Tuesday, November 22, 2011

If I stood outside the courthouse telling everyone to plead not-guilty would that quailify as ';Legal advice'; ?

Here's the general difference between legal information and legal advice.





Suppose I tell you that the tort of negligence requires that you have a duty of care, that you generally must act as a reasonable person in the situation, and that if you breach your duty of care such that the breach results in someone else being harmed. That's legal information. I've defined the elements of negligence.





Now suppose I tell you that your duty in this particular situation is X-Y-Z, and that in this particular situation your actions were or were not a breach. Suppose I further tell you that to defeat a claim against you for negligence in this particular situation, you would need to prove or disprove A-B-C facts. That's legal advice, because it pertains directly to your specific situation, and because it analyzes your particular rights and obligations in the situation.





If I told everyone to plead not-guilty, without knowing anything about their situation, that wouldn't be giving information particular to their situation. However, if they reasonably relied upon my statements, it could affect their rights and obligations.





It's a running joke that whenever you ask an attorney a question, the initial answer is ';it depends';. That's because legal advice analyzes an outcome (liability, guilt, etc) depending upon many specific facts. If the answer doesn't depend on any facts, and isn't specific definition of rights and obligations, then it probably wouldn't be considered legal advice.





The line between them matters, because a non-lawyer can provide legal information. However, providing legal advice without a license may constitute unauthorized practice of law.If I stood outside the courthouse telling everyone to plead not-guilty would that quailify as ';Legal advice'; ?
no exactly, but they may find you donig something else wrong- stay homeIf I stood outside the courthouse telling everyone to plead not-guilty would that quailify as ';Legal advice'; ?
are you a lawyer?
yea
perhaps you should do it from the bottom of a cliff





get it?
You could try that... Probly depended which court house you stood out front of. Alot are the Kangaroo courts. (slang for Minds already made up)
YOU HAVE GOT TO BE KIDDING RIGHT!
Maybe you could qualify it by wearing a tee-shirt that says: ';The information you obtain from me is not, nor is it intended to be, legal advice.'; That's what all those websites do.
funny
Not unless they asked you what they should do.

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