I am a lawyer at a company. My first day back to work after a death in the family, a person at work asked me to review some documents (for free) for the person’s spouse’s business…“I know that this is a bad time to ask but…” I stayed late and reviewed the documents, rather incredulous that the person even asked (but experienced to know that folks always want free legal advice.) The spouse sent me a thank you note that included a gift card in a nice amount.
I am a person who sends thank you notes, but it seems etiquette does not dictate one on this occasion. A thank you gift was provided for doing the person a big favor. Must one send a thank you for a thank you?
No. But the next time you run into the spouse, you should acknowledge the gesture.“I got your lovely note; it was my pleasure to assist.” If your paths are not expected to cross, you can communicate your appreciation to the colleague to convey to the spouse.
No. The person doing the favor (you) doesn’t owe any thanks to the person requesting the favor. Personally I’d casually thank them in person for the gift card if it was a significant amount like over $100, but really you’re just acknowledging that they “paid” you appropriately for your favor. Consider the social contract complete at this point if you do nothing further other than a verbal acknowledgement.
The gift card was a very nice gesture. The person probably did not offer to pay you as many companies prohibit their salaried staff attorneys from accepting payment for legal services.
Who knows if it’s correct these days, but I was taught:
No thank you for thank you note; thank you for thank you gift.
For example, a thank you note received after a dinner party doesn’t need acknowledgement. Flowers sent as thank you after dinner party do need an acknowledgement, a quick phone call or email or verbal thanks in the workplace is adequate. Otherwise the sender may wonder whether the flowers arrived or, in your case, whether the recipient found the enclosed gift card.
And I was taught not to send a thank you gift for a thank you gift because the exchange could go on indefinitely.
I would never tell someone for whom I did a favor I didn’t want to repeat that it was my pleasure. I would say “you’re welcome” when appropriate.
You may want to simply send an acknowledgement that you got the card. Too many things get lost in the mail and they may wonder if you even received it.
I would not send a thank you for doing legal work for a coworker–especially since you are a staff attorney or general counsel on salary with that company. As ridiculous as it may be, a conflicts check is usually required.
If you have read & researched as many state bar discipline matters as I, you would probably be more reticent about performing such a review. The seeming pettiness of some states’ bar rules & enforcement/interpretation of those rules is mind boggling–but it varies greatly by jurisdiction.
I also agree with Publisher that, if you haven’t already, you check with your employer, and your state bar, if you should be providing legal advice on non-company matters. Where I live, this is not possible.
If interested, a Colorado lawyer was disciplined for giving advice over the phone on a minor consumer matter to his in-laws who lived in Minnesota & had a Minnesota dispute. The in laws told opposing counsel, a Minnesota attorney, that my son in law who is an attorney in Colorado said so-and-so. The Minnesota attorney reported this to the Minnesota State Bar who charged the Colorado attorney with UPL & reported it to the Colorado State Bar. The attorney was disciplined by one or both state bars for UPL.
In some states, such as South Carolina, it (UPL) can be a felony offense punishable by up to 5 years in prison. And these cases are much more complex than one might think. Think in terms of an egregious long arm statute applying seemingly innocuous state bar rules that can destroy an industry as well as an individual company or an individual whether a licensed attorney or not.
In other states, it may be only a civil offense. In most states, or, at least, many states, it is a misdemeanor.
Thinking this over, I’m troubled. You were asked for an inappropriate favor, free legal advice for a work colleague’s spouse’s business.
Why does the spouse not already have an attorney for the business? Does the spouse consider the gift card payment? Will your thanks mean the spouse will feel emboldened to ask for free advice again? Or was it an emergency on-off situation? I’m just guessing you don’t want to create the precedent you’re happy to work for the business for a generous gift card. What can you politely do to avoid this scenario? Maybe write something in your thank you note that very politely lets spouse know you were able to help only once?
The more I think about it, this is really different than an acknowledgement of a thank you gift after a dinner party.
Missypie, I’m sorry you find yourself in this situation. It’s difficult since your colleague really didn’t follow acceptable etiquette rules in asking for this favor.
I would at least make sure there is no liabilty to you for the “free” advice. I work in a field where we use attornies and at times even a very general question was met with a comment that no legal opinion can be given without a contract, not because of the cost of the attorny’s time, but to be sure he/she is covered by malpractice insurance.
In this case, I might give back the gift card to avoid the idea that this was payment for services and thus in some way binding legal advice.
Lawyers are asked all the time for free legal advice/work. I decline and say I can’t do it (I work in house) because I don’t have malpractice coverage for anything I do outside of my regular job.
Plus, what if the person seeking free or gratuitous legal advice already has an attorney on the matter ? May just want a free second opinion. But,it is a violation for an attorney to advise one represented by other counsel.
If there’s a concern a thank you note for the gift card could create a paper trail of some possible (?) inappropriate action, then thank the person verbally, short and sufficient. If you don’t want this person to ask again, add that it seems ethics prevent that.
I think we’re getting too serious about services traded. It’s just nice to thank someone for a thoughtful gesture. (I know the request was badly timed, etc, but the person did send a gift.
But the concern is not just about state bar rules, these type of situations may violate one’s employment contract. Especially when performed in one’s place of employment.
^Agreed. @missypie You might consider returning the gift card with a short note saying while the gift is appreciated, you can’t accept anything that might be considered payment for services or something to that effect. Maybe @MomofWildChild can chime in as she is also a corporate attorney?
And I do think your coworker was wrong to put you in this position especially at this difficult time in your life. I’m so sorry for your loss and want to extend sympathy and prayers to you and your family.