Comments on: Definition of giving legal advice in regards to a paralegal? http://www.hemplinglaw.com/litigation-2/definition-of-giving-legal-advice-in-regards-to-a-paralegal Blog for Lawyers Sat, 13 Nov 2010 17:14:59 +0000 hourly 1 http://wordpress.org/?v=3.1.2 By: Melli http://www.hemplinglaw.com/litigation-2/definition-of-giving-legal-advice-in-regards-to-a-paralegal/comment-page-1#comment-1266 Melli Fri, 29 Jan 2010 12:24:59 +0000 http://www.hemplinglaw.com/legal-advice/definition-of-giving-legal-advice-in-regards-to-a-paralegal#comment-1266 Legal advice is generally defined as the assessment and application of principles of law to a particular factual situation. It involves the application of legal principles to facts in a manner that (1) in effect predicts a specific resolution of a legal issue or (2) directs, counsels, urges, or recommends a course of action by a disputant or disputants as a means of resolving a legal issue. Merely providing legal information is not considered legal advice. Legal advice generally involves suggesting or predicting a course of action based upon the evaluation of a person’s or entity’s particular legal situation. The following is an example of one state’s definition of legal advice: An attorney-client relationship exists and one is deemed to be practicing law whenever "one undertakes for compensation, direct or indirect, to advise another, not his regular employer, in any matter involving the application of legal principles to facts or purposes or desires."<br><b>References : </b><br> Legal advice is generally defined as the assessment and application of principles of law to a particular factual situation. It involves the application of legal principles to facts in a manner that (1) in effect predicts a specific resolution of a legal issue or (2) directs, counsels, urges, or recommends a course of action by a disputant or disputants as a means of resolving a legal issue. Merely providing legal information is not considered legal advice. Legal advice generally involves suggesting or predicting a course of action based upon the evaluation of a person’s or entity’s particular legal situation.

The following is an example of one state’s definition of legal advice:

An attorney-client relationship exists and one is deemed to be practicing law whenever "one undertakes for compensation, direct or indirect, to advise another, not his regular employer, in any matter involving the application of legal principles to facts or purposes or desires."
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]]> By: coragryph http://www.hemplinglaw.com/litigation-2/definition-of-giving-legal-advice-in-regards-to-a-paralegal/comment-page-1#comment-1265 coragryph Fri, 29 Jan 2010 12:02:59 +0000 http://www.hemplinglaw.com/legal-advice/definition-of-giving-legal-advice-in-regards-to-a-paralegal#comment-1265 Legal advice means interpreting the law, or applying the law to a given set of facts. So, for example, say the law read: "It is a misdemeanor to be caught in culpable possession of a narcotic". The paralegal could quote the statute, but couldn't define "culpable possession" for you. The paralegal could also not analyze your particular facts and tell you whether the statute applied in your case. The paralegal also cannot tell you which court cases might help you, even though they could every court case that discussed that statute. Another example. A paralegal could help you fill out a court form, but only by entering exactly what you tell them to enter. They cannot suggest what you should say, and cannot even advise you whether the form is appropriate in your case. Doing either of those -- interpreting or applying the law -- counts as the unauthorized practice of law.<br><b>References : </b><br> Legal advice means interpreting the law, or applying the law to a given set of facts.

So, for example, say the law read: "It is a misdemeanor to be caught in culpable possession of a narcotic". The paralegal could quote the statute, but couldn’t define "culpable possession" for you. The paralegal could also not analyze your particular facts and tell you whether the statute applied in your case. The paralegal also cannot tell you which court cases might help you, even though they could every court case that discussed that statute.

Another example. A paralegal could help you fill out a court form, but only by entering exactly what you tell them to enter. They cannot suggest what you should say, and cannot even advise you whether the form is appropriate in your case.

Doing either of those — interpreting or applying the law — counts as the unauthorized practice of law.
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