... would it be considered that they are practicing law and if the y are and they were to answer a question from somebody out of state would they be considered practicing law in the state and unlicensed of the state the individual presented the question. Would that individual who presented the question were to act on that information, and found it to be false, have any course of remedy?
2007-04-02 09:22:52 · 8 answers · asked by the_contrarian 2 in Politics & Government ➔ Law & Ethics
If someone asks for specific legal advice and ANYONE, lawyer or not, provides a response with specific legal advice, the answerer would, generally speaking, be "practicing law." So, to answer your question, generally, if a lawyer does such a thing, then the asker could, in theory, pursue the lawyer for malpractice. If a non-lawyer provides incorrect legal advice, the most recourse you might have would be to report that person to the proper authorities where ever it is that they live, and if it happens to be illiegal for a non-lawyer to practice law without a license, that person may get into trouble. But all of this assumes you can find out who the answerer is.
In reality, however, a response to a question on this forum does not, generally speaking, create an attorney/client relationship (there may be exceptions, seek the advice of a lawyer in your area for details).
I am a lawyer, and this is my opinion, it should not be considered legal advice. If you want legal advice, seek the advice of a lawyer in your area.
2007-04-02 09:49:05 · answer #1 · answered by www.lvtrafficticketguy.com 5 · 0⤊ 0⤋
The position with lawyers (in England & Wales where I practice) is that where a lawyer provides advice in relationto a legal matter and in doing so hold himself out to be a lawyer and the person acts on that advice, then they may have recourse in law against that lawyer for negligence. This is so irrespective of whether payment was requested or received by the lawyer.
2007-04-02 10:02:28 · answer #2 · answered by Cyrus M 4 · 1⤊ 0⤋
People who ask and answer questions do it anonymously. When you seek free advice, you get what you paid for.
You would not get Y! to release the identity of the person who answers the question.
Even if you did identify the lawyer, you would have to find a lawyer to sue him. And you would have to show damages or pay an attorney to file suit. It ain't gonna happen.
I once asked a legal question. A lawyer answered. His information was good.
2007-04-02 09:30:58 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
In a public forum such as Yahoo answers, an attorney would be irresponsible to offer "legal" advice. Attorneys are licensed to practice law only in the state they reside.
You would not have any recourse against a person, regardless of their occupation, (attorney) if you chose to act on "legal advice" from someone in a public forum such as this.
2007-04-02 09:32:55 · answer #4 · answered by ken erestu 6 · 0⤊ 0⤋
If somebody takes for face value that the person on the other end of the computer is a lawyer, that is their own fault. Nobody should believe anybody is who they say they are without actually meeting them face to face and seeing their credentials.
2007-04-02 09:28:43 · answer #5 · answered by Eisbär 7 · 1⤊ 0⤋
Are you in law school? If not, you should go. You think like a lawyer. For better or worse.
2007-04-02 09:28:28 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i dont think the lawyer should be taken up to his word since he is not paid, its only advice. he is not obligated to advice right for free...it wouldnt even be considered "practice"
2007-04-02 09:30:51 · answer #7 · answered by Anonymous · 0⤊ 1⤋
nope...giving advice ..FREE...is advice and is not necessarily a legal opinion...it could be the persons opinion....and not practicing law
2007-04-02 09:34:22 · answer #8 · answered by Real Estate Para Legal 4 · 0⤊ 0⤋