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Dec. 2, 2008

Melanie Phillips: The Mumbai atrocity is a wake-up call for a frighteningly unprepared world

Stratfor Geopolitical Intelligence Report: Strategic Motivations for the Mumbai Attack

Dec. 1, 2008

Max Freidlander, as told to Jacklyn C. Wadler: India Inkings

Mark Steyn: Whodunit!?

Nov. 28, 2008

Rabbi Ahron Rapps: An evil seed that didn't have to be

Melanie Phillips: Carpe diem --- or can we all relax now?

Nov. 26, 2008

Michael Feldberg: Meet the Orthodox Jew who laid groundwork for scientific development of ordnance that undergirds America's current world leadership

Andrea Simantov: Shades of life

Nov. 25, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir : Getting Emotional For Influence

The Kosher Gourmet by Ethel G. Hofman : Thanksiving feast!

Nov. 24, 2008

Rabbi S. Binyomin Ginsberg: 'I just Became a grandchild!'

Barry Rubin: Don't flatter your enemies, protect your friends

Nov. 21, 2008

Rabbi A. Henach Leibowitz: Money matters?

Caroline B. Glick: Civilization walks the plank

Nov. 20, 2008

Rabbi Avi Shafran: Bronfman's blindness

The Kosher Gourmet By Linda Gassenheimer: Portobellos add a hearty flavor to pasta with pesto

Nov, 19, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir : Spread the wealth? Jewish tradition and income equality

Elliot B. Gertel: 'Mad Men': Tackling prejudices or reinforcing them?

Nov, 18, 2008

Dr. Debby Schwarz Hirschhorn: The End of the Age of Reason

Jonathan Tobin: Does Barack + Bibi = Disaster?

Nov, 17, 2008

Rabbi Yonason Goldson: The End of the Age of Reason

Diana West: Gulling Americans into making terror legit?

Nov, 14, 2008

Rabbi A. Henach Leibowitz: The Power of Spiritual Inertia

Caroline B. Glick: The perils ahead

Nov, 13, 2008

Stratfor Intelligence Briefing: How Bush and Obama together could change the Middle East dynamic

The Kosher Gourmet by JeanMarie Brownson: Sweet and savory, crispy and meltingly tender bestilla

Nov, 12, 2008

The Jewish Ethicist by Rabbi Dr. Asher Meir : Tyrannical Co-Workers

Michael Doyle: High Court to consider today donated monuments that may have religious messages in public parks

Nov, 11, 2008

Frank J. Gaffney, Jr.: Will Obama stop government officials considering institutionalizing financial jihad?

Jonathan Tobin: They Will Decide Their Own Fate

Nov, 10, 2008

Rabbi Avi Shafran: $8 billion, modern-day Tower of Babel being built?

Barry Rubin: A letter to the president-elect from a Middle East realist

Nov, 7, 2008

Rabbi Francis Nataf: Of Children and Immortality

Caroline B. Glick: Livni's Obama strategy

Nov, 6, 2008

Rabbi Yonason Goldson: How I tricked a classroom of apathetic students into grasping the fallacy of moral relativism

The Kosher Gourmet By Gina Kim: Tips for making the perfect soup --- includes recipes

Nov, 5, 2008

The Jewish Ethicist By Rabbi Dr. Asher Meir: Destitute Debtors

Bruce Weinstein: 'Religulos': Bad title,even worse movie

Nov, 4, 2008

Frank J. Gaffney, Jr.: Treasury Dept. submits to Shariah law

Frida Ghitis: A surprise for Obama in the Middle East

Nov, 3, 2008

Jonathan Rosenblum: Who says Jews are Smart?

Jonathan Tobin: Was He Wrong About Everything?

March 22, 2007

J-Rhythms with Avraham Rosenblum: JWR's cutting-edge music program showcasing performers -- singers, song writers, musicians, and bands -- who learn and live the Torah lifestyle (OUR NEWEST IGODCAST !)

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review Sept. 2, 2008 / 2 Elul 5768

Costly Advice

By Rabbi Dr. Asher Meir


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http://www.JewishWorldReview.com | Q: Recently I went to a public lecture by a known lawyer. At the end of the lecture he gave out his e-mail and offered to answer questions. When I sent him a draft contract I want to sign, he sent me back his comments plus a hefty bill. Do I have to pay?


A: There is a stereotype that people are wary of asking lawyers even casual legal questions, such as at a cocktail party, fearful they might get a bill the next day. Perhaps lawyers themselves are grateful for this wariness, so that they can enjoy themselves at cocktail parties without feeling they are on a "busman's holiday".


While charging for cocktail-party banter may be a bit excessive, when a lawyer or any professional is approached for actual professional advice, they are allowed to assume that they will be paid for their services according to the going rate. When you take your car to the garage you may expect an estimate, but if for some reason you don't get one, you don't expect them to fix your car free. Likewise, if you ask specific advice from a lawyer, medical professional, public relations representative or any other person who gets paid for his or her advice, it is proper for them to specify that they are working for pay and to state what the rate is. But even if they don't do so, they have a right to be paid for their work.


This principle is illustrated in a few examples in the Talmud. In one place, we learn that if a person does uninvited field work in someone else's field, and it can be shown that the owner routinely hires this kind of work and so the efforts of the "interloper" (usually this is due to an honest mistake) saved him money, then the worker must be paid even though he was not hired. (1).


In another case, a person invited an acquaintance to dwell in his house for a period of time. The "guest" was surprised when the "host" demanded rental payment, but the court upheld the claim of the host; a person who offers to put someone up for an extended period of time is assumed to be doing so on a commercial basis. (2)


The authoritative Rema (Rabbi Moshe Isserles)sums the law as follows: "Any person who does an action or favor for his fellow, [the beneficiary] cannot claim, you did it as a favor since I didn't ask you. Rather, he must give him his pay." (3)


In your case you actually did ask the lawyer to do the work for you, so certainly he is entitled to pay.


It seems that you were misled by this lawyer's offer for people to write him with questions. Most likely the intention was general questions relating directly to the topic of the lecture, not substantive legal advice like reviewing a draft contract. Another possibility is that the lecture was given free with the explicit intention of drumming up business, and the call for questions was no more than an offer of services for pay.


Given the potential for misunderstanding, and the general obligation for a proper meeting of the minds in any commercial deal, it would have been proper for the lawyer to advise you of his fee schedule before undertaking the work. However, now that the work is done he has to take responsibility for it like regular professional work, and you have to pay for it according to the same standard.


In general, if you have work that is typically done through a paid professional, it is inappropriate to try and find someone who will do it free, unless you are particularly needy and are asking a person to do the work pro bono because of your special situation. I frequently get letters from professionals complaining that friends, neighbors and even strangers are constantly pressuring them to give free advice. Most of these people are already struggling to succeed and are not in any position to be giving distributing their services free of charge.

SOURCES: (1) Babylonian Talmud, Bava Metzia 101a. (2) Jerusalem Talmud, Bava Metzia chapter 5 Mishna 8 Halacha 1. (3) Shulchan Aruch, Choshen Mishpat 264:4. See also Ran commentary on Ketubos107b

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JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology. To comment or pose a question, please click here.

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