Greetings:
Welcome! You have just joined one of the most popular groups on Myspace filled with some of the most enthusiastic and brightest people you will ever get to meet. Most of the members are attorneys or law students or people aspiring to go to law school to attain a Juris Doctor degree. A handful are here just because. Please feel free to discuss whatever you feel like discussing and to invite others by clicking on the "Invite Others" link above. However, there are three simple rules to follow:
- You may not ask for legal advice.
- You may not respond to requests for legal advice.
- You may not advertise your services, group, business, firm, etc. without the permission of the Group Leader.
Please take note that the Group Leader can and will delete posts and topics which violate these rules or are inappropriate in any other way.
Thank you for joining and have fun!
Sincerely,
The Group Leader
P.S. Since there are many who wonder about rules 1 and 2, here are some of the many reasons why you should not ask or give legal advice:
For those asking for legal advice:
(1) CONFIDENTIALITY. Please remember that MySpace is an open public forum for all to read. If you post confidential information on this forum, you are taking the risk that your opponent, or anyone for that matter, will read it. Also, the contents of your conversations here are discoverable, meaning that they can be subpoenaed in any future litigation. As a general rule, you should not divulge confidential information over the internet, unless you are directly communicating with an attorney (i.e., via e-mail).
(2) ATTORNEY-CLIENT PRIVILEGE. The attorney-client privilege is a special rule that prohibits the government to inquire as to communications made between an attorney and a client. For example, if you discuss with your attorney the ramifications of committing a crime, this conversation is protected under the attorney-client privilege rule and no governmental entity can compel you or the attorney to disclose the contents of that conversation. By you posting information on this forum, you are effectively WAIVING any attorney-client privileges that may have applied otherwise. Therefore, you can be prosecuted by the government for the admissions/confessions that you make here.
(3) NON-ATTORNEY RESPONSE. Please be aware that many of the members of this group are not attorneys. If you do ask for legal advice and receive a response, you are assuming the risk that the "advisor" is not an attorney, and that the advice is not correct or within the bounds of the law. Please also be aware that the members who are attorneys may not have a license to practice law in your state. Therefore, their "advice" may be completely wrong under the laws of your home state. You should not rely on any advice given on this forum.
(4) NO SOLICITATION OF CLIENTS. Many lawyers in many states have ethical rules that prohibit them from soliciting clients. Therefore, if you post a general inquiry about needing an, i.e., employment lawyer, expect not to get a response. You must directly contact the lawyer for them to be able to communicate with you lawfully.
For Legal Professionals:
(1) PRACTICING LAW WITHOUT A LICENSE. If you do not have a license to practice law, don't! It is illegal and a crime. You can be subject to incarceration and potential malpractice claims.
(2) PRACTICING LAW IN ANOTHER STATE. If you do not have a license to practice law in the state that the advice-seeker resides, you cannot give legal advice. This is also illegal and a crime, and can subject you to incarceration and potential malpractice claims.
(3) MALPRACTICE. Unfortunately, we live in a litigious society. If you give someone bad advice, you are taking the risk of them suing you for legal malpractice. For non-lawyers, you too can be sued for malpractice. Yes, it's true.
(4) NO-SOLICITATION RULE. Many state bars prohibit lawyers from soliciting clients when there is a financial gain at stake. Therefore, you cannot solicit clients here. For example, if someone posts an inquiry like "I need an employment attorney, anyone out there?", you cannot respond to this inquiry unless you plan on giving the potential client free legal advice. Remember the client must contact you!
I know these rules are harsh, but they are here to protect the members of this group. I will continue to delete all posts that seek or give legal advice.
Note: If you really are desperate for legal advice and have no where else to go, feel free to contact me PRIVATELY and I may lead you in the right direction.
