Most Common Legal Questions Texas Lawyers Hear at Thanksgiving

The holiday season is upon us which means it's time to partake in small talk with friends, loved ones, family members, acquaintances, and strangers. Whether you're traveling home for the holidays, you've been invited to a Friendsgiving dinner with your new group of friends, or you're standing in line at Honey Baked Ham waiting to pick up your holiday meal, the topic of "so...what do you do?" will eventually arise.

The moment you say, "I'm an attorney" (or any variation on that phrase), you'll see a twinkle in the eyes of whomever you're talking to. Soon after, the dreaded legal question will arise. Of course, you'll have to be polite and entertain their inquiry, lest you appear rude to your intrigued conversation partner. But you find yourself in a predicament: should you give actual legal advice or is it safer to change the subject?

Well, for those persistent individuals who won't take "I can't give legal advice" as a hint, we've compiled a handful of legally sound answers to the most common legal questions Texas lawyers tend to get.

For even more in-depth answers, make sure to check out the Party Talk book set from Texas Bar Books!

Are you liable if you give legal advice at a party?

Before casually giving legal advice to someone at a party, you may be asked if you’re even allowed to. As Corpus Christi-based attorney William J. Chriss says in his “Party Talk” entry, “the giving of negligent legal advice at a party can result in liability for the lawyer, although Texas courts are generally quite understanding of the lawyer’s plight in these situations.” The best way to prevent any issues when/if you give free legal advice at a party is by simply declining to give advice in the first place.

If you have a close relationship with the person asking, being defensive and coldly declining to answer their questions may come off as offensive. Chriss gives the following example, “I give my mother free advice all the time because I know she would never sue me and would resent me if I refused.”

If you feel uncomfortable, simply change the subject or tell the inquirer to schedule a consultation with you if they are adamant.

Can you represent me?

While it may seem like there’s a rule against representing friends and family, it’s perfectly fine to do so. You aren’t prohibited from representing people you know, but it’s necessary to practice caution in these situations. The same client-protection rules apply, so you need to make sure you don’t overlook anything or let your guard down when representing friends and loved ones.

Texas attorney Jonathan E. Smaby offers the following piece of advice: “The best approach is to avoid getting in over your head by handling such inquiries proactively, with a plan in mind.” Smaby goes on to say, “you have to wear your lawyer hat.” Treat them as you would treat any other client and you’ll be able to do the best job possible.

Should I start a company for my home cooking?

Picture this: you’re helping yourself to yet another serving of Aunt Irene’s Buttery Herb Stuffing when Aunt Irene herself corners you. You tell her how you’ve always loved her herb stuffing and it’s what you look forward to every Thanksgiving.

She smiles and tells you that for the past few years, she’s been selling her pre-made dishes to friends and neighbors. You ask her how business is going, and she says it’s booming! You congratulate her and turn to head towards the table, but she stops you and asks, “Should I become incorporated or start a company?” Your grumbling stomach will have to wait, but hopefully the answer won’t take too long.

Austin attorney Manuel Escobar provides the following advice, “It is a cost-benefit analysis. The benefit potential could be substantial. By incorporating, you can protect your personal assets from claims made against the business. The initial monetary cost, particularly for a one-person corporation, is relatively low; having an attorney help you form one should cost somewhere around one thousand dollars (including filing fees). If the benefits outweigh the costs or they are close, you should consider incorporating.”

Every weekend, my neighbor plays loud music late into the night. I’ve talked to him about it, but he keeps doing it. What can I do?

If you’ve already tried talking to your neighbor about their loud music sessions, don’t give up hope just yet. Try talking to them one more time. Be stern but polite. Odds are you’re going to have to live next to this individual for a long time, so it’s a good idea to work on coming to an understanding before getting a lawyer or the authorities involved.

If your neighbor continues to shrug off your pleas, then you can consider contacting local law enforcement. Since most municipalities have ordinances relating to noise, police officers can issue citations for ordinance violations. Check your local ordinances to ensure your city’s rules apply to your particular circumstances.

Now, if law enforcement can’t or won’t help, your last course of action may be to pursue civil action. According to Abilene attorney C. Barret Thomas, “Noise, if sufficiently extreme, may constitute a nuisance as courts have determined it can interfere with the ‘quiet enjoyment’ of your land.” Pursuing legal action is often expensive and time consuming, however. It may not be worth all the work. Consider wearing earplugs or investing in a white noise machine to drown out the loud music.

Get Ready to Answer Common Legal Questions this Holiday Season!

The questions featured in this blog post can all be found in “Party Talk: Answers to Everyday Legal Questions for Texas Lawyers.” Texas Bar Books is proud to carry two volumes of this entertaining and insightful book series. The books feature answers to common legal questions. The answers are written by Texas lawyers and provide some great insight into what lawyers tend to experience in casual settings. Visit Texas Bar Practice to learn more.

Whether you’re an attorney or you’re looking for a fun gift to give your attorney friends, then Party Talk is your answer!