Legality/Ethics of students giving advice? (1 Viewer)

[beta-omega]

Hey guys,

just a quick question, whats are the issues and legal problems associated with a law student giving paid advice?

 

[talene]

Re: Legal advice - issues?

What kind of scab charges their friend for legal advice when they're only a student?

 

[Frigid]

Re: Legal advice - issues?

you're exposing yourself to being sued.

therefore, don't.

 

[erawamai]

Re: Legal advice - issues?

you're exposing yourself to being sued.

therefore, don't.

How so? He isn't a registered solicitor and he isn't bound by the Legal Profession Act, Barristers' rules or the Solicitors' rules. All he is doing is giving his opinion. I think he could only get into trouble if he gave legal advice and held himself out as a legal practicioner and was not truthful as to his status as a law student.

In any event a law student shouldnt be giving paid legal advice! It's not really ethically right and no person should rely on such advice let alone pay for it! Also there is no duty of confidentially between the person you have confided in (in order for them to give you legal advice). Essentially a law student is not required to maintain industry standards because he or she is not actually a legal practitioner

 

[hfis]

Re: Legal advice - issues?

If you're just giving an opinion as a law student you're probably ok, although I doubt the sanity of anyone who would pay you for your advice.

Anyone know how far s 14 of the Legal Profession Act 2004 (NSW) reaches in this kind of context?

(1) A person must not engage in legal practice in this jurisdiction for fee, gain or reward unless the person is an Australian legal practitioner.

The Act provides no real definition of 'engage in legal practice', but rather just states that it 'includes practise law' (s 4). Seems a bit ambiguous.

 

[erawamai]

Re: Legal advice - issues?

If you're just giving an opinion as a law student you're probably ok, although I doubt the sanity of anyone who would pay you for your advice.

Anyone know how far s 14 of the Legal Profession Act 2004 (NSW) reaches in this kind of context?



The Act provides no real definition of 'engage in legal practice', but rather just states that it 'includes practise law' (s 4). Seems a bit ambiguous.

That part of the new LPA (for obvious reasons) has not been judicially considered so we don't really know its scope.

I'm sure someone here will be able to find the corresponding section in the old NSW legal profession Act.

 

[bearpooh]

Re: Legal Advice - Legality/Ethics of students giving advice

just a quick question, whats are the issues and legal problems associated with a law student giving paid advice?

Good way to get sued.
Do you have professional insurance ?

 

[Frigid]

Re: Legal Advice - Legality/Ethics of students giving advice

how's the Ol' Blighty, poohboy?

 

[ManlyChief]

Re: Legal Advice - Legality/Ethics of students giving advice

I think it falls under the same umbrella as legal consultants.

Did anyone read that clever little scheme in the Australian the other week? A barrister, specialising in matters before the Land and Environment Court was struck off the roll and had his practsing certificate cancelled because he had failed to submit a tax return for the past 35 years and he had sworn false affadavits and was bankrupt (for the third time). He then suddenly became employed by his wife's $2 company as a 'consultant' for her clients who happened to be his old clients. They paid her the equivalent of his old $300/hr fee and she paid him $50,000 p.a. (just enough for him to avoid compulsory repayments to his creditors).

Now, it seems perfectly legal for him (the case is under review by the Bar Assoc), so payment as a 'consultant' seems ok. But who would pay for a student's advice, unless:

(a) s/he had mislead them about the extent of her/his legal training; or
(b) s/he was just a friend in need of some help

in which case

(a) the student migh be doing a naughty under law; and/or
(b) the student is a bad friend

But, I don't know the details, so I'm not going to judge ...

Kiss kiss, hug hug,
MC xoxox

 

[hfis]

Re: Legal Advice - Legality/Ethics of students giving advice

Haha, that barrister is awesome and I aspire to be like him one day (aside from the whole 'getting caught and bringing the profession into disgrace' thing).

I guess those 'ethics' exams are pretty easy to bluff your way through, then?

 

[mr EaZy]

Re: Legal Advice - Legality/Ethics of students giving advice

legal ethics?

well when ur a lawyer- to practice, u must be affliated with the law society and each year u have to pay for courses that keep u abreast of the law

now if ur an unoffiliated architect or lawyer or doctor or something else - there are ethical issues with taking money for providing ur services

1st) you are not getting the up to date- society backed accreditation is not available

if everyone did what u did- the quality of legal advice would drop

also it would lower the integrity of the profession


look the bottom line is- we wanna keep our jobs lol kidding.

ummm

2) there are issues of tort which might or might not apply

i think a lawyer who is negligent cannot be sued- i think the case from memory was D'orta v d'orta.... iof ur not a lawyer- i dunno whats the issue there

3) u have to be aware that the guy is a student and not a lawyer- no false pretences should be allowed- but if u do know... u need to know this

law students study mainly substantive law and not procedural law-

i had an friend ask me a question coz he assualted someone ... i think the guy that got assualted didnt wanna lay charges -but the police still took them in...

i explained to him wat wass actual bodily harm, and how his circumstances made him guilty for that- i think it was self defence but he was excessive... but i couldnt explain why the police took him in and said that what the other person decides to do is irrelevant-- i must have dreamt all this coz i dunno who the hell i was talking to or what has happened since..

 

[ManlyChief]

Re: Legal Advice - Legality/Ethics of students giving advice

2) there are issues of tort which might or might not apply

i think a lawyer who is negligent cannot be sued- i think the case from memory was D'orta v d'orta.... iof ur not a lawyer- i dunno whats the issue there

D'Orta-Ekanaike v Victorian Legal Aid approved of the rule in Giannareli v Wraith: advocates are immune from civil claims in professional negligence for any act or omission which arises honestly in the conduct of management of a proceeding in court and for any any extra-forensic act or omission intimately connected with forensic proceedings. The immunity extends to all persons acting as advocates, not just barristers alone.

Shite, I can't believe I can recall that stuff from last year's exam ... don't tell me I'm actually learning this stuff properly ...

I don't think issues of tort would arise in this example of a student providing the services of a legal consultant.

 

[mr EaZy]

Re: Legal Advice - Legality/Ethics of students giving advice

how far advanced are u in ur law course manly cheif??

and im thinking of doing litigation 1- coz i wanna fit my timetable in 3 days max and unsw timetables just arent as good as uts lol

ive done crim 1 and 2 so is litigation a good idea? i bet its too hard huh, but the prerequisites are just legal foundations 1001 and 1011 from memory.

 

[mr EaZy]

Re: Legal Advice - Legality/Ethics of students giving advice

its funny how we remember the names of the cases we'd expect to forget the moment we walk out of the lecture theatre

 

[ManlyChief]

Re: Legal Advice - Legality/Ethics of students giving advice

how far advanced are u in ur law course manly cheif??

and im thinking of doing litigation 1- coz i wanna fit my timetable in 3 days max and unsw timetables just arent as good as uts lol

ive done crim 1 and 2 so is litigation a good idea? i bet its too hard huh, but the prerequisites are just legal foundations 1001 and 1011 from memory.

I should be in 4th year now, but I'm taking a year off to do honours in history.
Yay.

 

[erawamai]

Re: Legal Advice - Legality/Ethics of students giving advice

I should be in 4th year now, but I'm taking a year off to do honours in history.
Yay.

What is your honours area of research?

 

[ManlyChief]

Re: Legal Advice - Legality/Ethics of students giving advice

What is your honours area of research?

US immigration policy and the Holocaust, hence the trip to Washington DC at the end of last year ... It's so interesting.

Hugs, stay cool y'all,
- MC xox

 

[mr EaZy]

Re: Legal Advice - Legality/Ethics of students giving advice

I should be in 4th year now, but I'm taking a year off to do honours in history.
Yay.

wow! free hugs to u bro!:wave: