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About Legal Advice
Thursday, February 05, 2009
InstructionsThose Who Can Give Legal AdviceStep 1: Who can give legal advice? The answer is simple--one who is licensed to practice law. That being the case, why do people who watch "Judge Judy" daily feel they're at liberty to dispense legal advice? The hairdresser may offer advice on a quick divorce. The plumber may detail how to write a will. The key is knowing the difference between opinion and advice. Legally, only a licensed attorney can distribute legal advice. Anyone else is merely stating their opinion.
Those Who Cannot Give Legal AdviceStep 1: While the average citizen shouldn't dole out legal advice, they aren't prosecuted for doing so--unless they impersonate an attorney. However, there are individuals who are punished for giving legal advice. Certain people are privy to legal information on a daily basis and, as such, have a general understanding of the law. These people include court employees, paralegals, law clerks and other legal support staff. These individuals know more than the average person and are accountable for what they say. A court employee can instruct someone how to fill out a form, but they can't give them the legal language ensuring a better decision.
The Attorney/Client RelationshipStep 1: Establishing the attorney/client relationship is important, as it allows the attorney to bill the client and the client to expect proper legal representation. In order for this relationship to exist, the client must indicate that they want the lawyer to represent them, the lawyer must agree to or decline representation and the client should understand whether they are represented.
This relationship becomes confusing when legal advice is addressed conversationally. Normally, when a lawyer has a conversation with someone at a social gathering, it is not viewed as a formal attorney/client relationship. However, legal ethics educators say "lawyer beware," certain language in a casual setting can lead a client to believe they've hired the attorney.
The Unauthorized Practice of LawStep 1: In general, practicing law means acting like an attorney or doing things an attorney would do. Therefore, an unlicensed person acting like an attorney is engaging in the unauthorized practice of law (UPL). In most states, this is a misdemeanor that could become a felony if fraud is involved. What about giving legal advice, does it constitute UPL? The general consensus is that in a casual setting it usually doesn't and the argument would be hard to prove. The exception is the person who impersonates a lawyer or a member of the legal support staff who oversteps their bounds.
Online Legal AdviceStep 1: The issue of attorney/client relationships is especially sensitive with regard to online legal forums. Do attorneys, who answer legal questions online, establish a relationship with their unknown clients? As a fairly new topic, this point is still being argued in the courts. When asked to make decisions on the topic, both Illinois and Arizona officials warn against attorneys providing advice online saying it could very well establish a relationship. However, South Carolina and Tennessee say if the advice is general in nature, it shouldn't form a relationship.
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