Free advice and neighbor complaints are actually some of the more commonly asked legal questions that Texas attorneys are asked. Let me explain. 

 

The Texas Bar Practice Blog recently released advice on how to handle these questions and more as a new lawyer. So, let’s take a look at them, starting with whether or not an attorney is liable if they give legal advice during a holiday party. 

Question 1: Free Advice

The blog states that negligent legal advice given out during social interactions like parties can indeed result in liability for the lawyer. They say the best way to approach the situation is to simply decline to give advice—easy peasy.  

If the lawyer is close with the person asking for advice, they may use their discretion as to whether or not they believe the family member or friend would sue them. Otherwise, any sense of feeling uncomfortable should be met with telling the person that they should schedule a formal consultation if they wish to discuss legal advice.  

Question 2: Family Representation

It is 100% legal to represent friends and family, which leads to the second most-asked question: “Can you represent me?” The problem with this situation is that this may pose a conflict of interest where one may overlook important facts about the case that would help or hurt their client. 

Question 3: Obnoxious Neighbors

Finally, a common question asked of Texas attorneys involves noisy neighbors, even after multiple attempts to ask them to quiet down. The Texas Bar Practice Blog mentions that your first step would be to contact local law enforcement. Most cities have various forms of noise ordinances, but it may be the case that police either won’t or can’t help. 

In this case, the attorney would say that civil action could be pursued. Many courts will declare that each homeowner has a right to quiet enjoyment on their property. The blog concludes that going this route of legal action can be expensive and time consuming for both parties, so it is not often desired. 

If you or anyone you know is pursuing a career in Texas law... Godspeed.

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