Don't Take Legal Advice Here...

by admin Administrator
48 replies
This has been said a number of times here but many people still don't seem to listen. I just read a post that if listened to could and most certainly would get you sued till your teeth bleed.

When in doubt, get a real lawyer.
#advice #legal
  • Profile picture of the author Dennis Gaskill
    Some things never change. Thanks for the reminder.
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    Just when you think you've got it all figured out, someone changes the rules.

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  • Profile picture of the author R Hagel
    Thank you for posting this. It's amazing to me that people keep asking for legal advice from a forum full of strangers. And it's even more amazing that people answer with things like, "I doubt you'll get in trouble if you just [insert dumb thing here]."

    Cheers,
    Becky
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    • Profile picture of the author Tom B
      Banned
      Fine, I will stick to giving medical advice then.

      I remember a person on here claiming to be a lawyer and a few people listening. It turned out she was not a lawyer so please make sure you talk to a lawyer in your state or country.
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      • Profile picture of the author R Hagel
        Originally Posted by Thomas Belknap View Post

        I remember a person on here claiming to be a lawyer and a few people listening. It turned out she was not a lawyer so please make sure you talk to a lawyer in your state or country.
        I remember her. Whew. She started tripping up when someone asked her where she practiced/was licensed, and she said "all over." Still, she managed to scam a few Warriors before folks found out she wasn't a lawyer.

        Cheers,
        Becky
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        • Profile picture of the author Tom B
          Banned
          Originally Posted by R Hagel View Post

          I remember her. Whew. She started tripping up when someone asked her where she practiced/was licensed, and she said "all over." Still, she managed to scam a few Warriors before folks found out she wasn't a lawyer.

          Cheers,
          Becky

          That was me asking. hehe

          She said she didn't need a license because she practiced at the federal level. I had a lot of members giving me crap because I didn't believe her.
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          • Profile picture of the author seasoned
            Originally Posted by Thomas Belknap View Post

            That was me asking. hehe

            She said she didn't need a license because she practiced at the federal level. I had a lot of members giving me crap because I didn't believe her.
            Actually, I don't think paralegals generally need licenses. But THEIR job is not actually to provide legal advice per se, but advice on which forms to use and how they should be filled out. USUALLY, the better ones work for lawyers who check their work, etc...

            Paralegal - Wikipedia, the free encyclopedia

            Of course, a paralegal should NEVER present themselves as a lawyer.

            As for "federal lawyers", who knows. "institutional investors" don't need a license, believe it or not. The reasoning is that SUPPOSEDLY everyone knows what they are doing. Never mind that that would mean bernie madoff never would have gotten a penny.

            Steve
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      • Profile picture of the author sbucciarel
        Banned
        Originally Posted by Thomas Belknap View Post

        Fine, I will stick to giving medical advice then.

        I remember a person on here claiming to be a lawyer and a few people listening. It turned out she was not a lawyer so please make sure you talk to a lawyer in your state or country.
        lol ... hey doc ... I got this little thing ...
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      • Profile picture of the author Rod Cortez
        Originally Posted by Thomas Belknap View Post

        Fine, I will stick to giving medical advice then.

        I remember a person on here claiming to be a lawyer and a few people listening. It turned out she was not a lawyer so please make sure you talk to a lawyer in your state or country.
        I remember that nut job. A few years ago we had a paralegal in here giving legal advice. Back then we actually had a couple of real attorneys that were members here and one of them set her straight. But I don't see either of them posting here anymore. I've never posed a legal question here because that's what I pay attorneys for.

        Good advice from the OP, but I have a feeling people are still going to give out bad legal advice. I mean, they can't even get their information straight in autoresponder threads.....sheeeesh.

        Btw everybody, I've got a great stock you should buy today........

        RoD
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        "Your personal philosophy is the greatest determining factor in how your life works out."
        - Jim Rohn
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        • Profile picture of the author Tom B
          Banned
          Originally Posted by Rod Cortez View Post

          I remember that nut job. A few years year we had a paralegal in here giving legal advice. Back then we actually had a couple of real attorneys that were members here and one of them set her straight. But I don't see either of them posting here anymore. I've never posed a legal question here because that's what I pay attorneys for.

          Good advice from the OP, but I have a feeling people are still going to give out bad legal advice. I mean, they can't even get their information straight in autoresponder threads.....sheeeesh.

          Btw everybody, I've got a great stock you should buy today........

          RoD
          I remember this other hairy nut job that is on here pretending to know what he talks about. Something like Kiley, Miley, Friley... oh yeah, Riley.
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      • Profile picture of the author lgibbon
        Banned
        Originally Posted by Thomas Belknap View Post

        Fine, I will stick to giving medical advice then.

        I remember a person on here claiming to be a lawyer and a few people listening. It turned out she was not a lawyer so please make sure you talk to a lawyer in your state or country.
        It's not just the lawyers you've got to worry about.
        There are lots of other "pretenders" lurking around.
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        • Profile picture of the author Tom B
          Banned
          Originally Posted by lgibbon View Post

          It's not just the lawyers you've got to worry about.
          There are lots of other "pretenders" lurking around.

          Shhh... don't give out my secret Leslie.
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        • Profile picture of the author Rod Cortez
          Originally Posted by lgibbon View Post

          It's not just the lawyers you've got to worry about.
          There are lots of other "pretenders" lurking around.
          Exactly. Some people pretend to be cue balls, hillbillies, or hamster kings. You've really got to be on your toes in here!

          RoD
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          "Your personal philosophy is the greatest determining factor in how your life works out."
          - Jim Rohn
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  • Profile picture of the author badboy_Nick
    Originally Posted by admin View Post

    This has been said a number of times here but many people still don't seem to listen. I just read a post that if listened to could and most certainly would get you sued till your teeth bleed.

    When in doubt, get a real lawyer.
    Really surprising someone would actually consider taking legal advice NOT from a lawyer. But hey, the last time I was surprised was a while ago lol

    Nick
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  • Profile picture of the author x3xsolxdierx3x
    Originally Posted by admin View Post

    This has been said a number of times here but many people still don't seem to listen. I just read a post that if listened to could and most certainly would get you sued till your teeth bleed.

    When in doubt, get a real lawyer.
    I hope it wasn't advice I gave. lol.
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  • Profile picture of the author Underground SEO
    Yeah it's not the smartest thing to do!
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  • Profile picture of the author seasoned
    Well, I usually err on caution and tend to say IANAL. So I know I didn't offer the bad advice.

    Sadly, lawyers cost a lot, and some just want to say "NA NA NANA NA", or get or give comfort. USUALLY that "advice" could REALLY get you in trouble.

    I just finished pointing out that a site is likely NOT owned by you tube, and using it MIGHT lead to copyright infringement. I DID say IANAL, and indicate that was just my take.

    Steve
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    • Profile picture of the author Nail Yener
      So, what was the post about?
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      • Profile picture of the author andrewwilkie
        I'd say this. It pretty much natural behaviour. Regardless of the circumstances. We all take advice from people who aren't "qualified" to give it. Yet, we still listen to them.

        Enter stage right my family - the employment lawyers, business owners, health experts, financial masters, car mechanics etc. etc. etc.
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  • Profile picture of the author Ken Leatherman
    I can't help but wonder what goes through peoples head when they ask questions, they are risking their entire online business on and the wellfare of their family?

    But then what really blows me away, is the Warriors (some pretty well known) that give answers that are out of the blue. Very bad form IMHO. And what are you going to do when the Warrior you gave the advice to, hires a real shyster and they come after you for bad advice. It happens you know.

    Trying to save a buck on lawyer fees up front can literally end up costing you thousands of dollars and every asset including your home.

    One last thing and then I'll shut up. Make sure the lawyer you seek advise from is well versed in internet law.

    Ken
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    • Profile picture of the author John Taylor
      Ken,

      Originally Posted by Ken Leatherman View Post

      I can't help but wonder what goes through peoples head when they ask questions, they are risking their entire online business on and the wellfare of their family?
      Nature abhors a vacuum, so it fills it with
      mindless questions. ;-)

      John
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      John's Internet Marketing News, Views & Reviews: John Taylor Online
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  • Profile picture of the author Shane N
    Wait... I thought everybody here was a lawyer? Oh no!
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  • Profile picture of the author Michael Oksa
    The gist of the post that prompted to post this is 100% irrelevant to the main point.

    DON'T GET LEGAL ADVICE HERE.

    Here is what I think a BIG part of the problem is: People don't realize they are asking a question with legal implications.

    "Can I use any images I find on Google?", for example. In some (not all) cases, the person asking honestly doesn't understand this is a legal question. They may be worried about Google closing their site (even though Google has NOTHING to do with their domain or hosting), but not worried about getting sued by the person who took the picture.

    Also, I believe an even higher percentage don't want the "real" legal answer...

    Nope.

    Instead, they want...

    Permission from others to continue their bad behavior.

    Anyway, great post Allen!

    All the best,
    Michael
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    "Ich bin en fuego!"
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  • Profile picture of the author Matthew Shane Roe
    Maybe you should sticky this thread Allen? At least it will be there as a constant reminder for folks to look at.
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  • Profile picture of the author Pragun
    Will do Cap'n.

    Thanks for the heads up, again
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  • Profile picture of the author Marhelper
    Some people are so desperate for advice that they will take any that they can get.
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    • Profile picture of the author halfpoint
      Originally Posted by Marhelper View Post

      Some people are so desperate for advice that they will take any that they can get.
      Yep, it's sad. Many times people just want someone to agree with their opinion so when someone does they presume it must be correct.
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  • Profile picture of the author kindsvater
    Originally Posted by admin View Post

    I just read a post that if listened to could and most certainly would get you sued till your teeth bleed.
    What's wrong with that? That can be good for us real lawyers!

    The fact is - nothing is more expensive than getting sued. My office can pull in a hundred grand from one case. Usually, though, its a lot less because the sleepless nights and emotional terror caused by a lawsuit generate the need for a prompt resolution.

    Brian Kindsvater, Esq.
    Specializing in Representing those with Bleeding Teeth

    .
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    • Profile picture of the author Harvey Segal
      I am truly shocked by this post.

      What exactly is the problem ?

      Has anyone complained ?

      Can you point to an example ?


      -----------------------


      Oh sorry I misread the title.

      I thought it said :

      Don't Take Segal Advice Here...
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      • Profile picture of the author Jill Carpenter
        On the flip side, you can probably learn quite a bit here and get advice about spending lots of money you don't have on things you don't really need.
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        "May I have ten thousand marbles, please?"

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    • Profile picture of the author Bill Farnham
      Originally Posted by Steven Wagenheim View Post

      Actually, I'd rather play some handsome hunk who gets to sleep with the hot girl.
      Steve, you need to buy my ebook...

      ~Bill
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  • Profile picture of the author Thaddaeus T. Hogg
    Exactly. Some people pretend to be cue balls, hillbillies, or hamster kings. You've really got to be on your toes in here!
    I dun KNOWED yew ain't talkin 'bout me! I ain't NEVER said I wus no dadburn hamster king!

    Ain't nuthin in the whole wide earth dun sets me off as folk purtendin ta be sumthin they isn't! It's sorta like folk round here thankin Kevin Riley is a stoopid ole pervert! I happen ta be a knowin fer a fact thut Kevin Riley ain't all thut stoopid!

    Shhh... don't give out my secret
    Yore secret shore nuff is safe with me cue ball! Whut yew and Mr. Riley dew in yore sparest time shore don't be a botherin me none!
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    Thaddaeus T. Hogg, The Hillbilly Marketeer
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  • Profile picture of the author R Hagel
    ethical bump
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    • Profile picture of the author JohnMcCabe
      The only value one might get from asking legal questions on this forum is getting perspectives you may not have considered or points you may not have thought of.

      This can lead you to asking smarter questions when you do sit down with your lawyer, which can save you money and get you better advice. You might even try something like:

      "Here's the situation as I described on a forum full of usually smart people, and here's what they said in response. What do you think? What else do I need to ask you?"
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      • Profile picture of the author Alan Petersen
        Not just legal I've seen a lot of peeps asking for and receiving accounting advice as well. I'm sure the IRS will let it slide because you got bad advice on an online forum.

        To get real legal/CPA advice isn't as expensive as many fear. I'm just talking about asking an attorney a question and having them give you their legal advice not having them do a whole bunch of legal work. That gets more pricey of course.
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  • Profile picture of the author poker princess
    I am really surprised by this thread and various comments in this thread. Thank you all for posting your valuable suggestions.

    Does this really happen in this forum too. I have been not quite regular here but it seems interesting reading what exact "legal advice" people are giving here
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  • Profile picture of the author Mrs S
    This is probably the best advice you'll get in this forum today

    I think it's quite good to be able to sound things out around potential legal and accounting issues so that you can then go and talk to a professional.

    I've found from working with lawyers that you need to ask the right question to get the best advice - so it helps to have an idea of what you're talking about before you ask them!
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    • Profile picture of the author Darrell Hagan
      Originally Posted by Mrs S View Post


      .....I've found from working with lawyers that you need to ask the right question to get the best advice - so it helps to have an idea of what you're talking about before you ask them!.....
      Now that makes good sense.
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      • Profile picture of the author Steven Wagenheim
        I'm going to go one step further.

        Contrary to popular opinion, not every lawyer is versed in business law so
        taking advice from one who specializes in home closings and wills may also
        land you in a lot of trouble.

        If you're going to take legal advice, even from a certified lawyer, make sure
        his specialty is in business law.

        Otherwise, you are looking for trouble.
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        • Profile picture of the author seasoned
          Originally Posted by Steven Wagenheim View Post

          I'm going to go one step further.

          Contrary to popular opinion, not every lawyer is versed in business law so
          taking advice from one who specializes in home closings and wills may also
          land you in a lot of trouble.

          If you're going to take legal advice, even from a certified lawyer, make sure
          his specialty is in business law.

          Otherwise, you are looking for trouble.
          You ALSO need someone specialized in the SUBTYPE! HECK, I had a lawyer friend of mine "help me out" with a case. He was in BUSINESS LAW, CONTRACT LAW, but specialized in that from a DRUG perspective! He was of NO help! I should have worked on it MYSELF! A few weeks later, I came up with some GREAT ways to fight it, one even based on a constitutional amendment. Of course, having to fight it long distance was ALSO a problem.

          It would have helped to know laws having to do with statute limitations, their application, and venue limitations, and laws regarding notification of bankruptcy. MY reading of that statute, which the receiver's lawyer OBVIOUSLY fought, said that it should have been presented at least 1 year earlier. If it were, I could have simply gone to court and argued my case. I called the judge's office, but they said they didn't care about the legality of it, and that it would have to be argued during the trial.

          BTW I couldn't approach another attorney because even 10 hours at 250 would have been about 1/2 the claim. I knew that any failure to have a 100% win would probably mean paying 1/2 the claim.

          EVEN a lawyer specializing in bankruptcy law might have failed to be a help, since they used a part of the code which apparently is not well known.

          It is ironic that you have to know something about the law to figure out what lawyer may be able to help you with what you DON'T know! ALSO, if the amount were say 10 times as much, I might have simply asked a lawyer to handle EVERYTHING! Research, evidence, filings, and even APPEARANCE!

          I was perhaps the ONLY one in the remaining 21 defendents, that was PRO PER! Just the fact that they state that should be ILLEGAL! Attorneys may push those people harder, etc... It amounts to poker players requiring all with weak cards, or little to lose, to put all cards on the table.

          Steve
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  • Profile picture of the author Darrell Hagan
    Many times when asking for legal opinions/advice here, those asking are involved in a bad situation for whatever reason and their emotional state is topsy turvy. Because of that, the person will usually listen to anything which gives them hope. I've been there myself but fortunately had the good sense to seek out a real lawyer before any serious harm was done.

    I never offer legal advice because I am not an attorney nor do I play one on TV.
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  • Profile picture of the author milan
    Don't get legal advice here.
    But let me expand on this. While it might not cost you as much:

    Don't get programming advice here.
    I don't know why many people seek programming advice on a marketing forum, when there are forums where expert programmers are. The best programmer on a marketing forum is probably just an average programmer..

    Don't get hardware advice here.
    This puzzles me even more. Why would marketers give you great specific advice on solving hardware problems? Does it cost to visit another forum where there are experts on hardware?

    Long story short, my point is that to get the most from a best internet marketing forum you are better asking, searching, commenting on topics related to...(drums please)... internet marketing. Yes, you will get answers on something else too, because everybody has an opinion, but you need to weight opinions.
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    • Profile picture of the author metas
      I totally agree, however...

      1) I think there's a distinct difference (perhaps subtle for the reader/commenter) between asking for legal advice and requesting feedback.

      In other words, when I say "will i get my account suspended if I _____", I'm not asking for advice, but asking if anyone has had that happen - more anecdotal than advisory.

      It might help if the questions where worded better as well... "has anyone had their account suspended" instead of something that sounds like a request for advice.

      2) I love the US - lived there for a long time and over half my family is American (mostly dual citizens). However, it must be said that legal paranoia is a distinctly American affliction... but, for good reason, as over 90% of lawyers are American, or at least live in and file suits in America.

      Illegal very often doesn't mean wrong or unethical, especially these days. Also, the US, Canada and parts of Europe are completely over-legislated; it's ridiculous when you really look at it. Most of these laws do not exist outside of these countries, and often not enforced outside the US (and often not enforced even within - just meant to intimidate). I mean, the recent "law" that came out "regulating" review sites and internet marketing in general, does not apply to me... and countless other IMers and Warrior Forum members. How could it? How could another countries laws affect me? Impossible. Yet, I hear all these admonishments to obey or at least beware. What?! So, if Sweden passes a certain law on squeeze pages are we all, including Americans, to begin obeying that legislation. Again, ridiculous. Most of these "laws" while definitely not applicable outside borders, are ludicrous as well, and I think while they should be noticed and understood, treated lightly.

      The US is a great place with many benefits. Unfortunately, one of the consequences of living there is the rampant litigation and perpetual, incessant law-making. Most of the rest of the world is not concerned with this however! I'm not suggesting non-Americans shouldn't care about these things and consider them... just that Americans might realize that citizens/residents of other countries are usually not nearly as concerned. That might be an important point as many of the IMers and (quality) commenters come from the US and it would be nice if the fear of these things be tempered when talking to people who live outside its jurisdiction.

      Wow, sorry got a little off-topic there, but I thought it should be said and I've been open to an opportunity to say it after years of frustration, lol.

      Anyway, YES follow admins advice and do not ask for legal advice here! But, I think requesting feedback should be OK.

      Just a couple thoughts to throw in the mix. Great post. James
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  • Profile picture of the author metas
    I should add 2 things:

    1) There could be (probably is) legal jurisdiction over stuff/things that actually exist in the US, like content that rests in US servers (the reach of these laws and subsequent consequences, or more specifically, likely consequences is still vastly overstated). However, there is no US legal jurisdiction for things that rest outside its borders... period.

    2) Everyone is wholely responsible for everything they do. It is a frustrating apparent cultural phenomenon these days that people wish to lay blame at other's feet when things go wrong. You are an adult with the internet at you fingertips and professional services within driving distance. So, whenever and wherever you choose to take "legal advice" you are solely responsible for the outcome of actioning this advice. Again, period.

    It's actually not the problem of sharing thoughts (dare I say giving advice), it's a problem that people will take this advice on a relatively serious matter and without further consideration (off a single forum perhaps!) put it into action and then blame a thread or post on a forum or some anonymous virtual person. What the what?!

    You have to take your affairs seriously, get educated or properly advised (whatever that means to you), and then take personal responsibility for whatever it is that you choose to do. I think it's really that simple. But, it's tempting to take a single comment as wholesale advice and then blame the comment for an unwanted outcome. It's stupid and silly, but human nature, at least in this day and age, to a great extent.

    Alright, I'll stop kicking this subject! Back to IM, best, James
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    • Profile picture of the author David McAnulty
      This is the only place I get my legal advice.
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      David

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  • Profile picture of the author seasoned
    Metas,

    I have a joke that SOUNDS like it is against new jersey, and they kind of loved it. Some here may HATE it! Sorry Brian, Bob, and whoever else here may hate it....

    How come New Jersey has so many toxic waste dumps, and california has so many lawyers?












    New Jersey got to choose FIRST!!

    It is INCREDIBLE! WHERE ELSE can a MURDERER be treated to cable, meals, healthcare, have classes, and even a gym area? WHERE ELSE can such a murderer, if under 18. possibly be let free when they turn 18 with NO bad marks? WHERE else could a robber SUE the victims for millions because they got hurt trying to steal, and WIN!?!?!? HECK, look at BP! They may get away with paying $75million for the gusher.

    So yep, there is a reason why people want to avoid such things.

    Steve
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  • Profile picture of the author Ilya Feynberg
    It makes people feel warm and fuzzy, and they feel better that they've just "solved" their legal problems. Any opinions on legal matters that I hand out, are ALWAYS followed with the proper disclaimer and admittance that am NOT a lawyer and that you really should get one.
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  • Profile picture of the author LaLaLives
    And might I add to get a lawyer that specializes in the area you need help in. For example, a divorce lawyer won't necessarily be as polished on real estate law as one who actually specializes in real estate and vise versa.

    A lot of times people take the title "lawyer" or "attorney" to mean that a person is experienced enough to offer correct legal advice across the board just off the top of their head, and this isn't always the case. A good lawyer will tell you that something is not her specialty and refer you to one better versed on a topic.
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    • Profile picture of the author metas
      @seasoned, I hear you perfectly. It's sad but true the state of litigation in the US. But, in the online and digital worlds you can easily put yourself outside it's jurisdiction... where something exists determines the rules it lives under - things and people (upload a file to a server in Hong Kong and that file is under the jurisdiction of Hong Kong, not Kentucky or the US). I'm shocked that more Americans living in the US don't do it. The costs are negligibly higher, with virtual bulletproof protections. I think that we've not been taught these things intentionally and instead been taught that "offshore" is dirty. Hmmm... who taught us this... "them". Anyway, don't take my word for it, look into it yourself and you should be able to rest easy almost over night.

      I'm not suggesting that anyone use this to do anything that lacks integrity; I have extensive protections and still choose to operate white-hat. However, it can protect you from ludicrous lawsuits and out-of-control 3 letter acronyms. Too often the good guys are the victims in this new system. Get your affairs straight and these "rules" don't apply.

      Educate yourself and a whole new world opens up... it's funny how North America looks when you're outside looking back in and not living in it. I love it, but it's a strange place in many regards and much of it I don't want any part of... hence, structuring affairs in a certain way to protect against unlawful actions by rogue bureaucracies and government.

      Sounds like lunatic fringe speak, but it's accurate. Sad, but true.

      Best, James
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