What is the purpose of a disclaimer like “this is not legal advice”?USA: Is “I am not a lawyer”...
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What is the purpose of a disclaimer like “this is not legal advice”?
USA: Is “I am not a lawyer” disclaimer generally necessary?Can non-lawyers help people study law and do small claims?Why don't lawyers keep a queue of contingency cases?Why don't attorneys like to offer subjective advice?Why do non-lawyers refer you to lawyers even when they know the answer?If a barrister cannot convince his client to act on his advice, should not the lawyer still effect and respect the client's instructions?When are advisory rulings ever not “private legal advice”?Why mention that you are not a lawyer if you are not providing legal advice?Does adding text “I am not a lawyer” or equivalent, on the internet in general, do anything in legal terms?What is the purpose of including the statement “All trademarks are property of their respective owners”?
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I assume legal advice means one party instructing another party on how to comply with laws (like a consultant might do).
Do they disclaim some kind of liability? Do they merely avoid suggesting they are lawyers when they're not?
european-union germany lawyer disclaimers unlicensed-practice
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
add a comment |
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I assume legal advice means one party instructing another party on how to comply with laws (like a consultant might do).
Do they disclaim some kind of liability? Do they merely avoid suggesting they are lawyers when they're not?
european-union germany lawyer disclaimers unlicensed-practice
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
Just FYI - You might also see "IANAL, but the defendant..." where "IANAL" stands for "I am not a lawyer". (Just in case someone sees that at work and doesn't want to Google it.)
– BruceWayne
4 hours ago
To me, this always sounds like "no copyright infringement intended" or "this is fair use" in the description of a clearly violating video on YouTube.
– xehpuk
22 mins ago
add a comment |
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I assume legal advice means one party instructing another party on how to comply with laws (like a consultant might do).
Do they disclaim some kind of liability? Do they merely avoid suggesting they are lawyers when they're not?
european-union germany lawyer disclaimers unlicensed-practice
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
If someone who is not a lawyer is giving out legal advice, does it make any difference if they include a disclaimer along the lines of "this is not legal advice"?
For the purposes of this question, I assume legal advice means one party instructing another party on how to comply with laws (like a consultant might do).
Do they disclaim some kind of liability? Do they merely avoid suggesting they are lawyers when they're not?
european-union germany lawyer disclaimers unlicensed-practice
european-union germany lawyer disclaimers unlicensed-practice
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
asked 10 hours ago
Stefano PalazzoStefano Palazzo
1667
1667
Just FYI - You might also see "IANAL, but the defendant..." where "IANAL" stands for "I am not a lawyer". (Just in case someone sees that at work and doesn't want to Google it.)
– BruceWayne
4 hours ago
To me, this always sounds like "no copyright infringement intended" or "this is fair use" in the description of a clearly violating video on YouTube.
– xehpuk
22 mins ago
add a comment |
Just FYI - You might also see "IANAL, but the defendant..." where "IANAL" stands for "I am not a lawyer". (Just in case someone sees that at work and doesn't want to Google it.)
– BruceWayne
4 hours ago
To me, this always sounds like "no copyright infringement intended" or "this is fair use" in the description of a clearly violating video on YouTube.
– xehpuk
22 mins ago
Just FYI - You might also see "IANAL, but the defendant..." where "IANAL" stands for "I am not a lawyer". (Just in case someone sees that at work and doesn't want to Google it.)
– BruceWayne
4 hours ago
Just FYI - You might also see "IANAL, but the defendant..." where "IANAL" stands for "I am not a lawyer". (Just in case someone sees that at work and doesn't want to Google it.)
– BruceWayne
4 hours ago
To me, this always sounds like "no copyright infringement intended" or "this is fair use" in the description of a clearly violating video on YouTube.
– xehpuk
22 mins ago
To me, this always sounds like "no copyright infringement intended" or "this is fair use" in the description of a clearly violating video on YouTube.
– xehpuk
22 mins ago
add a comment |
3 Answers
3
active
oldest
votes
In most jurisdictions, practising law without bar license is A serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers, also use this disclaimer, to avoid any 'constructive implication' of attorney-client relationship.
answered 9 hours ago
Love BitesLove Bites
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
2
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
2
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
add a comment |
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.
answered 10 hours ago
gnasher729gnasher729
11.3k1026
1
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
1
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
|
show 4 more comments
If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc.
But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this very site probably gets many answers from legal professionals, and readers might assume that answers that seem well researched (e.g. citing court cases) are from such posters. If you're not one of them, this might then be construed as practicing law without a license, which could get you legal trouble.
But even if it isn't taken that far, someone might take action that assumes you really know what you're talking about. There might not be legal repercussions on you, but you should still feel bad about leading them the wrong way.
The disclaimer should protect you from any legal liability, and hopefully will also warn people that they should take your advice with a grain of salt. It's easy to state, and there's practically no downside, so it's best to be safe.
Disclaimer: IANAL
answered 3 hours ago
BarmarBarmar
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
1
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
1
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
|
show 1 more comment
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3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
In most jurisdictions, practising law without bar license is A serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers, also use this disclaimer, to avoid any 'constructive implication' of attorney-client relationship.
answered 9 hours ago
Love BitesLove Bites
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
2
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
2
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
add a comment |
In most jurisdictions, practising law without bar license is A serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers, also use this disclaimer, to avoid any 'constructive implication' of attorney-client relationship.
answered 9 hours ago
Love BitesLove Bites
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
2
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
2
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
add a comment |
In most jurisdictions, practising law without bar license is A serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers, also use this disclaimer, to avoid any 'constructive implication' of attorney-client relationship.
answered 9 hours ago
Love BitesLove Bites
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
In most jurisdictions, practising law without bar license is A serious offence, which, inter alia, is the primary reason why a non-lawyer would use this disclaimer.
Lawyers, also use this disclaimer, to avoid any 'constructive implication' of attorney-client relationship.
answered 9 hours ago
Love BitesLove Bites
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 9 hours ago
Love BitesLove Bites
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 9 hours ago
Love BitesLove Bites
911
answered 9 hours ago
Love BitesLove Bites
911
911
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Love Bites is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
2
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
2
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
add a comment |
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
2
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
2
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
How is giving advice equal to "practicing law"?
– pipe
5 hours ago
2
2
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
@pipe: It doesn't need to be equal, it's sufficient that giving legal advice is part of practicing law. Note the adjective legal advice, financial advice would be another matter.
– MSalters
4 hours ago
2
2
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
@pipe quick tangent: I used to be an engineer. In Canada, engineering is a "protected profession" (like lawyer, you need to be part of the order and have a permit to practice). As an engineer (and I was a software one), almost everything I was saying could legally be understood as "engineering advice". I give you tips on how to make a reno in your house (being the least DIY guy myself): I'm liable for it. I legally can't use "this is not engineering advice"... but if I could... I would've :p
– Patrice
2 hours ago
add a comment |
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.
answered 10 hours ago
gnasher729gnasher729
11.3k1026
1
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
1
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
|
show 4 more comments
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.
answered 10 hours ago
gnasher729gnasher729
11.3k1026
1
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
1
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
|
show 4 more comments
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.
answered 10 hours ago
gnasher729gnasher729
11.3k1026
This is not legal advice.
If I say "this is not legal advice", and you rely on what I say, and try to sue me if everything goes pear shaped, then a judge will laugh you out of court.
If I don't say "this is not legal advice", there is a 99% chance that the judge will laugh you out of court. I'll cover the one percent.
answered 10 hours ago
gnasher729gnasher729
11.3k1026
answered 10 hours ago
gnasher729gnasher729
11.3k1026
answered 10 hours ago
gnasher729gnasher729
11.3k1026
answered 10 hours ago
gnasher729gnasher729
11.3k1026
11.3k1026
1
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
1
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
|
show 4 more comments
1
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
1
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
1
1
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
I do not really understand that 1%. If I tell someone on an Internet forum "this is legal advice", how can they turn that into an argument in their favour in court? I am a random Internet bot who provides random internet advice in an anonymous context.
– WoJ
5 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@WoJ I think gnasher's point was that even though most of the time a judge will take a look at the argument "since I followed the advice of a person on the internet, they're now my lawyer" and laugh you out of court, there's a small chance that a judge might take the claim seriously, and warm to the idea that there was something special about this case where you did pass yourself off as a lawyer, or establish an attorney-client relationship because of it. Given the major disaster that would be, a CYA by making it explicit is a minor price. (Lawyers are all about the CYA.)
– R.M.
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
@R.M.OK, now I understand. This is for a lawyer who presents himself as a lawyer and is afraid of how his advice will be perceived. I still believe that this is an extreme case where the "advice-taker" needs to prove that the Barack Obama who answered in the thread is indeed THE Barack Obama - which will be extraordinary difficult within one country and not possible cross-countries without involving Interpol. And then hope for the 1% discussed earlier. I understand that this is a concern for lawyers in the US, but still this is overestimating dogs on Internet.
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
I mentioned "US" in my comment as I have never seen in a law forum in France someone padding their answer with IANAL or IANYL. I would be curious how much this 1% could apply to EU in general (which is the core of the OP question)
– WoJ
4 hours ago
1
1
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
@only_pro I use "IANAL" all the time, and my intent is mainly "Take what I say with a grain of salt"
– Barmar
2 hours ago
|
show 4 more comments
If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc.
But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this very site probably gets many answers from legal professionals, and readers might assume that answers that seem well researched (e.g. citing court cases) are from such posters. If you're not one of them, this might then be construed as practicing law without a license, which could get you legal trouble.
But even if it isn't taken that far, someone might take action that assumes you really know what you're talking about. There might not be legal repercussions on you, but you should still feel bad about leading them the wrong way.
The disclaimer should protect you from any legal liability, and hopefully will also warn people that they should take your advice with a grain of salt. It's easy to state, and there's practically no downside, so it's best to be safe.
Disclaimer: IANAL
answered 3 hours ago
BarmarBarmar
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
1
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
1
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
|
show 1 more comment
If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc.
But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this very site probably gets many answers from legal professionals, and readers might assume that answers that seem well researched (e.g. citing court cases) are from such posters. If you're not one of them, this might then be construed as practicing law without a license, which could get you legal trouble.
But even if it isn't taken that far, someone might take action that assumes you really know what you're talking about. There might not be legal repercussions on you, but you should still feel bad about leading them the wrong way.
The disclaimer should protect you from any legal liability, and hopefully will also warn people that they should take your advice with a grain of salt. It's easy to state, and there's practically no downside, so it's best to be safe.
Disclaimer: IANAL
answered 3 hours ago
BarmarBarmar
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
1
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
1
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
|
show 1 more comment
If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc.
But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this very site probably gets many answers from legal professionals, and readers might assume that answers that seem well researched (e.g. citing court cases) are from such posters. If you're not one of them, this might then be construed as practicing law without a license, which could get you legal trouble.
But even if it isn't taken that far, someone might take action that assumes you really know what you're talking about. There might not be legal repercussions on you, but you should still feel bad about leading them the wrong way.
The disclaimer should protect you from any legal liability, and hopefully will also warn people that they should take your advice with a grain of salt. It's easy to state, and there's practically no downside, so it's best to be safe.
Disclaimer: IANAL
answered 3 hours ago
BarmarBarmar
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
If you're talking with a friend, a disclaimer like this should not be necessary, as they know you're not a lawyer, and you're just expressing lay opinion, personal anecdotes, etc.
But if you're in a context where the audience doesn't know who you are, there's a possibility that they might assume you're qualified to dispense legal advice. For instance, this very site probably gets many answers from legal professionals, and readers might assume that answers that seem well researched (e.g. citing court cases) are from such posters. If you're not one of them, this might then be construed as practicing law without a license, which could get you legal trouble.
But even if it isn't taken that far, someone might take action that assumes you really know what you're talking about. There might not be legal repercussions on you, but you should still feel bad about leading them the wrong way.
The disclaimer should protect you from any legal liability, and hopefully will also warn people that they should take your advice with a grain of salt. It's easy to state, and there's practically no downside, so it's best to be safe.
Disclaimer: IANAL
answered 3 hours ago
BarmarBarmar
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 3 hours ago
BarmarBarmar
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 3 hours ago
BarmarBarmar
1173
answered 3 hours ago
BarmarBarmar
1173
1173
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Barmar is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
1
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
1
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
|
show 1 more comment
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
1
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
1
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
The problem with this answer is that if you are not a lawyer, you're already protected from legal liability. Saying IANAL is totally useless and does nothing. But if it makes you feel warm and fuzzy, go ahead and use it, I guess.
– only_pro
2 hours ago
1
1
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
IANAL is shorter than "Take what I say with a grain of salt" or "I may not know what I'm talking about, but..."
– Barmar
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
My point is that there's no reason to indicate that. It's assumed, unless you claim you're a lawyer.
– only_pro
2 hours ago
1
1
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
And my point is that it might not always be assumed. I assume lots of answers on this site are from real lawyers.
– Barmar
2 hours ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
I'm just going by what the laws says. There's no legal reason or need to include IANAL if you're not a lawyer, so it's just fluff. Period. Feel free to do whatever you want, though.
– only_pro
1 hour ago
|
show 1 more comment
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Just FYI - You might also see "IANAL, but the defendant..." where "IANAL" stands for "I am not a lawyer". (Just in case someone sees that at work and doesn't want to Google it.)
– BruceWayne
4 hours ago
To me, this always sounds like "no copyright infringement intended" or "this is fair use" in the description of a clearly violating video on YouTube.
– xehpuk
22 mins ago