Re: that last paragraph aimed at anybody in particular?

Posted by poor lawyer (24.88.34.92) on August 23, 2002 at 22:35:45:

In Reply to: Re: that last paragraph aimed at anybody in particular? posted by Why Chat on August 23, 2002 at 20:50:12:

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Suppose a lawyer receives a message setting forth a certain fact pattern involving a debtor/creditor issue and requesting legal advice. Savitt suggests that the lawyer could respond by saying, "In general, when someone repossesses a car, a person has the following remedy?" and conclude with "?and contact your local lawyer."
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And how is that any different from what I am doing?

While an attorney who dispenses legal advice may face civil liability, a non-lawyer who dispenses legal advice--whether it is good advice or bad--is guilty of a crime in all 50 states. As well as facing civil liability.

I have not instructed anybody to declare bankruptcy.

I have not instructed people to waive their rights to certain defenses (i.e. personal jurisdiction, proper service, SOL) by filing a response to a complaint improperly.

And aside from a mathematical error, I have not improperly stated the law.

You have done all of these things.

You give advice. I give explanations.

As for disclaimers, they are almost meaningless. You cannot waive liability with a disclaimer, although it may be a factor in certain instances. And you MIGHT be interested to know that a disclaimer will not protect YOU from CRIMINAL liability.

And finally, I am well aware of my ethical duties and obligations without aid of those links. A copy of the Rules of Professional Conduct is on my desk at all times (as are other Court Rules) and is referred to several times a week.

But thank you for your concern.

poor lawyer, esq.

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