What constitutes "Legal Advice"?

[PLMM8468]

What is the name of your state (only U.S. law)? Pennsylvania

I fear the answer to this question is an all-encompassing one, but that's why I'm asking. I am a Paralegal student and have been told from day one that I'm not allowed to give anyone "legal advice". Even common sense advice is now off limits if it involves any kind of legal action or information. But what about just explaining what the law says? Can I tell someone it's illegal to speed? I'm going to get just a little more technical.

This is all fake: My cousin Sarah tells me that since filing for divorce, her husband is making the home a grievous place to live. He yells at her and the kids, talks bad about her to his friends on the phone, loudly, and the children have to constantly hear about how "Mommy doesn't love us anymore", etc. Now I know for a fact that I can't tell her to seek an award of exclusive possession of the residence, but if she found out about this on her own, could she ask me to explain what it means?

Can I just tell someone what the law says as long as I don't throw in any advice or direct someone one way or the other?

 

[Zigner]

What is the name of your state (only U.S. law)? Pennsylvania

I fear the answer to this question is an all-encompassing one, but that's why I'm asking. I am a Paralegal student and have been told from day one that I'm not allowed to give anyone "legal advice". Even common sense advice is now off limits if it involves any kind of legal action or information. But what about just explaining what the law says? Can I tell someone it's illegal to speed? I'm going to get just a little more technical.

This is all fake: My cousin Sarah tells me that since filing for divorce, her husband is making the home a grievous place to live. He yells at her and the kids, talks bad about her to his friends on the phone, loudly, and the children have to constantly hear about how "Mommy doesn't love us anymore", etc. Now I know for a fact that I can't tell her to seek an award of exclusive possession of the residence, but if she found out about this on her own, could she ask me to explain what it means?

Can I just tell someone what the law says as long as I don't throw in any advice or direct someone one way or the other?

We don't do hypotheticals and we don't do homework (at least not your homework.)

 

[tranquility]

Even deciding what "law" applies and expressing it is legal advice.

If I tell the person who is driving that he is "speeding", I have come to a legal conclusion. If I tell him to slow down, that would be legal advice.

Now, a paralegal in training should know how to do research to find out how the State treats such things. You might as well learn now that the "law" is far different from the law.

 

[PLMM8468]

tranquility:

Thank you for your answer. I just want to know if I can tell someone what the law says, in general, not specific to them or any circumstances. Let's go with the speeding thing. If my buddy asks, "is it illegal to drive faster than the speed limit?", do I have to tell them to consult an attorney for professional services? I can't just tell them, "Yes, it's against the law to drive faster than the posted speed limit"?

And no, Zigner, I am not doing homework. This is a legitimate legal question as I am trying to protect myself and uphold the law through my actions. Why are you giving legal advice yourself if admitting you are not an attorney?

 

[ecmst12]

You're a student. Surely this is something you can get guidance for from your school.

 

[PLMM8468]

You're a student. Surely this is something you can get guidance for from your school.

You'd be surprised. Surely I'd be able to get an answer at a website called "Free Advice" lol..

 

[HomeGuru]

tranquility:

Thank you for your answer. I just want to know if I can tell someone what the law says, in general, not specific to them or any circumstances. Let's go with the speeding thing. If my buddy asks, "is it illegal to drive faster than the speed limit?", do I have to tell them to consult an attorney for professional services? I can't just tell them, "Yes, it's against the law to drive faster than the posted speed limit"?

And no, Zigner, I am not doing homework. This is a legitimate legal question as I am trying to protect myself and uphold the law through my actions. Why are you giving legal advice yourself if admitting you are not an attorney?

**A: oh I see, another one. And a student at that.

 

[tranquility]

If my buddy asks, "is it illegal to drive faster than the speed limit?", do I have to tell them to consult an attorney for professional services?

What do you think?

For a more precise answer:

Now, a paralegal in training should know how to do research to find out how the State treats such things. You might as well learn now that the "law" is far different from the law.

 

[PLMM8468]

What do you think?

I THINK there is nothing wrong with me telling someone that what the law says, as long as I am not using my own judgment or reasoning that the law does or does not apply to them, or that their actions do or do not fall under that law. Any such inference would be left for them to make on their own. In fact, the very few times that I have said anything to someone, I have always followed it with "But I can't tell you if or how that law applies to your situation. You need to find out for yourself or talk to a lawyer." I just want to give one more example.. It seems like some of you are enjoying my ignorance, though all of you should know that the law isn't crystal clear.

Dan tells me he was arrested for assault but says, "I didn't even touch her! I thought you had to touch someone for assault?". I tell him "The law generally defines assault as threatening someone with or creating an apprehension of physical harm. I can't tell you whether or not that applies here, or what you should do though. You need to talk to a lawyer." Is that wrong?

 

[LdiJ]

I THINK there is nothing wrong with me telling someone that what the law says, as long as I am not using my own judgment or reasoning that the law does or does not apply to them, or that their actions do or do not fall under that law. Any such inference would be left for them to make on their own. In fact, the very few times that I have said anything to someone, I have always followed it with "But I can't tell you if or how that law applies to your situation. You need to find out for yourself or talk to a lawyer." I just want to give one more example.. It seems like some of you are enjoying my ignorance, though all of you should know that the law isn't crystal clear.

Dan tells me he was arrested for assault but says, "I didn't even touch her! I thought you had to touch someone for assault?". I tell him "The law generally defines assault as threatening someone with or creating an apprehension of physical harm. I can't tell you whether or not that applies here, or what you should do though. You need to talk to a lawyer." Is that wrong?

I see nothing wrong with that...but I am not an attorney.

 

[tranquility]

Is that wrong?

Wrong? How so? Could you be arrested for murder? Probably not. Could you be sued for malpractice? Certainly. (Remember the difference between tort and criminal on assault? Why didn't you tell your friend?) Would it be unethical? No. You're not an attorney.

But, under strict reading of the common use of words, you are in violation of the law against giving legal advice without a license.

"But, everyone does it all the time!" you might say. And all I'll do is point to the statute and tell you to read it. "That's silly!" you'll plead. Again, I will just point.

What result?

The result is the same as for all laws, you don't know what the words mean until you look up the cases defining them. To KNOW what a law means takes a lot of research. Once finished, you will discover why so many attorneys say "it depends" when asked something, why there is always an argument about what the law is, and that other than representing someone in court, there is not a ton of clarity until you know the exact facts and do a case law search.

 

[quincy]

So in other words, if you ask an attorney the "Is it wrong?" question posed by PLMM8468, the best answer the attorney can provide is, "It depends" . . . . . followed rapidly by a bill from the attorney for legal services rendered.

 

[LdiJ]

So in other words, if you ask an attorney the "Is it wrong?" question posed by PLMM8468, the best answer the attorney can provide is, "It depends" . . . . . followed rapidly by a bill from the attorney for legal services rendered.

If that were true, then every answer ever given on these forums would be practising law without a license.

 

[tranquility]

If that were true, then every answer ever given on these forums would be practising law without a license.

Well, except for the answers given by attorneys who practice in the state of the OP (those would just be unethical), why would you think they aren't?

 

[las365]

Much depends upon how you present yourself. If, flush with your newfound "knowledge of the law," from your schooling, you proceed to explain what you think the law is, how it applies, what legal remedies are available, and how to go about using them, you are probably just being sort of a know-it-all. If you charge someone for telling him the above, you are practicing law without a license.

When you are being paid to communicate with clients or potential clients, you must be extremely cautious of what you say. People who call a law office seem to think that anyone who works there, including the receptionist or file clerk, has in-depth legal knowledge.

In your personal life, be responsible. You may have learned something's about family law in school, but you probably have no idea of how it works in real life. You can mention what you think may be an option, just don't present yourself as an authority. All it does is confuse people. I can't tell you how many times I have heard the words, "well my cousin told me..." precede the spouting of a legal myth, a la it's illegal to fire someone over the phone.

Feel free to share common knowledge such as "exceeding the speed limit is illegal."