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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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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.
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