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dy156 · 03-07-2004, 05:08 PM

I thought about creating an "ask the lawyer thread" like the ask a dentist or ask a mortgage broker thread. But I rejected it as a very bad idea. Here are but three of the reasons why:

1. First of all, this would not be covered by my malpractice policy. Lawyers are, by nature, very cognizant of how to avoid liability. Even with the best statement about how "an attorney client relationship was not formed by the discussion on this board, and the advice given should not be interpreted to be attorney client communication, and should not be considered legal communication or advice on any matter, etc..." put as my signature it does not protect me from this, and the better the statement is, the less you could trust my advice. Mortgage brokers and dentists don't get sued for malpractice as much as lawyers do.

2. If a dentist give you bad advice, you screw up your mouth. If a mortgage broker gives you bad advice, you screw up your credit. There are only two actors in those situation, you, and the credit agencies, that have the same practices for everyone, or you and your mouth. Legal advice invariably would involve other people as actors that are not predictable as mouths and credit agencies.
If I gave the wrong advice, it could effect those other people as well.

3. While mouths very somewhat, and so do credit situations, they are not as broad in scope as the law, or questions TFP posters might want to know about the law. A mouth in Michigan is the same as a mouth in Florida, is the same as a mouth in Sri Lanka. Similarly, Credit agencies are national. I on the other hand, am only licensed in one state. Additionally, Johnny Cochran is a very good criminal defense attorney, but I bet he doesn't know very much about estate planning, property disputes, or new car lemon law. Unless you are a workers comp carrier involved in a subrogation matter, or you're a municipality that's been sued for discrimination, I'd have to rely on my somewhat vague memory from studying for the bar. If you need advice, you need better advice than that.

Without sitting down for an indepth interview, there are likely to be many important details that are left out of a post on a thread, that may seem inconsequential, but could be very important. When I first started posting I chimed in on a thread about car wrecks and a jury duty summons, but I've thought much more about it since then.

I have a very good friend who is in his hospital residency. In medical school, the goal was to have the students get as much hands on experience and practice as they could. The same goes for residents in a hospital. That's why they work the truly terrible hours-to get experience. In law school, on the other hand, we were constantly warned not to give out advice, and that to do so before you had passed the bar was to be practicing without a license and you could get into big trouble. Even as a beginning associate, when I had a license, they want you to work, but not the hands on practicing of law until someone above you thinks that you know exactly what you're doing. Doctors freely give advice, while lawyers are very careful not to. Why the difference in approaches between the two? Maybe lawyers are greedy, or maybe doctors don't worry as much about screwing up their advice if it eventually helps young doctors become better doctors. Who knows, but it's a bad idea for me to just give out advice.

As for a whole forum about "Law" I think it would be too boring to remain active.

03-07-2004, 05:08 PM	#4 (permalink)
dy156 cookie Location: in the backwoods	I thought about creating an "ask the lawyer thread" like the ask a dentist or ask a mortgage broker thread. But I rejected it as a very bad idea. Here are but three of the reasons why: 1. First of all, this would not be covered by my malpractice policy. Lawyers are, by nature, very cognizant of how to avoid liability. Even with the best statement about how "an attorney client relationship was not formed by the discussion on this board, and the advice given should not be interpreted to be attorney client communication, and should not be considered legal communication or advice on any matter, etc..." put as my signature it does not protect me from this, and the better the statement is, the less you could trust my advice. Mortgage brokers and dentists don't get sued for malpractice as much as lawyers do. 2. If a dentist give you bad advice, you screw up your mouth. If a mortgage broker gives you bad advice, you screw up your credit. There are only two actors in those situation, you, and the credit agencies, that have the same practices for everyone, or you and your mouth. Legal advice invariably would involve other people as actors that are not predictable as mouths and credit agencies. If I gave the wrong advice, it could effect those other people as well. 3. While mouths very somewhat, and so do credit situations, they are not as broad in scope as the law, or questions TFP posters might want to know about the law. A mouth in Michigan is the same as a mouth in Florida, is the same as a mouth in Sri Lanka. Similarly, Credit agencies are national. I on the other hand, am only licensed in one state. Additionally, Johnny Cochran is a very good criminal defense attorney, but I bet he doesn't know very much about estate planning, property disputes, or new car lemon law. Unless you are a workers comp carrier involved in a subrogation matter, or you're a municipality that's been sued for discrimination, I'd have to rely on my somewhat vague memory from studying for the bar. If you need advice, you need better advice than that. Without sitting down for an indepth interview, there are likely to be many important details that are left out of a post on a thread, that may seem inconsequential, but could be very important. When I first started posting I chimed in on a thread about car wrecks and a jury duty summons, but I've thought much more about it since then. I have a very good friend who is in his hospital residency. In medical school, the goal was to have the students get as much hands on experience and practice as they could. The same goes for residents in a hospital. That's why they work the truly terrible hours-to get experience. In law school, on the other hand, we were constantly warned not to give out advice, and that to do so before you had passed the bar was to be practicing without a license and you could get into big trouble. Even as a beginning associate, when I had a license, they want you to work, but not the hands on practicing of law until someone above you thinks that you know exactly what you're doing. Doctors freely give advice, while lawyers are very careful not to. Why the difference in approaches between the two? Maybe lawyers are greedy, or maybe doctors don't worry as much about screwing up their advice if it eventually helps young doctors become better doctors. Who knows, but it's a bad idea for me to just give out advice. As for a whole forum about "Law" I think it would be too boring to remain active.