For our Attorneys on the Board

[Mr. P]

Define "Legal Advice" vs "Information".

Where is the line between one and the other?

[chesswarsnow]

Sorry bout that,


1. Im no lawyer, but one is paid for the others free.
2. The freebie may not be complete either.



Regards,
SirJamesofTexas

[Mr. P]

PMP, AV, Abbey????????

[jimnyc]

Define "Legal Advice" vs "Information".

Where is the line between one and the other?

While not an attorney, I've seen the subject discussed before. I think by "legal advice", you would mean paid advice from a bar certified attorney, as opposed to "information", which is what a friend might offer as advice in passing. Or at least that would be by definition.

I believe lawyers when being paid for advice are obviously held to higher standards and ethics, and there can be malpractice and/or legal battles within themselves if their is faulty work performed for a client and damages can be awarded.

What I'm offering you right now is simply "advice" if you want to look at it that way, and no client/attorney relationship is being performed at all. No client/attorney relationship, then the advice giver likely can't be held responsible in any way.

I'd still wait for the others. My advice and $2 will get you a cup of coffee here in NY!

[Mr. P]

Define "Legal Advice" vs "Information".

Where is the line between one and the other?

I should rephrase my question.

Define "Legal Advice" vs " Legal Information".

[jimnyc]

I should rephrase my question.

Define "Legal Advice" vs " Legal Information".


Legal information and legal advice can both be useful in many different situations. However, it is important to know when you need one or the other. Legal advice can only be provided by a licensed attorney. Legal advice is when an attorney applies his or her legal expertise to your specific fact situation, and tells you how you should proceed.

Legal information, on the other hand, can be given by anyone who is knowledgeable on the law. It is simply a statement of what the law is, without any application to your particular situation, leaving up to you the decision of how to proceed. Given the costs associated with hiring a lawyer, it is good to know when you need legal advice, and when you simply need legal information.

Legal advice should be sought when you have a legal problem and do not know how to proceed. This could include filing a lawsuit, or being sued. Also, if you are faced with a contract which you do not understand, you may want to seek a lawyer to advise you of what the contract says, and how it might change your legal situation.

Legal information is indicated in many more situations. If you have a question of whether or not a certain act is legal in the abstract, without regards to your specific situation, legal information will probably suffice.
http://www.legalmatch.com/law-library/article/legal-advice-vs-legal-information.html

[PostmodernProphet]

I am not aware that the law defines either one....you'll just have to go with a standard dictionary definition, I expect.....

[Mr. P]

I am not aware that the law defines either one....you'll just have to go with a standard dictionary definition, I expect.....

Your opinion of Advice vs information?

[Yurt]

While not an attorney, I've seen the subject discussed before. I think by "legal advice", you would mean paid advice from a bar certified attorney, as opposed to "information", which is what a friend might offer as advice in passing. Or at least that would be by definition.

I believe lawyers when being paid for advice are obviously held to higher standards and ethics, and there can be malpractice and/or legal battles within themselves if their is faulty work performed for a client and damages can be awarded.

What I'm offering you right now is simply "advice" if you want to look at it that way, and no client/attorney relationship is being performed at all. No client/attorney relationship, then the advice giver likely can't be held responsible in any way.

I'd still wait for the others. My advice and $2 will get you a cup of coffee here in NY!

excellent analysis....PMP is right, the law has not really specifically defined the difference, however, in CA the bar has offered some guidelines and the AG has given some official opinions on the matter and some court cases have discussed it, but not definitively. my understanding is:

advice: really is defined by what the listener thinks, rather than what the person speaking thinks. the attorney must be aware of what the other person could or should think. it really comes down to reliance. are your words regarding legal discussion going to be relied upon in a manner that someone will make a legal decision, use their legal rights based upon what you tell them to do.

information: nothing is relied on, it is just me saying....well...my opinion or understanding (hence why i said that above) is....

and like you said, advice creates an attorney/client relationship....

[Mr. P]

excellent analysis....PMP is right, the law has not really specifically defined the difference, however, in CA the bar has offered some guidelines and the AG has given some official opinions on the matter and some court cases have discussed it, but not definitively. my understanding is:

advice: really is defined by what the listener thinks, rather than what the person speaking thinks. the attorney must be aware of what the other person could or should think. it really comes down to reliance. are your words regarding legal discussion going to be relied upon in a manner that someone will make a legal decision, use their legal rights based upon what you tell them to do.

information: nothing is relied on, it is just me saying....well...my opinion or understanding (hence why i said that above) is....

and like you said, advice creates an attorney/client relationship....

What about conversations with a Paralegal? This is the line I face everyday..what is, is not "Legal" advise.

I've read that even someone that helps you fill out a form may be guilty of giving "Legal" advice.

This seems to be a push by the Bar to protect their turf..but I have also read that in some states the law says it ranges from a misdemeanor to a felony. Heck they even speak of CPAs and Notory public's being guilty of giving "Legal" advice.

Me...if someone calls facing foreclosure and wants to save their home but are unemployed and I tell them they have 3 options...1. they must be employed to file a chapter 13. 2. or catch the payments up. 3. or walk and file a chapter 7 instead of a 13 and lose the home ...Is that legal advise or legal information based on the Bankruptcy law requirements?

[Yurt]

What about conversations with a Paralegal? This is the line I face everyday..what is, is not "Legal" advise.

I've read that even someone that helps you fill out a form may be guilty of giving "Legal" advice.

This seems to be a push by the Bar to protect their turf..but I have also read that in some states the law says it ranges from a misdemeanor to a felony. Heck they even speak of CPAs and Notory public's being guilty of giving "Legal" advice.

Me...if someone calls facing foreclosure and wants to save their home but are unemployed and I tell them they have 3 options...1. they must be employed to file a chapter 13. 2. or catch the payments up. 3. or walk and file a chapter 7 instead of a 13 and lose the home ...Is that legal advise or legal information based on the Bankruptcy law requirements?

it really is fact specific. i would like to give you a definitive answer, however, i am not licensed to practice in your state and do not want to give you legal advice. paralegals or other non-attorney's often do give legal advice, in CA, that is illegal. it is about protecting the turf to a degree, however, it is about making sure that the advice you get is good and reliable.

imo, not advice, just opinion, i don't think you're necessarily giving legal advice as you're merely telling them "options" that are available. if you say more, you may or may not be giving legal advice. in CA there is a hotline with the bar that you can call to get answers to these types of questions. try your state bar and see if they have a hotline as well.

[Psychoblues]

Lawyers operate for a fee or other compensation. In lieu of compensation trust is expected. Wuz the problem?!?!??!?!?!?!

:beer::cheers2::beer:

Psychoblues

[PostmodernProphet]

Your opinion of Advice vs information?

if I provide you with information I am not advising you what your decision ought to be......if I recommend a course of action based on the information available, I am advising you......how's that?....

[Yurt]

Lawyers operate for a fee or other compensation. In lieu of compensation trust is expected. Wuz the problem?!?!??!?!?!?!

:beer::cheers2::beer:

Psychoblues

if a lawyer gives you advice, they are legally responsible and liable for that advice given. we are required to carry malpractice insurance.

[Psychoblues]

Wuz I wrong, yuk?!??!?!?!?!?!?!???!



if a lawyer gives you advice, they are legally responsible and liable for that advice given. we are required to carry malpractice insurance.

Good to see you, cowgirl!!!!!!!!!!!!!!!

:beer::cheers2::beer:

Psychoblues

[Mr. P]

if I provide you with information I am not advising you what your decision ought to be......if I recommend a course of action based on the information available, I am advising you......how's that?....

That's the same way I see it, PMP. It seems many State Bars and some attorneys don't share our opinion though. I'm not having any trouble with what I do, I just want to be sure I don't cross that line which seems to be pretty thin and moves around from call to call sometimes. So, I thought I'd ask some attorneys. THANKS for yer input. You too, Yurt.

[Yurt]

That's the same way I see it, PMP. It seems many State Bars and some attorneys don't share our opinion though. I'm not having any trouble with what I do, I just want to be sure I don't cross that line which seems to be pretty thin and moves around from call to call sometimes. So, I thought I'd ask some attorneys. THANKS for yer input. You too, Yurt.

its true, some state bars do not see it exactly that way. the state i went to lawschool in the rules were different....we were instructed that to even use our knowledge gained from lawschool could violate the rules against practicing law without a license.

for me....i would think about the reliance part (what would a reasonable person think), because that is what will most likely get you in trouble is someone claiming on they relied on what you said, whether you intended it as advice or not.....