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Nirvana, the issue is that you are providing a specific application of laws and rules to the OP's facts and suggesting a specific course of legal action. That

by rprasad 14y ago

Nirvana, the issue is that you are providing a specific application of laws and rules to the OP's facts and suggesting a specific course of legal action. That is, by definition, the practice of law in every state in America. (Though perhaps not necessarily rising to the level of unauthorized practice, which could result in fines or other penalties.) If you wanted to be on the safe side, you would have said "Generally, [Law X] says" or "Generally, in a situation like this, many people do [Y]." In your specific case, I would have said, "Prior to hiring to a lawyer, if you do the following research, you'll be well prepared to talk to whatever attorney you select to represent you in this matter." All of your comment is no longer legal advice, it's merely information about how to prepare to knowledgeably talk to a lawyer who will handle the actual representation. (This could be construed as legal advice. IAAL.)

jt2190 14y ago
My understanding is that the "practice of law" is to essentially act as a lawyer. In the United States, every citizen is guaranteed the right to practice law in their own defense. "Practice of law" on someone else's behalf when you are not a lawyer may incur fines, as most jurisdictions try to protect their citizens from being represented by someone who has no idea what they're doing. The line between talking about someone's legal troubles and "practicing law" are somewhat fuzzy, however. Is it really that common for someone who has not represented themselves as an attorney to be held accountable for providing bad legal advice in a posting on a message board?
- rprasad 14y ago
  Yes, in their own defense, but not in the defense of others unless they are licensed to practice. I have heard of a handful of cases (related to immigration law) where persons who offered legal advice were held accountable for providing bad advice online. They did not hold themselves out to be lawyers, but they did hold themselves out to be knowledgeable about immigration law. It's not common for people to be held accountable for this because not many people go so far as to cross the line into "unauthorized practice."
  - jt2190 14y ago
    It seems that one of the tests is whether the person offering legal advice is being compensated somehow, and another is whether there is some kind of ongoing relationship. (I'm imagining a scenario where someone offered their services as an "immigration consultant" for a fee, for example, and they made promises that they could help you navigate the red tape of immigration.) Maybe if one posted enough legal advice on a message board like this one, some kind of pattern could be established, and the person could get into some legal trouble.

by rprasad 14y ago

jt2190 14y ago

My understanding is that the "practice of law" is to essentially act as a lawyer. In the United States, every citizen is guaranteed the right to practice law in their own defense. "Practice of law" on someone else's behalf when you are not a lawyer may incur fines, as most jurisdictions try to protect their citizens from being represented by someone who has no idea what they're doing. The line between talking about someone's legal troubles and "practicing law" are somewhat fuzzy, however. Is it really that common for someone who has not represented themselves as an attorney to be held accountable for providing bad legal advice in a posting on a message board?

rprasad 14y ago
Yes, in their own defense, but not in the defense of others unless they are licensed to practice. I have heard of a handful of cases (related to immigration law) where persons who offered legal advice were held accountable for providing bad advice online. They did not hold themselves out to be lawyers, but they did hold themselves out to be knowledgeable about immigration law. It's not common for people to be held accountable for this because not many people go so far as to cross the line into "unauthorized practice."
- jt2190 14y ago
  It seems that one of the tests is whether the person offering legal advice is being compensated somehow, and another is whether there is some kind of ongoing relationship. (I'm imagining a scenario where someone offered their services as an "immigration consultant" for a fee, for example, and they made promises that they could help you navigate the red tape of immigration.) Maybe if one posted enough legal advice on a message board like this one, some kind of pattern could be established, and the person could get into some legal trouble.