Why Can't I Hire An Attorney To Send An Email For Me?

Often, people ask the question: why can’t I hire an attorney to send an email (or a letter) for me?

When you hire a lawyer, you are asking them to represent your interests. When the lawyer accepts the assignment, he or she is bound to perform the task to a standard of care and according to the Rules of Professional Conduct and the Business and Professions Code. Because of all the responsibilities the lawyer takes on for every case, there is no such thing as "a quickie" for a lawyer.

While you may want to hire a lawyer to perform "a quickie", a lawyer is not simply a scribe who writes. Lawyers spend years training how to evaluate the facts, how to determine what the law is or what it requires, what types of claims can be asserted, and what the potential outcome is for a particular situation. We are required to complete continuing education credits, much like doctors, nurses, real estate agents, pilots and other professionals.

The lawyer is required by law to exercise his best judgment for your situation, and to use the knowledge and skill that a reasonable lawyer would use in your situation.

To fulfill his or her obligations to you, the lawyer needs to know all of the facts surrounding your situation, review as many documents as he or she thinks are relevant to the situation, and advise you on:

• what your options are,
• what are the consequences of sending or not sending that email or letter, and
• what they anticipate will happen if they send the email or letter.

Depending on their level of experience, a lawyer may be able to assess your situation and provide you with guidance without a full blown investigation of the facts. However, the written agreement between you and that lawyer will need to limit the scope of the lawyer's assignment pretty specifically and severely to prevent you from being able to say that the lawyer's email or letter was not helpful.

Most good lawyers will not want to risk their reputation or practice on a quick email or letter. Best practices require us to look at the whole situation before writing or sending anything to an adverse party. Most good lawyers have years of experience and may not want to give you the benefit of their years of experience "for cheap."

Most lawyers also know that sending an email or letter is an action that does not occur in isolation. If there is a response, you will likely need the lawyer to evaluate the response and advise you on next steps. That requires a conversation with you that may not be covered by your initial "cheap" payment. It may also require additional research to be able to advise you properly.

At the end of the day, there is a lot more involved in sending an email on behalf of a client that meets the eye. There is no shortcut to quality representation. If the email or letter is connected to an ongoing business relationship, you need a lawyer that has a high level of business acumen to assist you. Sending the wrong email or letter at the wrong time can jeopardize your business and create unnecessary risks for the business.

My super power is the ability to guide business owners with proven wisdom to make the best decision under the circumstances.