Re:We Are All Lawyers Now – The Rise of the Legalish
by gamblor956 on Tuesday October 23, 2018 @03:26PM
(#18286592)
They are what are known as "fiduciary" duties, and they're enforced by the local state bar association acting on complaints and malpractice lawsuits by aggrieved clients.
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Re:We Are All Lawyers Now – The Rise of the Legalish
by riku_iki on Tuesday October 23, 2018 @03:35PM
(#18286674)
So, say I came to lawyer, he gave me wrong advice off the record, because wanted me bring him profit, then charged me $20k for 'legal research' with subsequent heavy litigation, what bar will do?
It is nice that there are bars, but do they make any difference?
Re:We Are All Lawyers Now – The Rise of the Legalish
by JamesBarney on Tuesday October 23, 2018 @04:07PM
(#18286946)
Depending on the advice they could take away his license because a 20k payment fairly obviously creates a client-attorney relationship.
Re:We Are All Lawyers Now – The Rise of the Legalish
by riku_iki on Tuesday October 23, 2018 @04:09PM
(#18286970)
But lawyers almost always give advice off the record, you can't prove anything. In my observations, situation I described is very common.
Re:We Are All Lawyers Now – The Rise of the Legalish
by ValentineC on Tuesday October 23, 2018 @06:44PM
(#18288155)
> But lawyers almost always give advice off the record, you can't prove anything.
If it's of any importance, a lawyer should be more than willing to provide their client with their advice in writing.
This isn't much different from how one shouldn't perform high-stakes transactions without the certainty of a written contract.
Re:We Are All Lawyers Now – The Rise of the Legalish
by JamesBarney on Tuesday October 23, 2018 @04:36PM
(#18287228)
Oh I missed that part of your post, if you're asking do bars punish lawyers when there is no evidence of wrong doing? The answer is it doesn't.
But just saying it's off the record and billing out as legal research instead of practicing law doesn't protect you.