Legal Advice
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Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law. Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being '' pro bono publico'' (in the public good), or simply ''pro bono''. In the
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
systems, it is usually received from a
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
,
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
or
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
; in civil law systems it is given by
advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
s,
lawyer A lawyer is a person who is qualified to offer advice about the law, draft legal documents, or represent individuals in legal matters. The exact nature of a lawyer's work varies depending on the legal jurisdiction and the legal system, as w ...
s or other professionals (such as tax experts, professional advisors, etc.). In some countries, legal advice is subject to the possession of a specific licence; in others, it is simply subject to the general regulation of professional obligation and can be provided by any person, who will usually be legally responsible for the provided advice. The UK's
Legal Services Act 2007 The Legal Services Act 2007 is an Act of the Parliament of the United Kingdom that seeks to liberalise and regulate the market for legal services in England and Wales, to encourage more competition and to provide a new route for consumer compl ...
includes the giving of legal advice within the definition of unreserved legal activities, which means that it can be provided by any person, not just an officer of the court. However, if it is provided by a lawyer or another person authorised by one of the front line legal services regulators, then this activity is included within their regulatory reach. With the advent of the internet, many services have been established to provide individuals the power to conduct their own legal research or prepare their own legal documents.


Legal information

Legal advice is distinguished from legal information which is the reiteration of legal fact. Legal information can be conveyed by a parking meter, sign or by other forms of notice such as a warning by a
law enforcement officer A law enforcement officer (LEO), or police officer or peace officer in North American English, is a public-sector or private-sector employee whose duties primarily involve the enforcement of laws, protecting life & property, keeping the peace, ...
. Printed legal materials, such as directions and
how-to How to or how-to (among other spellings) may refer to: * A user guide ** An owner's manual, more narrowly * A tutorial ** Especially, instructional material created for the do it yourself market In titles of specific works * How to... (film serie ...
manuals, are generally not considered legal advice. Accordingly, instructions on how to meet court requirements for the submission of forms and other court documents do not constitute legal advice. Thus, a non-lawyer may sell legal forms, provide general instructions for filling out the forms, and provide typing services for the entry of information into forms, provided no legal advice is given. Basic instruction on how to complete a legal form, where to place information on the form, and the definition of legal terms used on a form constitute the provision of legal information. Instructing a person on how to phrase information in a legal document or form, or advising the person as to what he or she should say in court, is the provision of legal advice. Similarly, application of legal rules and principles to a specific set of facts and advising a course of conduct is almost always held to constitute legal advice.


See also

*
Legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right ...
* Legal awareness * Judge–advisor system, an entity used by academic researchers to study the giving and taking of advice


References

{{DEFAULTSORT:Legal Advice Civil law (common law) Practice of law Advice (opinion)