Q: Dear Ethics Lawyer, I am an attorney for a company desiring to complete a relatively small real estate transaction with an individual to facilitate a development. The individual, who is not represented, shows up at closing to sign the document, but first asks a legal question about an effect of the document, a question concerning which I know the answer. Can I tell her the answer under any circumstances without creating a conflict of interest?
A: Yes, but it is all about context and clarity about who you are representing when you do so. In order not to create an expectation on her part that you are advising her as her lawyer (which can occur by the giving of legal advice in a context in which the recipient reasonably believes you are advising them), specifically advise her first that you will tell her what you believe to be the answer in your capacity as the company’s lawyer, but that you do not represent her. Inform her that she should not rely upon your advice, but should take the opportunity to obtain advice from a lawyer of her choosing if she feels it to be appropriate.