为什么律师不应该通过电话为您提供法律建议
WHY SOLICITORS DO NOT GIVE LEGAL ADVICE OVER THE PHONE?”
为什么律师不应该通过电话为您提供法律建议?
First of all, the conversation below is to illustrate this whole article on the reasons why professional workers such as solicitors do not give legal advice over the phone.
首先,以下的通话是为了展现为什么如律师的专业人士不应该透过电话通话给与法律意见的原因。
PATIENT: Hello doctor.
DOCTOR: Hello. How can I help you?
PATIENT: I am having a headache for 3 days.
DOCTOR: I see. You should consume two painkillers. It will reduce your headache.
病人:你好医生
医生:你好,我能如何帮到你?
病人:我已经头疼三天了。
医生:我明白了。你应该吃两颗止痛药。这会减轻你的疼痛。
On the next day, that patient died from stroke. This explains that sometimes the doctors are unable to identify a physical cause. This is because doctors need to identify and described him symptoms in detail about what type of headache suffered by the patient. Doctors should consider the needs of the patient. Those are mental and physical needs. Are these needs being met by a phone call?
隔天,病人死于中风。这解释了为什么有时医生无法诊断出生理原因。这是因为医生必须详细辨认与向他形容病人的症状,究竟承受着何种的头痛。医生应该考虑到病人的需求。这些是心里和生理的需求。这些能通过电话满足吗?
Same goes to the solicitors whereby we hear often that it is difficult to draw the line of what is considered giving legal advice and simply giving legal information over the phone. If at any point during the exchange the client reasonably believes that you are offering them legal advice. Therefore, they may think that a valid lawyer-client relationship has been established and that can be problematic. This is why solicitors should avoid giving legal advice over the phone.
同样的道理适用于律师,我们经常听到通过电话很难划清何谓给予法律建议与单纯地分享法律信息。在交换信息的任何一个时间点,顾客都可以合理认为你正在给与他们法律建议。因此他们可以认为与你已经建立起律师-客户的关系而这可以是很有问题的。因此律师应该避免通过电话通话给与法律建议。
In Person Consultations
登门咨询
There are something that can never be replaced by technology and that is the level of intimacy that comes from face-to-face human connections. Regardless of whether you decide to offer phone consultations or not, there will always be some people seeking to speak with you in person. To add, in person consultations can give the clients the opportunity to engage in high stakes conversations. If you are addressing sensitive topics, providing this style of consultation is advised. Basically, there are simply some topics that should not be addressed over the phone. Any cases involved emotional situations like divorced, children, and death requires that human element to be handled well.
有些事情是无法被科技取代的,而那是当人面对面联系起来的亲近程度。先不论你是否决定提供线上咨询服务,总会有人尝试和您见面说话。加上,登门咨询可以给与顾客进入更深层次对话的机会。如果你在谈着一些敏感课题,这种咨询方式是被鼓励的。基本上,有些课题是无论如何都不应该通过电话交流的。在涉及情感的情况比如离婚,孩子或死亡,这些需要人类元素方能妥善处理。
On top of that, what if phone consultations led to a lower no-show rate? Convenience is the key when people are seeking answers to their problems. Being able to get an answer over the phone rather than wait for an uncertain amount of time is what many people are looking for nowadays because they do not want to wait. This demand for immediacy can eliminate the need to “build rapport” for a relationship to build between the client and the solicitor. The urgency some people are facing leads to people making faster decisions based on other sources such as website and reviews.
最重要的是,万一电话咨询使到没有出现的机率增加了呢? 人们在为他们的问题寻求答案时都贪图便利。可以通过电话得到答案比起花费不确定的时间是所有人梦寐以求的。这对于急迫的要求将可能消除顾客和律师之间“建立融洽关系”的需求。一些人所面对的急迫性事件将使到他们做出根据其他网络信息或评论做出快速的决定。
To add, the solicitors cannot obtain all of the information they need to provide an appropriate and competent legal advice through communicating over the phone with people anonymously and confidentially. In order to provide proper advice, the solicitors must be able to communicate in a way to obtain all of the information they need. They also need to be able to research the issue properly, and this is not possible when the person is anonymous.
需要补充的是,律师无法在匿名且保密的电话通话中获得能提供适当且良好法律建议所需要的资讯。为了了提供适当的建议,律师必须以某种形式进行沟通,以获得他们所需要的所有信息。他们还需要能恰当地研究问题,这在匿名的情况下是不可能的。
The solicitor could have a conflict of interest. When people come to them for advice, they need to make certain that he do not have a conflict of some kind. The solicitor could end up helping someone on the other side of a case or he could do something that would harm a current or past client. The solicitor cannot do this and therefore, he has to know who the person is.
律师可能会有利益冲突。当人寻求他们的建议时,他们需要确保他们没有任何的利益冲突。律师很可能最终协助到案件的另一方或者他可能会做出损害现有或过去的客户。因此,律师不能如此行事也因此,他应该知道那人是谁。
Conclusion
Phone consultations take less time and focus on a single problem. In-person consultations involved more problem disclosure. There are certainly some situations, such as bankruptcy and criminal defense, where providing phone consultations is the quick and easy solution for your clients. Providing phone consultation can even give you the freedom and flexibility to work remotely. However, the traditional in-person style is a standard in the legal world, especially for emotionally charged situations.
结语
电话咨询耗时很少且专注于单一问题。登门咨询则牵扯更多问题的披露。在某些情况下,如破产或刑事辩护,你定然能够在电话咨询中为您的顾客提供快速与简单的解决方案。电话咨询服务也能让你享有自由与灵活性以让您可远程工作。但,传统面对面的风格是法律界的标准,特别是在情绪激动的情况下。
Amira Adzhar
