WHAT IS LEGAL ADVICE?
The line between “legal advice” and “legal knowledge” is often blurred. As a general rule, only a lawyer can give real lawyer advice, while any non-lawyer can claim legal knowledge.
In addition, it is usually illegal for a person who is not a lawyer or an unlicensed attorney to give legal advice or represent a third party other than himself or herself in court.
Unlike legal knowledge, legal advice refers to a written or oral counsellor on a legal matter that may affect the rights and responsibilities of the person receiving counselling. Real legal advice requires careful analysis of the law as it applies to a particular person’s situation, as opposed to speculation based on general facts.
From a legal point of view, giving legal advice is the same as making a law. Only a licensed attorney with whom the client is forming an attorney-client relationship can provide real legal advice. Because of the responsibilities that come with providing legal advice, a counsellor also has certain responsibilities that he or she must respect.
People who give advice voluntarily or unknowingly without the ability, judgement, or authority to do so actually participate in unauthorised law enforcement and, as a result, are subject to court penalties.
What is Legal Advice?
Advice from friends or family is not legal. Real legal advice builds an agreement between an attorney and their client based on a particular legal case the client is facing.
In short, legal advice has the following characteristics:
- Keep up-to-date with information on how the law affects your health
- It requires legal knowledge, skill, education and judgement
- It applies a specific rule to a set of conditions
- It affects the rights or legal obligations of someone
- Creates mentor obligations
- Unlike legal information, such as information embedded in a road sign, legal advice suggests a specific course of action for a client. For example, the difference between telling someone what to do (legal advice) and not how to do it (legal knowledge). Some examples of legal advice include:
- Selecting, drafting, or finalising legal documents or agreements that affect human rights
- To represent a person before a court or other governing body
- Negotiating legal rights or obligations on behalf of a person
- Guessing the outcome of the client’s case
- Selecting or completing certain forms on behalf of the client
Some legal advice questions may include:
- Do I have to apply for a mortgage?
- Is my disability eligible for government assistance?
- What kind of recovery can I get from my accident?
- What Online Legal Advice is needed?
Although legal advice is straightforward, straightforward, and suggests a course of action, legal knowledge, on the other hand, is factual, general, and does not address any cause of action. To avoid the confusion that often comes with legal information, websites and individuals often go to great lengths to clarify that any information contained on their site should not be construed as legal advice or to build a lawyer-client relationship.
Examples that do not include real legal advice:
- Legal information obtained from free online legal websites, including law firm or attorney website
- Advice from friends, family members, or former client clients
- Information heard on the radio
- Information you read on social media websites
- Information you see in newspapers or billboards
- Answers to legal questions submitted to online Q&A boards, even if provided by a licensed attorney
- Printed items listed in the “how to” guide guide.
- Legal forms of “self-help”.
Specific legal questions may include:
- What is in the Family Vacation and Medical Act?
- What is the BAC level of my district for drunk driving charges?
- What are the gun laws in my province?
Find What You Need
Depending on the situation, legal advice and legal knowledge can both be helpful. Although some cases require the advice of an attorney, such as a lawsuit or a defence of criminal proceedings, other circumstances may require legal action.
