to help you distinguish legal information from legal advice.

How about paying lawyers for advice?

Lawyers' investments do not include a lot of physical capital. Aside from renting an office and buying and maintaining computers and desks, the rest is knowledge. So lawyers don't give legal advice because they want you to pay for the education and experience they spent time and money gathering. Not to mention they need to pay rent and staff salaries.

The conflict of interests factor

It is against the law for a lawyer to give advice that conflicts with their client's interests. So sometimes, they refrain from advising you because they do not know all the parties in the case. Their client could be your opponent. They may need time to determine that they are not representing conflicting interests.

Next time you meet a lawyer hesitant to give legal advice, remember that they do not want to harm their reputation by misleading you. They are also just trying to make a living, so they prefer paying clients.

You don’t need a lawyer to win your debt collection lawsuit

If you’ve been sued for a debt, you might be stressed about finding an attorney to represent you in the case. With SoloSuit, you can represent yourself and avoid the anxiety—and costs—of finding a lawyer.

The first and most important thing to do when you’re sued is respond to the lawsuit with a written Answer document. If you don’t respond within your state’s deadline, the court will probably grant a default judgment against you. This means you lost automatically, and the debt collector or creditor can garnish your wages and seize your property.

Follow these steps to respond to your debt lawsuit:

1. Respond to each claim listed in the Complaint.
2. Assert your affirmative defenses.
3. File your Answer in the court, and send a copy to the opposing attorney.

Learn more about these three steps in this video:

SoloSuit can help you draft and file an Answer in all 50 states on your own. You also have the option to upgrade and have a licensed attorney review your documents before you file. It’s the best of both worlds: you represent yourself, but you also get feedback from an attorney to help you feel more confident about moving forward.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here's a list of guides for other states.

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