64
votes
Accepted
I fancy myself an amateur lawyer. Can I represent someone in court, in the state of Maryland?
If you are not a member of the Bar of Maryland, you may not "practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar." Maryland Business Occupations ...
- 61.8k
53
votes
Accepted
Is it legal to write a software license if I'm not a licensed attorney?
As Greendrake says, you can legally create your "open source" license. There are two problems with this:
Since you are not an experienced contract lawyer, there is a significant risk that ...
- 35.4k
41
votes
Accepted
What is the purpose of a disclaimer like "this is not legal advice"?
In most jurisdictions, practicing law without a bar license is a serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers also use this disclaimer ...
- 518
28
votes
What is the purpose of a disclaimer like "this is not legal advice"?
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't ...
- 35.4k
27
votes
Is it legal to write a software license if I'm not a licensed attorney?
Is it legal to write a software license if I'm not a licensed attorney?
Yes.
creating a contract is considered practicing law.
Is that true?
Yes and no.
You don't even need to know what the word &...
- 28.2k
12
votes
When practicing law pro se, can one have the assistance of a paralegal?
With this in mind, would a non-lawyer practicing law for oneself
(acting pro se) be able to have a paralegal prepare legal documents so
long as the aforementioned non-lawyer oversees the work and ...
- 240k
7
votes
Can editorial bias be considered medical advice?
No. Practicing medicine involves providing medical advice or providing treatment particular to an individual person's situation.
- 240k
6
votes
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"?
The purpose of this disclaimer is to ...
- 3,270
5
votes
Accepted
Is recommending specific medications "practicing with a license"?
There is a world of legal difference between a doctor or counselor "pressing" you to consider meds and even suggesting several and them actually writing a prescription.
The line to cross is a non-...
- 19k
5
votes
If George Zimmerman wins his $100M lawsuit against Ben Crump, will he lose his license?
I'm not familiar with the lawsuit, but generally speaking, a court's finding that a lawyer falsified evidence would not directly result in the lawyer being disbarred, as the trial court does not have ...
- 61.8k
5
votes
Is it legal to write a software license if I'm not a licensed attorney?
Jurisdiction: england-and-wales
TLDR; Writing a software licence is not considered "practicing law" so it is legal to do so without being a qualified lawyer.
Full answer
The relevant ...
- 10.3k
5
votes
Can voting on Stack Exchange be unlicensed practice of law?
No. In order to practice law, one must establish an attorney-client relationship.
Participation in Internet forums absolutely does not establish an attorney-client relationship.
Everyone involved in ...
4
votes
USA: Is "I am not a lawyer" disclaimer generally necessary?
I can only speak to one somewhat special situation: Special education advocates in the United States have to be very careful about this, and are advised to include "non-attorney advocate" in ...
- 864
4
votes
Do you have to be a lawyer to represent someone else in court?
A POA (power of attorney) does not allow one to represent someone in court. The name is confusing, it dates from a period when "attorney" meant one who acted for another, not just in court. ...
- 115k
4
votes
Why is it against the law to practice law without a license?
The justification is that the purpose of such laws is to protect people who need legal help from being victimized by con men, or by people who may be well-meaning but who do not know anything about ...
- 1,083
4
votes
Is it legit to fork an unlicensed repository for non-commercial purposes?
Yes, you can fork it - but you can’t use it
GitHub explain what’s a public deposit with no licence means here.
If you find software that doesn’t have a license, that generally means you have no ...
- 227k
4
votes
In the US, what can't you do as a law student if you haven't passed the bar or finished your law degree?
Passing the bar exam allows one to get a license to practice law. It is to some extent like a certification exam. It is in all US states a crime to practice law without a license. Exactly how "...
- 115k
4
votes
Could open source software illegally provide legal advice?
Many products can be used for illegal purposes, so selling something that could be used for illegal purposes won't generally result in liability for the producer. Think of software used for computer ...
- 19k
3
votes
How dangerous is it for British lawyers to give advice on Law Stack Exchange?
Chaudhry v Prabhakar is unlikely to be applicable
Giving specific advice one-on-one in a field of known expertise when specifically asked creates a duty of care. Giving general advice on a mass-...
- 227k
3
votes
Accepted
Bar Admissions Geography
The issue you describe is usually characterized as the multijurisdictional practice of law and is not terribly straightforward, in part, because the "practice of law" is not a well defined or ...
- 240k
3
votes
Where is the bright line for practicing law?
Is there a bright line / contours as to what constitutes practicing law?
For the most part, no.
There are some activities that clearly constitute the practice of law almost everywhere (e.g. ...
- 240k
3
votes
Do UK law degrees qualify someone to work as a lawyer in the US?
Short Answer
They will probably not hire you unless they have legal work that they need done in Bangladesh or the U.K. from a U.S. office.
Long Answer
Admission To The Practice Of Law In The U.S.
A ...
- 240k
3
votes
Is it legal to write a software license if I'm not a licensed attorney?
Writing your own contract can be a legal minefield. When I first went free-lancing I drafted my own agreement, then decided to show it to my lawyer just in case. He made two points (Australian law, ...
- 1,004
3
votes
Is it legal to write a software license if I'm not a licensed attorney?
Drafting a contract for another person could be considered practice of law:
Among the acts which constitute the practice of law . . . are the preparation, drafting, or selection or determination of ...
- 6,202
3
votes
When practicing law pro se, can one have the assistance of a paralegal?
I fully back the ohwilleke's answer, but add my 2c just so that the situation is understood even better.
Basically, the fact that you're asking a paralegal (as opposed to say a plumber) to draft your ...
- 28.2k
2
votes
What is the purpose of a disclaimer like "this is not legal advice"?
In many jurisdictions, there is a general legal principle that people are entitled to trust certain kinds of professional opinion absent they have a particular reason not to. Someone who, e.g., build ...
- 751
2
votes
Can a layman conduct legal proceedings on behalf of a corporation for which he works in New Hampshire?
After some additional additional research I found that a person who is not a member of the bar can legally represent another person or entity in the courts of New Hampshire as long as the following ...
- 7,286
2
votes
Accepted
What legal powers does a person have without having full legal qualifications? (UK)
You can always (as far as I'm aware) act as a "litigant in person", which is the UK phrase for a person representing themself in court. Whether its wise or not depends on the case - because the ...
- 3,189
Only top scored, non community-wiki answers of a minimum length are eligible