Posted on Apr 15, 2022:

The line between "legal advice" and "legal information" is often blurry. As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than themself in court.

Unlike legal information, legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. Actual legal advice requires careful analysis of the law as it applies to a person's specific situation, opposed to speculation based on generic facts.

From a legal standpoint, giving legal advice is the same as practicing law. Only a licensed attorney with whom a client establishes an attorney-client relationship may give actual legal advice. Because of the obligations that come from providing legal advice, the advice-giver also has specific responsibilities they must honor.

People who willingly or unknowingly give legal advice without the skill, judgment, or authority to do so are essentially participating in the unauthorized practice of law and, therefore, subject to court penalties.

What Legal Advice Is

Advice from friends or family is not legal advice. True legal advice forms an agreement between an attorney and their client based on the particular legal matter the client is experiencing.

In a nutshell, legal advice has the following characteristics:

It requires legal knowledge, skill, education, and judgment
It applies specific law to a particular set of circumstances
It affects someone's legal rights or responsibilities
It creates responsibilities for the advice-giver

Unlike legal information, such as information posted on a street sign, legal advice proposes a specific course of action a client should take. For instance, it's the difference between telling someone what to do (legal advice) instead of how to do it (legal information). Some examples of legal advice include:

Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person
Representing a person before a court or other governing body
Negotiating legal rights or responsibilities on behalf of a person
Speculating on an outcome of the client's case
Selecting or filling out specific forms on behalf of a client

Specific legal advice questions may include:

Should I file for bankruptcy?
Does my disability qualify for federal assistance?
What kind of recovery can I receive for my accident?

What Legal Advice is Not

While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any particular cause of action. To avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths to clarify that any information contained in their site should not be construed as legal advice nor form an attorney-client relationship.

Examples that do not constitute actual legal advice:

Legal information obtained from free online legal websites, including a law firm or attorney's own website
Advice from friends, family members, or former clients of a lawyer
Information you hear on the radio
Information you read on social media websites
Information you see in news periodicals or on billboards
Responses to legal questions posted in online Q&A boards, even if provided by a licensed attorney
Printed materials listed in a "how-to" guide
Legal "self-help" forms

Specific legal information questions might include:

What is in the Family and Medical Leave Act?
What is my state's BAC level for drunk driving charges?
What are the gun laws in my state?

Original Post: https://www.findlaw.com/hirealawyer/do-you-need-a-lawyer/what-is-legal-advice.html