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Posted by  HisHughness on 2/13/05 9:48am
The first amendment gives everyone, even liberals, the right to state their opinion, including their opinion of what the law is. That's why you can say with impunity, "I THINK that guy acts like he's from a Missouri trailer park," and you cannot say, without fear of facing a slander suit, "That guy acts like he's from a Missouri trailer park." One is an opinion, the other is a statement of fact.
You face a charge of UPL when you: 1a) State an opinion of what the law is, or 1b) suggest a course of action tailored to an individual's circumstances and based upon supposedly relevant law; and 2) are compensated for that advice. The clearest example for NPs is that we are charged by the law with knowing what a notarial certificate should contain. However, when we take what we are required as notaries to know and apply that to an individual set of circumstances, such as whether to use a jurat or an acknowledgement, then we have crossed the line.
As far as I know, nobody on this board is charging for the advice so freely dispensed. If anyone is, and if they are charging by the word, Brenda has already paid off her summer home by now. |
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