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Out of curiosity, are you a lawyer or is this comment missing the IANAL disclaimer that is customary when opining about legal matters? At least some disclaimer
by lolinder 2y ago
Out of curiosity, are you a lawyer or is this comment missing the IANAL disclaimer that is customary when opining about legal matters?
At least some disclaimers aren't just noise—they add context that would otherwise be missing to help the reader navigate the subtext. The "this is not my work" portion of that disclaimer is highly relevant and useful information for interpreting the blog. The afformentioned IANAL disclaimer helps readers to understand whether your opinion has any stronger basis in law than their own.
I also strongly suspect that some disclaimers would have legal value in the event of someone misusing information being dispensed, but IANAL.
- prepend 2y agoI am not a lawyer, but didn’t include the disclaimer because I don’t think it’s relevant to my comment. Even were I a lawyer, it should carry the same weight. Some random, kind internet stranger sharing ideas. I think it distracts from the conversation as I wasn’t giving legal advice but just thinking about how useful and relevant disclaimers are. The comment is more about too much bullshit language used in our lives, so I think minimizing (or at least intending and attempting to) bullshit in my own comments is something I can control.
- thinkmassive 2y agoWhen a lawyer posts on a forum topic related to the law they usually tell you they’re a lawyer, but not your lawyer and it’s not legal advice. Safe to assume everyone else is not a lawyer.
- lolinder 2y agoProbably safe, yes, though it's still polite to leave the marker for other people to follow later. And, to the topic at hand: if lawyers consistently do that, that again speaks to the legal value of at least some disclaimers.
- randomdata 2y agoAppeal to authority is considered a courtesy nowadays? Fascinating. Like the previous commenter points out, actual lawyers are quite clear that their statements in this kind of non-professional capacity hold no more weight than any other random Joe. There is no situation of authority. IANAL/IAAL may have once been a funny meme – albeit one quite tired at this point – but doesn't add anything, and may be a detractor if one falls prey to the logically fallacy it potentially introduces.
- PawgerZ 2y agoDefering to an Expert =/= Appealing to Authority
- deleted 2y ago[deleted]
- randomdata 2y agoConcluding that a statement holds greater significance because it was stated by an expert === appeal to authority. The person is irrelevant. Just as lawyers regularly point out, their work done outside of a professional context is no different than work done by anyone else. Their expertise is only significant in that when work is done in a professional context they promise to go over and above to put in the proper care to ensure that the work stands up to scrutiny. But even then the work must stand alone! They cannot just throw down whatever gobbledygook and call it something notable just because they are acting as a lawyer. The person is irrelevant. As before, it used to be a funny meme – albeit one that has become tired – but there is no significance to it. Who the person is tells absolutely nothing about the rest of the comment.
- lolinder 2y ago> Just as lawyers regularly point out, their work done outside of a professional context is no different than work done by anyone else. This is not at all what "I'm not your lawyer" means—that's a disclaimer to say that they're not taking legal liability for their advice to you because you're not paying them. They're still far more qualified than I am to talk about law in the abstract and dismissing that as "appeal to authority" is a false appeal to egalitarianism.
- ryandrake 2y agoThey usually don't stick "DISCLAIMER" in all caps in front of that note, as if the word itself was some kind of magical incantation.
- codecutter 2y agoThis reminded me the commercial "I am not a lawyer, but I did stay at Holiday Inn last night".
- gosub100 2y agomerely being a lawyer still isn't enough. They would have to be licensed in the state in which the potential action took place, and fully informed about the circumstances.