LegalAdviceZone.com

What constitutes legal advice in the law world?

I am the working poor and cant afford a attorney and because I make $13,500 a year I made $500 dollars to much in a year to get a public defender, so I have no attorney. you would think I would be able to find legal advice such as how to do motions step by step and trail preperation on the internet but I cant because of this no one can give legal advice but a attorney. Why are people so scared to give legal advice on the internet.

Public Comments

1. For a very simple reason: giving legal advice can create real responsibilities and liabilities from the attorney to the person receiving the advice. Especially when the attorney doesn't have any personal contact with the client, there is a real risk that the advice the attorney gives will be wrong or inapplicable. And no attorney would risk his license in this way. Almost every court has a self-help desk - that's a good place to start. Some legal libraries offer access to members of the public, and just about every county in the country has a law library. Finally, your local bar association may have a program for walk-in advice, or a list of attorneys in your area who work on a sliding scale. Find them in your phone book.
2. I don't know of any "scared" to give advice. I do not because most questions reveal so much lack of knowledge that one would have to start with a description of a pencil. Of those that are qualified to give advice, they make their living by giving advice and see no reason to give it away for free. A question such as "how do I prepare a motion" is absolutely meaningless and any response would likewise be meaningless. How to prepare a trial? Gather your evidence and marshal your arguments concerning the legal significance of that evidence. To explain that to you would take a year.
3. If you really describe to a legal person what exactly is up and what you want to do in details, they maybe able to tell you how much they can help you. I dont think what you really need is what is called legal Advice. You need help with the procedures. You need to find out if what you are looking for is criminal procedure or Civil procedure. Once you do that. Then you will be in the right track. To find out the procedure, find out if your case is a criminal or civil case. In criminal cases,mostly the prosecutor / state prepars and starts all the actions. You just need to appear in court with the lawyer or yourself In Civil cases you can start it yourself and thats where you need help I guess. The civil procedure can be found in the internet. If you have any questions, email.
4. As a member of the legal community I can tell you that the main reason for your situation and the heavy burden it has placed on so many. I will use your terminology the working poor is simply GREED and more GREED. To make it illegal that no one can give legal advice unless your a liscensed attorney is the biggest scam in the history of the world. In the family court I can write a general how to book on how to do anything in the family court in a step by step procedure format in just a 100 page book. The book would be differant though for each state as each state has there own rules and laws. A lot of people who are pro se (representing themself) will go to the clerk of court and pull a folder with a similar case as theres and copy the motions, then change the lanquage of that motion to fit there situation. Attorneys have instituted the law that only a attorney can give legal advice to guard there profession and make it 100 percent profitable. Its the same as guarding a trade secret, just as masons and blacksmith did long ago. Its not illegal for you to change your own flat tire, even though your not a liscensed mechanic and that tire could come off and kill someone, but its illegal for anyone to give illegal advice such as telling them how to properly write motions and summons and complaints. If you started a buisness writing motions for someone and doing legal documents even though you wrote every single one right and made no mistakes you would be sued with in the first year and criminal charges would be filed against you. Just rememer that there is an liscensed practicing attorney for every 75 americans. As a member of the legal community I concurt that this law should be thrown out and everystate shoudl have a website that is devoted to showing the public on how to do every action in a civil court with how to videos, and examples of actual writen documents such as motions etc. The current system in the court has closed off the system where the system should be open and transparent as the Founding Fathers intented it to be.