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https://www.google.com/search?q=unauthorized+practice+of+law https://www.google.com/search?q=unauthorized+practice+of+law "[A]s the term is generally understoo

by law 14y ago

https://www.google.com/search?q=unauthorized+practice+of+law https://www.google.com/search?q=unauthorized+practice+of+law "[A]s the term is generally understood, the practice of the law is the doing and performing services in a court of justice in any matter depending therein through its various stages and in conformity with the adopted rules of procedure. But in a larger sense it includes legal advice and counsel and the preparation of legal instruments and contracts by which legal rights are secured although such matter may or may not be depending in a court of law." (People v. Merchants Protective Corp. (1922) 189 Cal. 31, 535, quoting Eley v. Miller (1893) 7 Ind. App. 529 [emphasis added]).

mindcrime 14y ago
And none of that mentions "posting offhand comments on a random Internet forum." Here's some unauthorized legal advice for ya: Posting your opinion on random legal matters on HN has about 0.00000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000001% probability of every resulting in any legal backlash for the commenter. And in a country which is supposed to cherish free speech as a principle, we should absolutely all feel good about giving our opinions, and if the courts have a problem with that, telling the courts to go fuck themselves.
Klinky 14y ago
Doesn't someone have to advertise that they are practicing law and take a fee despite not having credentials to back it up for what you quoted to matter? But maybe you can't answer that because it would qualify as the unauthorized practice of law to do so. Maybe your quote alone is enough to put you in jail, it sure looks like you're offering advice/opinion regarding a law. Someone on the Internet explaining how to file for divorce, bankruptcy, or commenting about legal issues related to a startup seems outside of the scope of "unauthorized practice of law". Does this mean legal advice on the Internet is good advice? No. But I think it's far from illegal unless someone claims to be a lawyer & accepts fees for services. But now I am probably going to jail thanks to expressing an opinion on how I viewed the law you quoted.
pbreit 14y ago
Has anyone ever been charged under this for posting on a web forum?

by law 14y ago

mindcrime 14y ago

And none of that mentions "posting offhand comments on a random Internet forum." Here's some unauthorized legal advice for ya: Posting your opinion on random legal matters on HN has about 0.00000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000001% probability of every resulting in any legal backlash for the commenter. And in a country which is supposed to cherish free speech as a principle, we should absolutely all feel good about giving our opinions, and if the courts have a problem with that, telling the courts to go fuck themselves.

Klinky 14y ago

Doesn't someone have to advertise that they are practicing law and take a fee despite not having credentials to back it up for what you quoted to matter? But maybe you can't answer that because it would qualify as the unauthorized practice of law to do so. Maybe your quote alone is enough to put you in jail, it sure looks like you're offering advice/opinion regarding a law. Someone on the Internet explaining how to file for divorce, bankruptcy, or commenting about legal issues related to a startup seems outside of the scope of "unauthorized practice of law". Does this mean legal advice on the Internet is good advice? No. But I think it's far from illegal unless someone claims to be a lawyer & accepts fees for services. But now I am probably going to jail thanks to expressing an opinion on how I viewed the law you quoted.

pbreit 14y ago

Has anyone ever been charged under this for posting on a web forum?