2007-02-11 08:30:38 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I am a paralegal also.
My question is because I want to see how many of you actually know this answer.
Recently, on a forum, someone attempted to say I was giving legal advice; something I do not do!
So, the best answer gets the points.
2007-02-11 08:46:15 · update #1
Any legal advice from a non-attorney is illegal.
As a Paralegal, I can say "this is a will." I cannot say "this will will do X for you." That is legal advice.
2007-02-11 08:35:31 · answer #1 · answered by Dizney 5 · 2⤊ 0⤋
As a paralegal, a good rule of thumb would be to never advice anyone, whether they are your client or just a friend, on any legal matter. Giving any kind of legal advice to any person is considered the unauthorized practice of law. Just let that person know that you cannot give them any legal advice because it is against the law to do so and tell them that they would need to consult an attorney.
2007-02-11 14:19:20 · answer #2 · answered by Çåŗőľîņẫ§ħŷġĭ®ł 5 · 0⤊ 0⤋
Too funny! that would kill this whole area, wouldn't it?
I would think that the definition of practicing law without a license would be when you willfully claim to be an attorney, and are not, AND charge for those "services".
It has become common for people to come online, and post a question, ASKING for the opinion of other persons. Your opinion, based on your personal experience or research, is just that. I'd think that the person asking, has the responsibility to be aware of what they are doing.
Your opinion is just as valid as anyone else who is researching legal questions on their own, and reaching a personal conclusion.
Disclaimer: I am an intelligent person, who chooses to educate myself, and share my opinion with you. You have the freedom to think about what I say or reject it. If you want a lawyer, get off your butt and hire one. (that's for the person disputing you, not towards you).
2007-02-11 09:50:46 · answer #3 · answered by wendy c 7 · 0⤊ 0⤋
Representing you are an attorney! You can have an opinion on anything, even that of the legal nature!
For instance, for 16 years I investigated child abuse, wrote petitions that had to conform with law, and usually did my own preliminary hearing. After that we hired a contract attorney, usually!
I suspect I know more about the Child Protection Act and the laws, all the way to the US Supreme court, and the basis of PARENS PATRIAE (One of the more common situations where there may be threatened interests requiring state intervention involves the interests of minors and others of legal incapacity. Blackstone noted that under early English common law, the English sovereign was “'general guardian of all infants, lunatics, idiots.’” Fontain v. Ravenel, 58 U.S. 369 392-93 (1854) (Taney, J. concurring)(citing 3 W. Blackstone, Commentaries on the Laws of England 48 (1769)). English royalty originally enjoyed virtually unlimited power over the minors of their subjects. Over time, however, the Crown’s power became circumscribed by the rule of law, through the Magna Carta, the Writ of Habeas Corpus, and the continual evolution of the common law) and has much of it's basis in English Common Law and evolves in part ourt of the Magna Carta!
I can recite the Act almost verbatim and have investigated over 3,000 cases. I think I can hold my own against any attorney, and know more than 99.999 % of them in this area!
I am not patting myself on the back! That is just the way it is! I have yet to meet an attorney who has ever investigated a allegation of child abuse, but they would not hesitate to give you legal advice on something most know nothing about!
2007-02-11 08:51:31 · answer #4 · answered by cantcu 7 · 0⤊ 2⤋
I don't think this is a formal enough setting to be considered "practicing law" And for the bonus: I believe the attorney-client privilage is automatically waived as soon as you decide to take your legal situation to Yahoo! Answers.
2016-05-23 22:17:21 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Anyone can give legal advise because we have a free speech amendment in our constitutional guaranties. However if one represents himself as a lawyer and/or gives legal advice for a fee, he is giving the advice illegally (fraudulently). If a friend, neighbor, acquaintance etc. gives you the wrong legal advice and you suffer consequences from it, it's your ignorance not their advice that is at fault.
2007-02-11 08:50:30 · answer #6 · answered by MICHAEL M 2 · 0⤊ 1⤋
Well, as someone like myself who is not a lawyer, law student, or law-enforcement officer, I *believe* if I were to answer that question it might be giving legal advice in an illegal way.
But don't quote me on that.
2007-02-11 08:34:10 · answer #7 · answered by thedavecorp 6 · 1⤊ 2⤋
http://emporium.turnpike.net/P/ProRev/juries.htm
I doubt this is what you had in mind, but your question reminded me of the issue of jury nullification. I have heard of people being arrested for giving potential jurors information about their rights, and judges and attorneys giving juries illegal instructions because they don't know their rights.
2007-02-11 08:58:32 · answer #8 · answered by DJ 6 · 0⤊ 0⤋
if you advertise youself as an attorney but are not an attorney. Be careful of legal advice from non attorneys
2007-02-11 08:34:12 · answer #9 · answered by walter_b_marvin 5 · 1⤊ 2⤋
tha'd be practicing law without a license.
2007-02-11 08:34:14 · answer #10 · answered by Mikie 3 · 1⤊ 2⤋