Unauthorized practice of law? - Posted by jenv

Posted by John Merchant on July 01, 2003 at 10:19:31:

You have an absolute right to give your opinion on anything, under the 1st Amendment, to anybody, anywhere,anytime.

UNLESS you’re representing yourself as a licensed lawyer, or unless you have unwisely got yourself in a position where the advisee is looking to you as a licensed lawyer, or is thinking he’s your “client”.

It would be my advice to always temper any advice or suggestion to another with the written caveat: This is not legal advice, as author is NOT a licensed attorney at law, and recipient is advised to seek his/her own attorney’s advice on any & all matters discussed or mentioned herein.

In other words, make durned sure the other guy isn’t looking to you as HIS lawyer, etc.

Unauthorized practice of law? - Posted by jenv

Posted by jenv on July 01, 2003 at 01:59:23:

To what extent should I, as a real estate investor, be concerned with being slapped with a huge fine, seller lawsuit, or cease and desist order for the unauthorized practice of law when I

  1. explain to a seller the potential tax ramification of a short sale
  2. explain to a seller the foreclosure process

or answer any of the other various and sundry questions a seller might have?