Real Estate & Property Law

If You Send Unsolicited Materials - Beware of Shredding!

I receive lots of calls, as I have said before, from people who "just have a simple question" and I receive files in the mail sometimes, unsolicited, with notes attached like "just wanted your take on these" or "Want to weigh in?"

The answer is no, I do not want to "weigh in" or read unsolicited case materials. And when they come to me, they end up in the shredder.

And no, I do not want to just answer a "simple question" because they are hardly ever as simple as you, the reader, would wish they were and if they are, you can send me an email and, if pertinent to others too, and generic enough, I will answer them on my blog, which is also another great resource.

The truth is that there is lots of free information on my website just for the taking and absorbing (see http://www.californiacondoguru.com). And so, when folks want specific advice, there is a charge - and all of this is explained on the consultation form on the website.

I feel sympathy for people that are struggling and cannot find a knowledgeable resource to respond to their own personal legal issues. However, here are some things many people do not understand. It is important in any given situation for me (or any attorney for that matter) to be able to

(1) Establish an attorney-client relationship so that any discussions I have with people who want to be clients can have appropriate privileges attached.

(2) Make sure before giving advice as to any specific situation that I have the opportunity to explore it and get my own questions answered and get sufficient information so that I am providing useful legal advice.

(3) Have some way to prevent people from walking away from a brief conversation with me, having heard only what they want to, and carrying the (wrong) message out further to others.

and last, but not least

(4) Avoid getting into a conflict of interest situation where I am giving advice to a Board and an owner in the same association, who are fighting with each other.

Attorneys in California are bound by a Code of Ethics, and I take that seriously (wish everyone did), and so that is why, if you send unsolicited materials, or call me and ask "Can't you just answer a simple question?", you may get what you think is a rebuff (but which is really ethics at work).

My best.
Beth Grimm

Full post as published by California Condo & HOA Law on September 10, 2008 (boomark / email).