I recently encountered someone from the wellness industry who was “shopping around” for a lawyer who would proclaim that their wellness practice was legal (it wasn’t). Legal clients who seek out attorneys not for sound guidance but for validation of a pre-determined, and often unlawful, course of action pose significant risks to themselves and the attorneys they engage. We call these clients “unscrupulous clients.” In the wellness industry, it is often these “unscrupulous clients” who stigmatize wellness as “quackery” or full of “charlatans” and “snake oil” influencers and salespeople. Wellness Law, LLC is setting out to reverse that stigma. Read to the end to find out how.
But first, here is a concise summary of the potential legal and ethical consequences of dealing with unscrupulous clients.
FOR CLIENTS
1. Loss of Attorney-Client Privilege - Repeatedly shopping for favorable legal advice in bad faith may waive privilege protections.
2. No “Bad Legal Advice” Defense - Courts typically reject defenses based on selectively obtained legal opinions, especially where full disclosure and good faith are lacking.
3. Civil and Criminal Liability - Clients remain responsible for their actions even if an attorney supported them. - In cases involving fraud or regulatory violations, legal opinions offer little protection.
4. Increased Legal Costs and Exposure - Cycling through attorneys can lead to higher legal expenses, inconsistent advice, and exposure of sensitive strategies.
FOR ATTORNEYS
1. Malpractice Liability - Giving advice based on incomplete or manipulated facts can result in client or third-party lawsuits. - Example: Advising on compliance strategies that later prove legally deficient.
2. Ethical Violations & Disciplinary Action - Violates ABA Model Rules: - Rule 2.1: Independent professional judgment - Rule 1.2(d): Assisting in fraudulent or criminal conduct - Potential consequences: Bar complaints, sanctions, suspension, or disbarment.
3. Involvement in Fraudulent Schemes - Clients may use attorney letters or opinions to give credibility to scams or legally dubious ventures. - Risk of being subpoenaed or charged as a co-conspirator.
4. Reputational Harm - Aligning with bad-faith clients can damage an attorney’s long-term credibility and professional standing.
Best Practices: - Screen clients carefully during intake. - Document all legal reasoning and client communications. - Withdraw representation when ethical lines are crossed (Rule 1.16). - Confirm no conflicts from past representation attempts.
Conclusion: Unscrupulous legal shopping undermines the attorney-client relationship and exposes both parties to significant risks. Attorneys must uphold their ethical duties, and clients should seek counsel for lawful, transparent objectives to maintain legal protections and avoid liability.
What Wellness Law, LLC is doing to combat the stigma against wellness: Wellness Law, LLC is building a community of ethical wellness practitioners and companies who are not looking to circumvent legal rules or take advantage of vulnerable people. Instead, people who affiliate with Wellness Law, LLC, whether by becoming clients or subscribing to the Wellness Law App, signify to the world that they want to do right by wellness and the people they serve. The wellness community we are building believes in educating the public about how wellness can bridge the gap being left by conventional medicine by empowering people with information and a plan of action to improve their lives. We are not trying to “cheat the system,” but rather to bring some legal clarity to wellness, where none has existed before. Do you want to join our movement?
Contact us today or subscribe to our app. We’d love to welcome you to the Wellness Law Advocate community!