What Your 'Atorni'-Friend Wants to Tell You, But Can't

 Why do I dislike giving free legal advice?

The moment I give someone legal advice about a specific problem, they become a client.

So what?

The moment you become a client, I am bound by lawyer-client confidentiality.

That means that I will have to keep any information you impart privy between us (with some exceptions).

Isn't that a good thing?

For you, it might be. And I'm not acting out of my own selfish interest, but by giving you advice, I am basically sworn to keep private any crime you admit to having committed, at the expense of the greater public. 

We take it upon ourselves to prioritize our clients' interests over our own, but that does not mean that we should give free legal advice to those who are capable of paying for our services. 

Also, imagine taking on a client without getting properly compensated for the time and research you have undertaken. When you pay lawyers, you are basically paying for the years we have invested into rote memorization and understanding of the law, the schooling expenses, and the opportunities we let pass to become lawyers. 

Whilst early to mid-twenty adults are raking in money and experience, we are still learning the basics of the law. And by the time the same adults are taking up supervisorial roles and clothing themselves in the blanket of financial security, we are just starting to make a name for ourselves.

Kumbaga, nagsisimula palang kami.

If you were gracious enough to congratulate us on our newfound success, would it be possible for you to support our business?

While health professionals assess, diagnose and treat, 

lawyers assess, ascertain and advise. 

That is our business.

What would you expect of a business that hands out free products without so much of a return on investment? Of course, it will go bankrupt. And the capital investment any entrepreneur values most is time. 

When we give you legal advice, you are paying us for our time, time which we could have spent learning, litigating another case, advising another client or investing in our business.

True, we may be applying what we learned in law school by taking up your case. But of all the clients who come to us for consultation, it is your case we chose to take up. We hope you value that.

There is legal basis for lawyers charging just compensation for services rendered.

Canon 2 of the Code of Professional Responsibility states that

A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity, and effectiveness of the profession. 

Rule 2.04 also states that

A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant.

This means that whatever free legal advice we give should not be abused. There is a rate ( per IBP Chapter) that lawyers refer to when charging their clients. They aren't allowed to charge paying customers less than that because while it may draw clients to them, it will drive clients from other lawyers who are also in the same business.

Isipin niyo nalang iyong mga magsasaka na tinatawaran niyo. Bumigay man ang isa sa presyong mababa sa market price, mapipilitan rin ang iba babaan rates nila para lang ma-retain customers nila. Minsan nagpapatalo nalang sila at hindi na natatapatan ang kapital.

Second, giving advice isn't as free as it seems. When we resort to judicial and administrative remedies, chances are you will be filing pleadings before courts / tribunals / agencies and bodies. That means printed paper, photocopies, gas expenses for submitting these in the proper office, and expenses on food. We aren't just talking about one copy of the pleading. There are at least three, and more so on appeal. These are the capital investments that go into our business.

Hindi man magawa ng kaibigan mong abogado/a sabihin ito saiyo, dahil parang walang delicadeza. Pero sigurado akong naiisip nila ito. Tao rin sila na nangangailang mabuhay at magtaguyod ng kanilang pangalan sa larangan na pinasukan nila. 

Does this mean you won't be giving free legal advice?

I still do. But I answer questions in general because I don't want to passively take on clients.

 I choose my cases.

I don't want to keep private information that shouldn't have come into my hands. That information belongs to the lawyer of your choosing. 

And I don't want any conflict-of-interest should your rival consult me on the legal matter at hand.

Why the intense hatred, Torni Aileen?

I'm not angry or indignant. I don't mean to come across as negative or cynical. But if I allow other people to demand my time for consultation for free, they might get the idea that it's okay to treat fellow lawyers the same way.