Someone Told Me ...
Peter Hrastovec*
A few weeks ago, I met with a client on a problem. No surprises, it’s what we do. After listening to a host of facts, he asked me for my opinion. Given the situation, I was able to provide some summary advice that would, in the fullness of time, allow him to correct a potential legal issue without attracting significant legal consequences. Sounds familiar (so far, I don’t think I have broken solicitor/client privilege)?
What was startling to me is what he said after hearing my advice. “Someone told me”, he began and then came the recitation of some ill-conceived opinion by “someone” who, if he was a practicing lawyer, was desperately in need of a research assistant or a refresher course in LAW 101. I knew better. “Someone” wasn’t a lawyer. “Someone” usually isn’t. “Someone” doesn’t have an office, or a web site or a law degree. “Someone” doesn’t have partners with whom to consult, a desk to sit at or a law library full of books to support an opinion. “Someone” doesn’t even have a name.
My stock answer to the proverbial “someone told me” scenario is very simple. I just say, “There are approximately three hundred thousand people in this county who like to practice law and they all have an opinion.”
It’s true. Go down to your favorite coffee shop, retail store or just mosey down the street. You can run into almost “anyone” and they will talk to you about a legal case (usually a celebrated one) and not hesitate for one minute to give you their opinion about it. This was especially prevalent during the long and almost insufferable year we all spent listening to the daily raconteurs debate the latest strategies in the O.J. Simpson case. During the recent Gomery debacle, we even mixed politics with law and got a hearing that became another vehicle for Average Jane and Run-of-the-Mill Joe to state their opinions on things.
Everyone and everyone’s uncle –all of whom are related to “someone”—has a legal opinion. This is not to say that they are correct in their opinions (“let he who is never wrong never live in a glass house”, etc.). And not “everyone” actually practices law for a living (but many mistakenly wish that they could or boldly say they ought to).
With all of these legal opinions floating about, it is difficult if not impossible at times to get clients to see your point of view. Things are tough enough as it is without “someone” putting in their two cents worth. It’s much more difficult if the “someone” is identified as “someone” you know. It is much more difficult if “someone” is a friend. Imagine putting a friendship on the line to ensure that someone is getting proper legal advice.
I suspect that this is done regularly.It’s not like any one of us should be critical of “someone”. This elusive “someone” is not trying to oust us from our careers. You don’t have to look over your shoulder because “someone” is just about ready to steal your office, take your desk, hire your staff or take your name off the letterhead.
“Honey, how was your day?”
“I got fired. They hired some nut named “Someone” to take over my office.”
“Where did they find him?”
“I haven’t the faintest idea. The smarmy coward wouldn’t show his face”.
And so it goes on. “Someone” has a lot of influence, makes people think and more often than not, misinforms the public. “Someone” is unaccountable for his or her actions. “Someone” is untouchable, a Teflon-coated wannabe legal beagle whose sole purpose is to make you work harder if not ruin your day.
But really, is “someone” that much of a threat to the legal community? Clients (and it is usually the new ones) will contact you to consult about their case despite already having discussed it with “someone”. They have consulted or sought the advice of “someone” but they still seek you out. Why is that? Simply stated, “someone” is not to be trusted. They never have a name so how can there be any credibility in their advice. And usually, they are not lawyers; therefore, how useful is their advice?
Finally, the advice they give can only be worth as much as the asking price.
So next time you hear about “someone”, suggest that you, your client and “someone” get together for lunch and talk about it—at “someone’s” expense. After all, with “someone’s” client load, he or she can pick up the tab.
And the best thing for lawyers is that you don’t have to worry about “someone” getting a judicial appointment. Now, as for “somebody”, that’s another story.
* Peter Hrastovec, Raphael Partners LLP, Windsor.