Questions tagged [unlicensed-practice]

Unlicensed Practice of Law (UPL)

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-4 votes
2 answers
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Can editorial bias be considered medical advice?

In an issue where the scientific community is far from united, could an editorial bias in the media (stories and ads run vs censored or ignored) be considered medical advice and practicing medicine ...
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3 votes
1 answer
64 views

Is it always unauthorized practice of law for a notary to suggest which notarial act?

If you look at the notary manuals from many of the states, or you look at the advice on some of the advice on notary training websites like the National Notary Association, you see advice like this: ...
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17 votes
5 answers
8k views

Is it legal to write a software license if I'm not a licensed attorney?

I was hoping to create my own open-source license since none of the existing ones seem to work for what I want. However, someone mentioned to me that in the USA it's illegal to practice law without a ...
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2 votes
1 answer
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Do you have to be a lawyer to represent someone else in court?

Recently, I've had to secure durable power of attorney (POA) for a friend of mine with a neurodegenerative disease to help him with a bunch of different matters. We've been working our way through the ...
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-3 votes
1 answer
202 views

If George Zimmerman wins his $100M lawsuit against Ben Crump, will he lose his license?

Currently, George Zimmerman is suing Ben Crump (and many others) for purposely using a fake witness against Zimmerman in the Martin case. If he wins, which he most likely will as it is undeniable if ...
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-1 votes
2 answers
209 views

Why is it against the law to practice law without a license?

I have heard that it is against the law. A message reads as follows describing this: Can we have an investigation of the attorney for practicing law without a license? I asked my mother and she said ...
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-2 votes
1 answer
66 views

Fallback license for the case public domain is unavailable [closed]

Suppose a software developer wants to release a software project into the public domain. However the developer knows that this sometimes causes more troubles than it solves due to the problem that ...
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1 vote
2 answers
138 views

Is it legit to fork an unlicensed repository for non-commercial purposes?

Edit: bear in mind that I'm not asking for which license, I'm asking whether it's fair or not. I want to use the treepedia_dl_public library as a core part of a new website. I checked the repository ...
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3 votes
2 answers
882 views

How dangerous is it for British lawyers to give advice on Law Stack Exchange?

How risky is it for people to self-identify as legal professionals and answer questions here? In Britain, precedent such as Chaudry v Prabhakar – 1989 can make British lawyers reticent to give ...
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1 vote
0 answers
54 views

Are products made from illegal software also illegal?

Say a piece of software was aquired, and used, completely illegally, like a license key was hacked online or something, and many other products (say, for example, videos) were made with this illegal ...
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2 votes
1 answer
134 views

Is recommending specific medications "practicing with a license"?

My wife and I are receiving counseling about some marital issues. We met one time with the counselor, and my wife told him I'm depressed. He took that as fact without investigating, and pressed me to ...
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2 votes
0 answers
144 views

Why couldn't this character in 'Better Call Saul' be a paralegal or take a similar role?

In Season 3 of Better Call Saul, Could this character have helped that person with the legal paperwork in the same capacity as a paralegal -- filing documents, proofreading, etc. could? Or would the ...
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0 votes
1 answer
37 views

Home maintenance: contractor paying separate company to obtain permit

tl/dr: I'm trying to perform some home improvement projects in preparation for selling in 6 months. My jurisdiction requires a permit for one part (replacing siding on one side of the house). I know ...
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  • 501
0 votes
3 answers
87 views

Are there any legal restrictions to practicing law over video conference like there is with medicine?

For example in medicine, you have requirements in many states for what constitutes a valid patient / client relationship and that this requires some in-person visits etc. does something exist like ...
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1 vote
1 answer
187 views

Do UK law degrees qualify someone to work as a lawyer in the US?

I am from Bangladesh. I did my Bachelor of Law, Masters in Law and the Bar (BPTC) from the UK. I have worked in the legal departments of companies and some freelancing in Bangladesh since 2012. I want ...
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33 votes
6 answers
11k views

What is the purpose of a disclaimer like "this is not legal advice"?

If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"? For the purposes of this question, I ...
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1 vote
1 answer
63 views

Can a layman conduct legal proceedings on behalf of a corporation for which he works in New Hampshire?

I do occasional favors for a foreign (non-US) corporation, helping it manage investments in the United States. I have a power of attorney authorizing me to act in behalf of the corporation. I get paid ...
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1 vote
1 answer
86 views

Where is the bright line for practicing law?

I would like to understand if a CAM interpreting HOA bylaws & lawyer's opiniom, then executing their decision is the practice of law BACKGROUND A Florida HOA homeowners contest a CAM's ...
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39 votes
1 answer
13k views

I fancy myself an amateur lawyer. Can I represent someone in court, in the state of Maryland?

I live in Montgomery County Maryland. I am not a lawyer. But I have significant legal experience. I have successfully sued people, watched many trials, I have successfully won dozens of trials for my ...
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  • 579
1 vote
1 answer
111 views

Jurisdiction and Unauthorized Practice of Law

Joe in state A asks a question online: "I did _____. Is it legal? What are the consequences? What should I do?" Jake in state B responds in a manner which, while entirely okay according to state B's ...
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2 votes
0 answers
124 views

Does adding text "I am not a lawyer" or equivalent, on the internet in general, do anything in legal terms?

There's this question here about US specifically, but I'm interested to know if, in general, on any site on the internet, whichever jurisdiction its content may be hosted in, does adding "I am not a ...
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2 votes
1 answer
208 views

Bar Admissions Geography

New York Judiciary Law § 478 makes it illegal to practice law in New York state. I imagine that there is some law defining what constitutes practicing "in" the state, and that questions probably ...
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1 vote
2 answers
553 views

What legal powers does a person have without having full legal qualifications? (UK)

What legal powers does a (UK) person have without having full legal qualifications? I am interested as you can't represent someone in court without being a fully qualified solicitor/barrister (as far ...
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1 vote
1 answer
67 views

When are advisory rulings ever not "private legal advice"?

I asked my state board of counseling professionals for an advisory ruling. Here is the statute that says I can ask for an advisory ruling from them: http://www.mainelegislature.org/legis/statutes/5/...
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  • 1,620
0 votes
2 answers
135 views

Has being a clergyman or bona fide religious person been a defense to the charge of "practicing law"?

I'm wondering because here's what I am thinking. Religion is inextricably connected to whether something seems like the "right thing to do." Often, people struggle with what the "right thing to do" ...
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  • 1,620
1 vote
1 answer
255 views

Am I breaking the law by giving a friend advice?

My Friend had some questions about copyright laws, I told him that he was breaking said copyright laws and should do a few things different with his business. Is this considered breaking the law? I'm ...
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4 votes
1 answer
14k views

Can a power of attorney allow you to act "pro se" on behalf of the issuer?

Anyone can represent themselves in a court of law, if he or she doesn't want, or can't afford, a lawyer. On the other hand, only lawyers who have passed the bar in a state are allowed to represent ...
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1 vote
0 answers
61 views

What is the history of attorney licensing and regulation in the United States, Britain, and the colonies?

I'd like to know when law licensing first started, both as to "certification" and as to "licensing" if such a distinction applies in history. I'd like to know when it began to take hold. I'd like to ...
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  • 1,620
1 vote
1 answer
191 views

Claiming to be a lawyer (UK)

On workplace.stackexchange.com, a question was asked where someone had worked for a company, the company apparently asked him to sign a contract that he would do additional work for them for free, ...
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3 votes
3 answers
387 views

Why are pro se litigants allowed to practice law?

I see a lot about why people aren't allowed to practice law on behalf of another person, but I do not see any positive justification for allowing a pro se litigant to practice law on behalf of himself....
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  • 1,620
2 votes
2 answers
187 views

Can advising someone to hire an attorney ever be considered an unlawful practice of law in itself?

Suppose you advise someone to hire attorney because it is your opinion that certain facts exist and that they are "illegal". Further, suppose you are not an attorney and the process of advising this ...
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  • 1,620
32 votes
11 answers
10k views

Why do non-lawyers refer you to lawyers even when they know the answer?

We've all seen it: you ask a law question (a classic being "Am I violating X's copyright by doing Y?"), but they refuse to respond and instead tell you that you should be asking a lawyer, not them. I ...
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0 votes
2 answers
2k views

Can a power of attorney be used for criminal matters?

Can a layman with a power of attorney lawfully represent someone else in criminal matters?
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  • 5,670
7 votes
5 answers
1k views

Are prosecutors members of the bar?

In the so-called common-law countries (or common law adversarial system, or common law jurisdictions) are prosecutors members of the (state) bar? If so, is that a requirement? If so, does that mean ...
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3 votes
3 answers
597 views

Why don't attorneys like to offer subjective advice?

In another question, a commenter mentioned to me that attorneys 'are bad enough about giving concrete legal advice, let alone subjective legal advice.' He was referring to my question of "is it wrong ...
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12 votes
2 answers
397 views

Practicing Law without a License over the Internet

John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on ...
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4 votes
3 answers
604 views

Can non-lawyers help people study law and do small claims?

Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law? What would be the ...
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  • 4,810
37 votes
2 answers
9k views

USA: Is "I am not a lawyer" disclaimer generally necessary?

Is it legally necessary to disclaim "I am not a lawyer" when engaging in casual conversation, writing Internet posts, etc. to avoid civil or criminal liability for one's comments? Specifically, in ...
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