Why Post "I am not a lawyer...?

[Abraham]

Is posting "I am not a lawyer" really necessary every time someone offers their opinion?

Are we all so afraid of litigation we need to post such a disclaimer ?

Am I the only one who finds this unnecessary?

Or, am I wrong and we should always post INAL to keep legal ramifications at bay?

Perhaps, if it is necessary we could start a sign up sheet stating we're not lawyers thus eliminating the need to post such disclaimers?

Opinions?

[Keith B]

Is posting "I am not a lawyer" really necessary every time someone offers their opinion?

Are we all so afraid of litigation we need to post such a disclaimer ?

Am I the only one who finds this unnecessary?

Or, am I wrong and we should always post INAL to keep legal ramifications at bay?

Perhaps, if it is necessary we could start a sign up sheet stating we're not lawyers thus eliminating the need to post such disclaimers?

Opinions?

I think it should be clear that if you are giving your opinion you let them know it is coming from a person who has no formal legal backgound.

But then, that is just my personal opinion because IANAL.

[Oldgringo]

[joe817]

I agree. Stating an opinion on something that could be a legal issue, can be a slippery slope. If someone acts on our "opinion" that has legal implications and that action results in something bad happening to the person that took our advice, then all sorts of bad things could happen in court, if you were blamed for giving that opinion.

I believe it is just a prudent thing to do under the circumstances.

That's my opinion, and no I'm not going to say it.

[USA1]

It's because if you happen to make an inaccurate statement you get jumped on and challenged.

Disclaimer..I may be wrong.

[stevie_d_64]

But I stayed at Holiday Inn Express last night...So I feel like I can do anything!

[Ropin]

I don't think it hurts to have it on there; those of us who visit regularly know fairly well which posters are legal gurus and which posters are giving opinions without a legal background. However, it behooves us to remember that there are countless folks who pop in everyday from various search engine queries, and most of those folks know nothing about any of us.

The IANAL disclaimer is a fair way to warn folks who wouldn't know otherwise when an opinion is just an opinion, and should not be taken as firm advice/counsel. Especially when you consider that we're all trying to promote responsible gun ownership and carry...I'd hate to think that a lame-brained idea or suggestion I threw out one day (possibly even tongue-in-cheek) was taken to heart by someone who subsequently got in deep trouble for it...whether they try to sue me for it or not is irrelevant.

My two cents.

[Abraham]

O.K.

Let's beat this horse a little further.

If you state something is your - OPINION - why wouldn't that be adequate in and of itself?

Opinion defined: A personal belief or judgment that is not founded on proof or certainty

[Keith B]

O.K.

Let's beat this horse a little further.

If you state something is your - OPINION - why wouldn't that be adequate in and of itself?

Opinion defined: A personal belief or judgment that is not founded on proof or certainty

I still feel it is important to let them you the opinion given is from a person without legal training vs. a lawyer. Opinions of lawyers, LEO's and lawmakers hold more water for me vs. someone who may or may be full of beans. (Not that there aren't some of the later in that category.)

[joe817]

O.K. Let's beat this horse a little further. If you state something is your - OPINION - why wouldn't that be adequate in and of itself? Opinion defined: A personal belief or judgment that is not founded on proof or certainty

The courts of the land offer opinions, and it becomes law, or precedents. An opinion by an attorney, is legal advice, IMO.

Everything said on this forum is an opinionated viewpoint, so it's best to put in the disclaimer, as far as I'm concerned.

[RPB]

Is posting "I am not a lawyer" really necessary every time someone offers their opinion?
Are we all so afraid of litigation we need to post such a disclaimer ?
Am I the only one who finds this unnecessary?
Or, am I wrong and we should always post INAL to keep legal ramifications at bay?
Perhaps, if it is necessary we could start a sign up sheet stating we're not lawyers thus eliminating the need to post such disclaimers?

Opinions?

If you have ever been investigated for UPL, you would too.
It's in my signature because:
I'm retired from 25 years in a law office.
I was accepted to law school.
I took law school courses with law school textbooks taught by Law school professors at a law school.
I tutored quite a few people who are now lawyers.
I was given special dispensation to give jury arguments in Court "inside the bar" in certain cases.
I was a member of a division of the State Bar.
Many many years ago, I was once investigated for UPL, though that was cleared up in my favor. I always worked under the close supervision of an attorney and gave him the best I could when he asked me what to do. We won every appeal except one (about 20/estimated) and every Supreme Court case we paticipated in (about 5)
I do not want to be mistaken for an Attorney, I have relatives who are, and I can make lawyer jokes now that I couldn't if I was one.

That's my layman's opinion, not a legal opinion, and worth every penny you paid for it.

[Keith B]

To clarify RPB's post, UPL is Unauthorized Practice of Law

[RPB]

To clarify RPB's post, UPL is Unauthorized Practice of Law

Yes, sorry about that, thanks Keith.

http://www.txuplc.org/" onclick="window.open(this.href);return false;

http://www.txuplc.org/applicable_law.htm" onclick="window.open(this.href);return false;
Sec 81.102 Govt Code (b)(2) and (3) relate to why I was permitted by a judge, with agreement by opposing Counsel, to give closing arguments to a jury (limited practice of law/practicing law inside the bar) in a particular case actually tried by my supervising attorney. I have never presented myself as an attorney, and for over 25 years, always made it clear I'm not.

The whole UPL investigation was a real pain, although I found it amusing too in an ironic way, because there had never been a UPL complaint, but rather a grievence letter against another person in the firm, (the same person who wrote the letter actually cleared up the misunderstanding with the UPL committee, and ended up as a real happy client of that firm) and the note had just mentioned that I had "been a great help" to that person. The grievance committee forwarded the letter to the UPL committee, who ASSUMED I was "practicing" because I "helped" the person. And what was ironic was one of the lady lawyers on the grievance committe we studied together, and she used to flirt with me before school, but that's another story. Heck hath no fury like a ...

That all occurred many years ago, just before any Paralegal schools or Legal Assistant schools existed, and the UPL Committee was out to catch people, like the ones who were selling "do-it-yourself divorce kits" etc. who weren't lawyers.

[Drewthetexan]

Is there any precedence for someone getting tangled up in legal matters because they offered up an opinion about some law and another person acted on that opinion?

Unless the website clearly states free legal advice, attorneys at law, etc.. I can't see how any advice on a public forum could be construed as legal advice. But then, IANAL.

[PUCKER]

I don't think it's necessary...but then again...no...sorry, I can't post IANAL....LOL...oh wait...I just did...LOL

I look at it this way...if someone takes advice from an internet forum/post/blog without putting their own "thinking cap" on and then that person does something stupid/illegal/unwise because of it...well, as the saying goes..."here's your sign!"

I always get a kick out of those folks that say "well, I saw it on the internet*, it must be true."

LOL

Maybe this is a better approach, and how I look at it...think of it as the "default setting" - I don't take ANY advice from an internet forum/post/blog as LEGAL ADVICE unless the poster puts this out there - "hey, I'm a lawyer that specializes in this area and this is my opinion on this matter.." - that's just me though.

*NOTE: insert news, newspaper, TV, etc. in place of internet.