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The dangers of an unknown or phantom client are numerous as outlined in the recent article, Beware perils posed by the phantom client (January 17, 2014 issue of The Lawyers Weekly). The best advice to avoid such situations is: The key is being very proactive. If somebody starts talking to you about a legal problem at a party and you give them what could be construed as advice, you have to document the encounter and send them a letter saying, ‘we talked about your legal problem but I am not your lawyer unless you retain me in the usual fashion. Nothing we talk about will be considered confidential unless you retain me as your lawyer…’ For more reading on use of engagement and non-engagement letters to ward off the perils of the phantom client, see: The Canadian Lawyers Insurance Association provides loss prevention information solely for the benefit of CLIA insured lawyers. The content and links provided in Loss Prevention eBytes are intended as resources to qualified lawyers who should exercise due care and their professional judgment in adapting or making use of any content.
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