I’ve heard several times people talking about how easy they think it is to be a lawyer. When Americans approach me they are often desperate and counting on me to guide them through their troubles – unless my advice isn’t what they want to hear. In this article I will give you a brief example of a day in a lawyer’s life – in MY life.
A few days ago, a new immigrant (as she claimed she was when she first approached me) whom I have helped for free in the past, sent me the email below:
“Hi Zvi
Could I ask you a question?
My bank called – a company deposited NIS 500 three times into my savings account, December, January and February – apparently it is the salary of someone who gave the wrong branch number. In January I withdrew money from this account – I didn’t know this money wasn’t mine as I don’t read much Hebrew – I use the account, also my daughter and also I have given the account number for donations for my religious charity work. so I didn’t think anything was wrong. I took out NIS 1000, the next NIS 500 came into the account in February so it was still there when the bank called and of course I told them to take it back and give it to the right person.
Now the bank wants me to pay back NIS 1000 – they say it wasn’t their mistake, the money was wrongly deposited by the company. But that wasn’t my mistake either.
The problem is I have spent the money already and I don’t have a job right now.
What is the best thing to do? If the bank wants to make a case against me do they have to write me a letter? They just phoned so long and I said No, it’s not my mistake so I’m not going to pay back. I don’t know if they recorded the call or not. The lady said I must come into the bank but I am ill right now so I also said No. I’m annoyed about this, I don’t need extra problems.
Thanks”
It took me a while to understand her question because as far as I know, if you receive money that isn’t yours – even if by mistake – you must return it! It’s simple ethics, isn’t this clear? Not to my client. My answer was short and clear: “You MUST return the money as soon as possible and better to do it soon!”
After sending my answer above, she answered me immediately as follows:
“Hi Tzvi
Well, another lawyer said it is not my mistake, the person whose salary it is gave the employer the wrong banking details and then the bank didn’t pick up that the name was wrong and then the person took three months to follow up the problem and in the meantime I took out money that I thought was mine in good faith and now that money is used, I can’t get it back, and I will have to go into debt to repay it, I immediately gave back the February deposit that was still in my bank account, of course – the other lawyer doesn’t think I need to pay for other people’s mistakes, as I acted in good faith. I agree with him. The bank said it wasn’t their mistake. So I am going to wait and see – I think I should hear nothing further.
Regards”
My response to her was very sharp and I asked how she could believe in such stupidity? I instructed her to return the money and that this lawyer she spoke with doesn’t know what he is talking about of course or she didn’t understand him correctly. I also added a last sentence I guess the client didn’t like: “Just in case… if they sue, don’t call me! I’ve warned you! This money it’s not yours. They won’t ask you to pay with interest but you will return every cent.”
The client’s answer came in seconds:
“Thanks for your opinion, Tzvi, but the second lawyer I consulted is a top American lawyer with offices in New York who agrees that I withdrew the money unknowingly and in good faith and am therefore not liable. Also the money is not the bank’s, it is the money of a client that was deposited wrongly by both the client and the bank so they have to fight it out against each other to see who is liable. i cannot be blamed for their errors if I acted in good faith. Receiving stolen goods that one does not know are stolen doesn’t make one guilty. I returned what was in my account. I didn’t do anything wrong that I knew of.
As far as I know I would first have to receive a written claim for this money from the bank or from the client before any case could proceeed against me – so far there has only been a phone call and even if the call was recorded, the bank claimed during the call that the error is not theirs, which is false. Also they have to tell a client if a call is being recorded. So most likely it wasn’t.
if the bank tries to pin this on me I will make a decision at the time what to do – I don’t expect to hear from them further.
Thanks for your support, by the way (I’m being sarcastic). It is amazing to me that every time I approach you with a problem you support the other side. Is it perhaps because I am not an Israeli? I get that feeling.
If I am stupid enough to get sued, which I doubt, I will remember not to call you, as I will definitely lose if I do.
Have a nice day further.
PS Actually I am an Israeli, just an English-speaking one – or perhaps you never support me because I am a woman and supposed to be stupid and need a man to tell me what to do, but clearly I am actually pretty smart, smarter than a lot of men, perhaps smarter even than you?”
So now you know more about what a small part of a day in an Israeli lawyer’s life is like! It isn’t an easy job to tell people when they are wrong because more often than not, I will be attacked for telling them the truth.
