Musings of nice lawyers

By Farah G. Decano

           

IT is a sad reality that shrewdness and greed are characteristics attached to lawyers in many parts of the world.  In fact, the terms sharks and attorneys have become synonymous in the same way that crocodiles and politicians are considered identical.

It may surprise others, but niceness and lawyers are not contradictory realities.  Unlike a square circle, nice lawyers do exist.  They are usually those who are almost ready to help anyone in need with or without fees.  If there are fees, they charge very reasonably.

Unbeknownst to the public, nice lawyers have challenges about being taken for granted in their own communities and social circles.  This writer frequently reads rants on Facebook and in group pages about the different modes of ambush attacks on lawyers by people they hardly know.

With the advent of social media, lawyers complain how easily friends, families, even mere acquaintances and strangers, easily get free access to pick their brains.  There are those who have already been given free advice, or two, or three, or even more in the past, who seem to want even more – nawala na ang delicadeza and respeto.

The writer read on FB the rant of one lawyer who claimed he has become allergic to instances when a random acquaintance who has been quiet for years, suddenly directly messages him with, “Hi po, Attorney.”  He is almost certain that the next messages will be about being tricked into dispensing legal advice gratuitously.

One private attorney grumbled about the misconception that opinion rendered by lawyers should be free for as long as there are no cases filed in court yet.

A lawyer member of a civic club felt used by a co-member when he noticed that he got frequent nocturnal calls requiring legal advice when he knew very well the person inquiring pays retainer fees of a team of other lawyers.  The nice lawyer finally rejected the caller and told him to just get an appointment from his office on weekdays.

These nice lawyers could only amuse themselves about their situations and thought of having an APP that can screen calls and messages. Like a digital secretary, they wished the APP could ask the following questions that sums up their sentiments:

  1. Are you aware that you are contacting a private attorney?
  2. Are you aware that unlike a public attorney, private attorneys are not paid salaries and allowances by the government?
  3. Are you aware that unlike a public attorney, private attorneys pay for their staffs, rents, office supplies, utilities, and gasoline?
  4. Are you aware that private attorneys, unlike machines, have only as much as 8 to 12 hours a day devoted to work?
  5. By ambushing the attorney for free legal advice or services, are you aware that you are asking for a share of his/her 8 to 12 hours working day?
  6. Are you aware that the private attorney may already have a full schedule and that you want to use his/her time to rest for your own selfish interest?
  7. Are you aware that, just like you, the private attorney needs to rest during nights and weekends?
  8. Are you aware that other clients give value for time by paying the private attorney?
  9. Are you aware that the private attorney can be sued under labor laws if he/she pays her staff in the manner some clients want their lawyers to be compensated – small nominal tokens of appreciation in lieu of right fees?
  10. Are you still going to insist on getting free legal services despite knowing that the private attorney feels disrespected for such palibre mentality?

These nice lawyers know their oath by heart.  And this is why they provide pro-bono services to those who cannot afford to pay their fees. They also do not mind giving legal advice for your simple personal legal questions once or twice.  Beyond that, please remember that, just like you, lawyers have bills to pay.  Most of them have families to feed.  If you willingly pay fees to other professionals like doctors, architects and artists, why don’t you want to pay for professional legal services?  In the end, it’s all about justice – giving what is due.

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