HOw can it be illegal to practice law without a license… I thought you were allowed to defend yourself in court… If thats not practicing law, I’m not quite sure what is?
I’ve got a question relating to this whole Dr. thing… Why do biology PhD’s often use the title doctor, while chemists use professor?
You cannot call yourself Dr. and then do anything that bennifits yourself from it or else it is fraud. There was even a court case several years ago where a person had earned a PHD and then opened a eyeglassed store. He was instructed that he couldn’t advertise his name a Dr. Joe Smith (i don’t remember his real name) because it would make all of the customers think that he had earned his MD. They ruled that this was fraud.
When I posed the question, I meant it purely as a form of artificially gaining respect.
For example, if you’re presenting ID at a club, or being pulled over by police, or whatever, if a person is presented as “Dr. Bob Smith,” he is generally regarded in a more respectful manner as just “Bob Smith”.
…
I specifically meant, what are the legal issues of calling yourself “Dr. Bob Smith” if your name is Bob Smith and you only graduated high school?
To wit:
One of the definitions of “doctor” is “a person who has earned the highest academic degree” …
It is also defined in the VERB ‘doctor’ as the process of "falsifying as to make favorable to oneself … ".
** Assuming you do nothing related to the term “Doctor” other than to create a salutation of yourself: **
Legally,
What is to prevent Bob Smith from calling himself “Dr. Bob Smith”?
If Bob Smith’s conscience doesn’t bother him about making fraudulent claims, nothing at all. Lots of sociopathic people make false claims to gain advantage over others. “Dr.” Bob Smith could have a promising (literally!) career in car sales. Of course, there is the little matter that "Dr. Bob Smith may eventually be asked to produce credentials or display specialized knowledge in the area he received his doctorate in.
Most driving licenses seem to just have a name and no indication of title. My bank and credit cards read doctor; I never had to provide any proof of attainment.
IRL though, it rarely comes up as I have never introduced myself as doctor as I’m sure it would sound pompous.
I’ve got a “Ph.D” after my name on my business card – that’s an appropriate place for it. I never call myself “Doctor” in public because 1.) people mistake you for an M.D. 2.) It sounds pompous, as noted above. I certainly don’t feel comfortable doing it, unless I’m trying to impress someone in business (and even then, it’s basically shorthand for “I know this stuff because I spent an absurd amount of time in school learning it”)
You should only call yourself “Dr.X” if you are in charge of the X-men, or if you’re the villain in a 1930s Columbia movie.
By the way, if you’re asking for rules of etiquette, I have it on good authority that you never introduce yourself by any title at all, be it Mr., Ms., Dr., or His Excellency.
It is not illegal, in the general case, to call yourself “Doctor”. The title itself enjoys no legal status whatsoever.
It is illegal to call yourself “Doctor” if you do so for the purpose of deceiving someone as to your skills, qualifications, or credentials, where such deception would amount to fraud. The optometry case mentioned previously falls into this category: consumers would be likely to be misled as to the actual credentials of the proprietor. It is also illegal to falsely claim to be a medical doctor in order to gain some privilege reserved by law to medical doctors.
The law prohibiting the practice of law by non-lawyers prohibits a person not admitted to the practice of law from either (a) appearing before a court as the attorney for some person other than himself or (b) holding oneself out as an attorney. Generally, the latter covers both offering legal advice for a fee, and stating that one is an attorney; it does not cover offering unpaid legal advice. Having an opinion as to a matter of law and expressing that opinion is not, by itself, “holding oneself out as an attorney”.
It is not illegal to “represent” someone in a hearing other than in court when the law specifically says that you can have a non-attorney represent you (e.g. welfare appeal hearings, IRS audits) and can even be legal in court under certain circumstances (e.g as a “next friend” for an incompetent party).
Offering unpaid legal advice or generic legal advice (such as this message) is not (except in Texas, and that is under dispute) the unauthorized practice of law; it is, however, potentially unwise conduct because of the risk of civil liability, since if your advice is wrong you might get sued. Hence the “IANAL” disclaimer: by stating that you are not a lawyer you place the recipient of your “advice” on notice that you are not competent to give that advice.
As a final aside, it is considered improper for an attorney to use the title “Doctor” even though attorneys (in most states) hold a doctorate. An attorney should not use the title doctor unless the attorney holds a second doctorate in some other field.
I don’t know about that. I mean shouldn’t personal experience count for something? He has lots of personal experience. After all, he who makes a beast of himself gets rid of the pain of being a man. I would say that if you take anything prescribed by the good doctor that it would then probably be a good idea to get away from him as soon as possible, especially if you are at his Colorado compound where there is an ample supply of firearms and explosives.
Someone asked about Dr. versus Professor. A professor is someone who is employed in that capacity by a college or university. He/she usually has a Ph.D. as well.
HST may have an honorary doctorate but he hasn’t earned one. It’s been awhile since I read The Proud Highway, a collection of HST’s letters, but I believe he learned journalism in the military and does not have a college degree. I think he attended Vanderbilt for a time. This is from memory so caveat emptor.
That sounds perfectly reasonable to me. So why does Dr. Laura get away with it? She has a PhD in physiology but she represents herself as a therapist. Isn’t that fraud?