Things You Should Know About Offering Legal Advice
What exclusive powers does an attorney have? It's an interesting question, and it has been the subject of a number of intense controversies over the years. Why should an attorney have exclusive powers? Is there something special about an attorney? If so, why? Why does society confer special authority to someone just because we call them a lawyer? Why are they called that in the first place? All fifty states have specific laws and regulations governing the practice of law. These laws are very similar to those governing the practice of medicine, public accounting, or being a financial advisor, insurance salesperson or real estate broker. They are in place primarily to prevent a situation where a member of the public mistakenly relies on the expertise of someone who is not who they claim to be. What is an Attorney? There are two things an attorney can do that nobody else can. One, they can represent a client in a legal proceeding. This is a power conferred on them by operation of law and their membership in something called a "Bar Association." The state Bar is an organization that requires its members to have graduated successfully from an accredited law school and to have passed an examination demonstrating their general competency to conduct a legal practice. The second thing is practicing law itself. The "practice" of law essentially means dispensing legal advice to an individual client. Questions like how to prepare a defense, how to prosecute a lawsuit, which motions to file and when and so forth are questions that require expertise and a duty of care, since the wrong advice can lead to considerable consequences for a client.