{"id":423,"date":"2021-04-15T11:54:49","date_gmt":"2021-04-15T15:54:49","guid":{"rendered":"https:\/\/www.debousquet.com\/blog\/?p=423"},"modified":"2022-03-03T09:55:45","modified_gmt":"2022-03-03T14:55:45","slug":"what-is-legal-advice-and-is-an-elephant-a-tree-a-snake-or-a-spear","status":"publish","type":"post","link":"https:\/\/www.debousquet.com\/blog\/2021\/04\/15\/what-is-legal-advice-and-is-an-elephant-a-tree-a-snake-or-a-spear\/","title":{"rendered":"What is Legal Advice, and is an Elephant a Tree, a Snake or a Spear?"},"content":{"rendered":"

When people call our firm, they will have something particular on their minds. Usually, it is a recent termination or other workplace issues. Why else call a law firm in Hamilton<\/a>, Ontario? We are not known for our 5-star meals or wide array of garden furniture.\u00a0<\/span><\/p>\n

Many people will look at their situation and narrow what they want to know down to a single question. Often that question is, \u201cIs my termination package fair?\u201d It will then be understandably frustrating when a lawyer will not answer that simple question, which the caller feels has a one-word answer. Why can\u2019t a lawyer simply answer if they will spend the next fifteen minutes asking all sorts of questions anyway? Wouldn\u2019t it be easier to spend five seconds answering then move on with the day?<\/span><\/p>\n

There are two reasons this is a critical misconception.\u00a0<\/span><\/p>\n

The first is due to the Rules of Professional Conduct. Lawyers have extensive duties to the profession, the Justice system, to their clients and to the public at large. Lawyers have laws about being a lawyer, and violating those can mean being sued for negligence and losing the ability to practice law.\u00a0<\/span><\/p>\n

Rule 1.1-1 defines the \u2018Client\u2019 as anyone who has retained the lawyer, but also anyone who \u201creasonably concludes that the lawyer has agreed to render legal services on their behalf.\u201d If you call a lawyer and ask a legal question, and they answer, that is a legal service<\/a> rendered on behalf of you.\u00a0<\/span><\/p>\n

At this point in a phone call, the lawyer will only know the information the caller has given them and will have no way of verifying any of it. This is a problem as the Law Society of Ontario has strict by-laws about identifying clients and verifying their identity.\u00a0<\/span><\/p>\n

Many rules rely on this identity verification step, such as those about conflict of interest and duties of fair representation. The Rules are so important that the Law Society puts them on both Bar Exams.<\/span><\/p>\n

The Lawyer is not just answering a simple question; they are entering into a lawyer-client relationship that exists from that moment until they die.\u00a0<\/span><\/p>\n

Second, a legal matter is like trying to understand an elephant without seeing it and with no context.\u00a0<\/span><\/p>\n

The Ancient Parable of the Blind Men and the Elephant, dating back to 1500 and 1200 BCE, concerns a group of blind men who encounter an elephant for the first time. Each touches a different part of the animal. The one who touches the legs describes it as like a tree, the one the trunk a snake, and the one the tusks a spear. While this parable is utterly unrealistic as to how visually impaired and blind people function, its underlying purpose about having to see the whole picture and the mistakes you make when only looking at a part is key.\u00a0<\/span><\/p>\n

Clients will be understandably personally involved in the parts of their own case. A person who has been terminated due to possible discrimination may call and ask, \u201cDo I have a Human Rights Complaint?\u201d A lawyer could quickly go over the facts and give a yes or no answer, but that accomplished nothing except creating a problem for the lawyer with the Law Society.\u00a0<\/span><\/p>\n

If there is a Human Rights Complaint, what now? The single simple question has turned into many other questions such as:\u00a0<\/span><\/p>\n