Lawyers: Do You Think A Layperson’s Giving Legal Advice On Ya Constitutes The Unauthorized Practice Of Law

August 11, 2009 by Da Boss · 7 Comments
Filed under: General 

And bonus round: when a lawyer weighs in with legal advice on YA, is an attorney-client relationship created? And is the attorney-client privilege waived?
Anyone else find this a little worrisome? In California, the unauthorized practice of law is illegal (Cal. Business & Professions Code, sec. 6125 & 6126). I’m guessing it’s the same in the other 49 states.

Can You Be Held Responsible For Giving Somebody Bad Legal Advice?

August 6, 2009 by Da Boss · 4 Comments
Filed under: General 

Can you be held responsible for giving legal advice to someone and it turns out the advice you gave was illegal, hurt the person, sent them to jail, or put them ina bad financial situation? Assume these things though: the person who gave the advice never claimed to be a layer, have a degree, or certification, but did claim he knew what he was talking about. The person has no personal relationship with the person he gave the advice to. And the person who gave the advice had no intentions to harm the person they talked to in any way

Definition Of Giving Legal Advice In Regards To A Paralegal?

July 23, 2009 by Da Boss · 2 Comments
Filed under: General 

Following up on a previous question on here: Response: “A paralegal can not give legal advice.” …A paralegal can prepare documents, and advise about laws, but cannot give legal advice.
Can you help me discern, in generalized terms, what is and what is not legal advice? For instance, a personal case could be presented to a paralegal, and he/she could do/say X but not do/say Y.
If it is a simple spelled out misdemeanor charge, would it even be worth hiring such an individual to help with this case?
Thanks

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