follows the advice,
isn't the non-lawyer engaged in the unauhorized practice of law?
2007-10-14 12:37:28 · 11 answers · asked by rare2findd 6 in Politics & Government ➔ Law & Ethics
Technically, yes -- if they are applying the law to facts such that the advice is personal to the asker, or giving a legal conclusion.
Anyone can provide legal information, even a non-lawyer. That's why legal publishing companies and websites don't have to be staffed entirely by lawyers. But taking that information, and applying it as a "should or should not" is generally considered giving legal advice, which is the practice of law.
Now, most states (and most countries) don't make a big deal about people who do so anonymously (as here) and for no money (as here). In fact, in some jurisdictions, as long as you don't hold yourself out as an attorney, then it's not illegal -- even if it is still the unauthorized practice of law (UPL).
That's why you'll see a lot of attorneys on this site providing disclaimers -- and limiting their answers to legal information, or broad general statements, or limited to hypotheticals -- because even if you are an attorney licensed in one state, giving advice to someone else from a state where you are not licensed can still be considered UPL.
2007-10-14 13:36:03 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
Did money exchange hands? Was a retainer paid?
Prosecutions for the practice of law or medicine without payment are extremely rare. If a person acts upon solicited advice and harm ensues, it would be exceedingly difficult to pin that on some anonymous responder. Even if you identified me personally, could you prove I was the one who keyed in the answer, and not someone who hacked my account?
If you are in a court of law and are representing yourself based on council you received here, you're only half a step removed from having an idiot as a representative, to paraphrase an old saying. The law varies from state to state, and besides that, in legal matters, whoever hires the best law player tends to win. That's how, for example, OJ Simpson got away with murder.
2007-10-14 16:17:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is an "understood" in most cases within this forum that the advice given is (in most cases) from non-professionals -- so, unless one represents themselves AS such --- an individual who followed any advice given here that lead them into a real problem would have NO recourse under law to pursue !!
As a matter of FACT -- more often than not -- within the Y-A -- you will see again and again where individuals answering a particular question -- ESPECIALLY having to do with legal and medical subjects ---- advising the questioner to "seek professional help" --- it is a Standard of sorts within the forum !! And, one that should be duly noted !!!
2007-10-14 12:51:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Even if the questioner did not follow the advice, it could be argued that the unauthorized practice of law occurred. The Ohio Board of Commissioners on the Unauthorized Practice of the Law considered that very question in the matter of David Palmer's website, amoralethics.com (http://www.usatoday.com/tech/columnist/2002/02/01/sinrod.htm ). An article on the question in the context of paralegals discusses the issues around what exactly constitutes "practice of law" (http://www.dcba.org/brief/mayissue/2002/art40502.htm ).
2007-10-14 12:50:38 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, this is an ask and receive info at your own risk forum. People on this forum are ages from very young like 7, 8, 9 to people in their 80's probably. You're asking complete strangers and you have no way of knowing who is responding so you have to take answers with a grain of salt.
2007-10-14 12:47:17 · answer #5 · answered by First Lady 7 · 0⤊ 0⤋
Yes, potentially...even if the advice is not followed. If someone asks "I have ___ proof and so-and-so did this to me, should I sue them?" this potentially calls for a legal conclusion. It could also just call for a "should I forgive them?"
To cover myself, I tend to clearly state that I am not a lawyer (just a paralegal) and that my answer is not legal advice.
Anyone who makes a legal decision (other than to seek a real, in-person, licensed attorney from their jurisdiction) based on Yahoo Answers deserves whatever trouble they get into.
2007-10-14 12:45:31 · answer #6 · answered by Anonymous · 0⤊ 0⤋
As a Muslimah i comprehend that my mothers and dads could in no way have me in an arranged marriage. set up marriages improve into something they did back interior the day. in spite of the reality that persons nonetheless do it i do no longer think of its suited. you would be waiting to sit down down with this guy and refer to him and notice what hes all approximately. you're no longer likely to love him on the 2d, through fact love takes time to more advantageous. The extra you recognize someone and start to love them it grows to love. yet once you haven't any thoughts for him interior the beginning up then do no longer do something you will sense sorry approximately. you would be engaged first it is the way you get to comprehend someone. i do no longer understand why you're mothers and dads does no longer choose you to be engaged first. to respond to your different question no its no longer mandatory to "make love" the 1st night. yet i comprehend what your husband needs you ought to continually provide it to him. i'm hoping you discover what you're searching for and the better of success to you. Oh yea and no Im no longer married yet Im 20 bu I even have 4 older brothers who're married and Ive found out plenty from them :-)
2016-10-22 10:34:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
My lawyer says I don't have an opinion.
2007-10-14 12:50:21 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No. The answerer is not representing him/herself as a lawyer.
2007-10-14 12:42:42 · answer #9 · answered by Anonymous · 1⤊ 1⤋
nope, unless the person represents him/her self as a lawyer.
2007-10-14 12:43:31 · answer #10 · answered by Kevy 7 · 1⤊ 1⤋