Tuesday, January 11, 2022

Yale Law Journal Article on Prohibition on Giving Legal Advice

A recent article in the Yale Law Journal tackles an issue that I am sure many law librarians and court employees have thought about: the prohibition against non-lawyers providing "legal advice", a very ambiguous concept at times

The text deals with the reality in the United States but many of the issues will appear familiar to Canadians:

"In Part I of this Essay, I discuss the range of “legal advice” limitations promulgated by jurisdictions across the country, which, in many cases, lead to the withholding of critical information from individuals attempting to navigate the legal process. In Part II, I highlight some of the dangers posed by such broadly construed limitations, including constitutional due-process concerns. Finally, in Part III, I argue that courts and legislatures should be more explicit in their definitions of legal advice, eliminating any fear that court personnel may have of violating unauthorized-practice-of-law rules. They should also narrow definitions of legal advice to ensure that they protect rather than undercut unrepresented litigants."


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posted by Michel-Adrien at 6:36 pm


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