# When does advice become legal advice? **URL:** \ **Category:** Factual Questions\ **Created:** [September 19, 2006, 6:40pm UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307 "2006-09-19T18:40:02Z")\ **Posts on this page:** 8\ **Page:** 2
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [April 30, 2014, 6:01am UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/21 "2014-04-30T06:01:34Z")
> [@Little\_Nemo](#): > > You’ll end up getting legal advice from somebody like me - a person whose entire legal training consists of a single college course I took about twenty five years ago. With credentials like that, I figure I’m pretty safe from ever being accused of impersonating a lawyer. Actually, you end up getting legal advice from the writers of _Law And Order_ series, albeit third-hand. ---
**Author:** ![guizot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guizot/32/3636_2.png) [@guizot](https://boards.straightdope.com/u/guizot)\ **Post date:** [April 30, 2014, 7:17am UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/22 "2014-04-30T07:17:34Z")
> [@Senegoid](#): > > Does such advice, by someone who is clearly not a { doctor | lawyer } rise to the level of practicing { medicine | law } without a license? I haven’t checked the laws, but doesn’t “practicing law without a license” imply that one is claiming to be a lawyer? (I.e., it’s essentially fraud.) I find it highly unlikely that any statute would prevent me (_ **someone who has never claimed to be lawyer to anyone, ever** _) from giving legal advice to a friend–or even a stranger–no matter what that advice may be. Moreover, if that advice turns out to be someone’s legal ruin, I find it equally unlikely that I could somehow be held liable. ---
**Author:** ![Inna\_Minnit](https://avatars.discourse-cdn.com/v4/letter/i/5f8ce5/32.png) [@Inna\_Minnit](https://boards.straightdope.com/u/Inna_Minnit)\ **Post date:** [April 30, 2014, 9:10am UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/23 "2014-04-30T09:10:15Z")
> [@Dr\_Paprika](#): > > I think the question is murky for medical advice. Lots of people ask medical questions on this board. Sometimes I think I know the answer, and try to phrase it in the form of general advice for that type of problem (but not the specific patient), often by suggesting a partial differential diagnosis of possible problems. A handful of times, lawyers on the SDMB have suggested to me (and they mean well) that it is not in my interest to give even very general medical advice. Obviously, doctors are often sued. **And some people out there don’t know enough to take the foil wrapping off the pill before swallowing it (seen this a few times).** [OT]A doc I once worked for always wrote instructions for suppositories to include taking them out of their foil wrapper before insertion, and to hold the suppository inside until it was completely melted . I overheard his phone conversation with a patient who was complaining that they didn’t get relief from their suppository. The patient felt the urge to poop and pooped the suppository out every time. When the doc told him he had to hold it it, the patient said “but it feels like there is something in my rectum.” Doc replied “Of course it does, you just stuffed the suppository up your ass!” [/OT] ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [April 30, 2014, 1:56pm UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/24 "2014-04-30T13:56:14Z")
Practicing law without a license (unauthorized practice of law) is one issue. For that, you generally have to hold yourself out as a lawyer _and_ either appear on behalf of a client or accept compensation for giving legal advice. The bigger problem on message boards is merely that if you _are_ a lawyer, creating an attorney/client relationship creates the possibility of malpractice. > [@Ranger\_Jeff](#): > > How does one refer to someone who has graduated Law School but has not taken or passed his state’s Bar Exam? Is he a lawyer or attorney or just someone who went to Law School? Me, in four days. 🙂 Since I will be working at a law firm while preparing for the bar exam, this is of particular importance. _Generally_, “lawyer” and “attorney(-at-law)” refer to people who have not only passed a bar exam but are currently licensed to practice law someplace. It’s not really a term of art, th > [@Hello\_Again](#): > > He’s nothing - certainly not a lawyer. A person with a JD, I guess. However, in my state no one would suffix JD on their name “[name], JD” because it’s the same as saying you failed the Bar exam. This is pretty much what I’d say. Some of my classmates who work at law firms are adding J.D. to their e-mail signature blocks, but I’m not sure I will. In [some states](http://www.azbar.org/lawyerconcerns/non-lawyers), even _that_ can get you in trouble: > [@](#): > > Using the designations lawyer, attorney at law, counselor at law, law, law office, J.D., Esq., or other equivalent words by any person or entity not authorized to practice pursuant to to paragraphs (b) or (c) or specifically admitted to practice pursuant to Rule 33(d), the use of which is reasonably likely to induce others to believe that the person or entity is authorized to engage in the practice of law in this state. In its oldest sense, a “lawyer” was somebody “learned in the law”, so any JD qualifies under that standard - but unitary bars make the rules. ---
**Author:** ![Jimmy\_Chitwood](https://avatars.discourse-cdn.com/v4/letter/j/f475e1/32.png) [@Jimmy\_Chitwood](https://boards.straightdope.com/u/Jimmy_Chitwood)\ **Post date:** [April 30, 2014, 1:56pm UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/25 "2014-04-30T13:56:56Z")
> [@Hello\_Again](#): > > He’s nothing - certainly not a lawyer. A person with a JD, I guess. However, in my state no one would suffix JD on their name “[name], JD” because it’s the same as saying you failed the Bar exam. I see it occasionally with people who actually are lawyers but whose current capacity isn’t practicing law - I think the concern is if they put Esquire on correspondence it will seem like they’re representing whoever it is on the letterhead, but really they’re just an employee. An attorney who works for the federal government but not as an attorney, for instance. Shows up in HR settings from time to time. ---
**Author:** ![lawbuff](https://avatars.discourse-cdn.com/v4/letter/l/13edae/32.png) [@lawbuff](https://boards.straightdope.com/u/lawbuff)\ **Post date:** [April 30, 2014, 6:05pm UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/26 "2014-04-30T18:05:46Z")
> [@Nars\_Glinley](#): > > Many questions on this board and others are accompanied with disclaimers of “This is not legal advice blah blah blah.” At what point in the advice giving continuum does advice become “legal advice”? Is it when you accept payment? I have this case in my notes, and it concerns basically “message board” comments/advice so to speak. Your state probably has similar case law? Palmer was NOT engaged in the unauthorized practice of law. > **[DISCIPLINARY COUNSEL v. P | 115 Ohio... | isc2d701177 | Leagle.com](https://www.leagle.com/decision/2001185115ohiomisc2d701177.xml)** > > FINAL REPORT DISMISSING COMPLAINT Per the Board. David Palmer is Executive Director Chairman and sole active member of...isc2d701177 ---
**Author:** ![Nars\_Glinley](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nars_glinley/32/8177_2.png) [@Nars\_Glinley](https://boards.straightdope.com/u/Nars_Glinley)\ **Post date:** [April 30, 2014, 10:19pm UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/27 "2014-04-30T22:19:06Z")
> [@lawbuff](#): > > I have this case in my notes, and it concerns basically “message board” comments/advice so to speak. Your state probably has similar case law? > > Palmer was NOT engaged in the unauthorized practice of law. > [DISCIPLINARY COUNSEL v. P | 115 Ohio... | isc2d701177 | Leagle.com](http://www.leagle.com/decision/2001185115OhioMisc2d70_1177.xml/DISCIPLINARY%20COUNSEL%20v.%20PALMER) Zombie or no, that is a fascinating case and I’m surprised that Palmer got away with it. And I am shocked, SHOCKED that this thread is almost 8 years old. When I saw it reincarnated, I would have guessed 3 years tops. ---
**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\ **Post date:** [May 1, 2014, 6:06am UTC](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307/28 "2014-05-01T06:06:27Z")
> [@lawbuff](#): > > I have this case in my notes, and it concerns basically “message board” comments/advice so to speak. Your state probably has similar case law? > > Palmer was NOT engaged in the unauthorized practice of law. > [DISCIPLINARY COUNSEL v. P | 115 Ohio... | isc2d701177 | Leagle.com](http://www.leagle.com/decision/2001185115OhioMisc2d70_1177.xml/DISCIPLINARY%20COUNSEL%20v.%20PALMER) Interesting - he is basically saying “I am giving you legal advice” and the decision seems to be “nobody was fooled into thinking he was a for-real lawyer, therefore it’s not really legal advice.” I liked the bit where the complaints body obviously recognized sarcasm for what it was, “JD - not licensed to practice in the land of Oz.” does not hold someone out to be a lawyer. It’s a breath of fresh air. Rarely do authorities have common sense nowadays. [Previous page](https://boards.straightdope.com/t/when-does-advice-become-legal-advice/373307.md?page=1)