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  #1  
Old 07-29-2007, 08:39 PM
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Location: Central Florida
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Practicing law without a license?

What is the name of your state? Allstates

I posted this in the "Legal Ethics and Lawyer Malpractice" section, but I'm posting here also because all who post here know me and I want alot of opinions:

A question has come up on another site and I want to get other's opinions on what constitutes practicing law, and giving legal advice unlawfully.


A Texas attorney has chastised me for posting general information regarding family law on another site. She posted that I am breaking the law by posting anything other than- "see an attorney in your state".

Long before I began posting on sites like this one, I researched some laws, and it appears to me that offering "legal" advice to others is NOT practicing law, as long as:
1. I am not getting payment of any kind.
2. I do NOT state that I am an attorney.
3. I am not in a profession that prohibits me from giving any advice connected with my job. (like a court clerk, etc).

Am I correct?
Am I doing anything legally wrong by posting general advice?

Thanks in advance.
Gracie
  #2  
Old 07-30-2007, 12:56 AM
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Join Date: Jan 2007
Location: Michigan
Posts: 5,427
Gracie3787 - This is being answered under "Legal Ethics and Lawyer Malpractice"
  #3  
Old 07-30-2007, 01:01 AM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,183
Also, read the TOS of this site.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #4  
Old 07-30-2007, 07:26 AM
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Join Date: May 2004
Posts: 43,077
Quote:
Originally Posted by Shay-Pari'e View Post
Also, read the TOS of this site.
Shay, this isn't a newbie...its Gracie and she has been around here longer than either one of us.
  #5  
Old 07-30-2007, 07:27 AM
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Join Date: May 2004
Posts: 43,077
Quote:
Originally Posted by Gracie3787 View Post
What is the name of your state? Allstates

I posted this in the "Legal Ethics and Lawyer Malpractice" section, but I'm posting here also because all who post here know me and I want alot of opinions:

A question has come up on another site and I want to get other's opinions on what constitutes practicing law, and giving legal advice unlawfully.


A Texas attorney has chastised me for posting general information regarding family law on another site. She posted that I am breaking the law by posting anything other than- "see an attorney in your state".

Long before I began posting on sites like this one, I researched some laws, and it appears to me that offering "legal" advice to others is NOT practicing law, as long as:
1. I am not getting payment of any kind.
2. I do NOT state that I am an attorney.
3. I am not in a profession that prohibits me from giving any advice connected with my job. (like a court clerk, etc).

Am I correct?
Am I doing anything legally wrong by posting general advice?

Thanks in advance.
Gracie
Think about it this way Gracie.....if it were illegal, all of these types of forums (and there are multitudes of them on the net) would have been shut down a long time ago.
  #6  
Old 07-30-2007, 01:37 PM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,183
[quote=LdiJ;1681717]Shay, this isn't a newbie...its Gracie and she has been around here longer than either one of us.


What does that matter?
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #7  
Old 07-30-2007, 01:38 PM
Senior Member
  
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,183
[quote=LdiJ;1681717]Shay, this isn't a newbie...its Gracie and she has been around here longer than either one of us.

Not that it matters, but you are wrong.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #8  
Old 07-30-2007, 01:40 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,057
Quote:
Originally Posted by quincy View Post
Gracie3787 - This is being answered under "Legal Ethics and Lawyer Malpractice"
I'm not going looking for that other thread so I will just say, "Gracie, tell that lawyer to BITE BIG ROCKS!!!"

And you may quote me....
__________________
There are two rules for success:

(1) Never tell everything you know.
  #9  
Old 07-30-2007, 02:43 PM
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Join Date: Jun 2004
Posts: 7,785
Quote:
Originally Posted by LdiJ View Post
Think about it this way Gracie.....if it were illegal, all of these types of forums (and there are multitudes of them on the net) would have been shut down a long time ago.
Dangerous logic. There are (I hear) a multitude of websites that have kiddie porn on the net, so they're legal too?

However, this is a state-specific question, so until we have one, it's hard to say exactly what is prohibited. A website like this would probably not trigger the UPL statute, but no promises.
__________________
Quote:
Originally Posted by quincy
Nobody likes to be told they suck, even if they do.
  #10  
Old 07-30-2007, 07:34 PM
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Join Date: Aug 2004
Location: Central Florida
Posts: 4,944
Thanks for the replies. I did look up the Texas codes so I know that I'm not doing anything wrong. Since that site has seperate forums for each state, I've solved the problem simply by deciding not to post in the Texas section anymore. (I've got enough in my life to deal with without having to deal with a snippy attorney when I don't have to)

Shay, I am going to delete the other thread.
  #11  
Old 07-30-2007, 08:23 PM
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Join Date: Feb 2002
Location: Bikini Atoll
Posts: 5,597
Quote:
Originally Posted by Gracie3787 View Post
Thanks for the replies. I did look up the Texas codes so I know that I'm not doing anything wrong. Since that site has seperate forums for each state, I've solved the problem simply by deciding not to post in the Texas section anymore. (I've got enough in my life to deal with without having to deal with a snippy attorney when I don't have to)

.
In addition to TOS of websites, there's a difference between advice and advise. Tell that to Ms. Snippy, along with biting rocks.
__________________
It's no wonder that truth is stranger than fiction. Fiction has to make sense. ~ Mark Twain
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