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. |
| Messages in this Thread |
|  Someone to listen while I blow off steam!!!! - Korey Humphreys on 2/12/05 10:20pm |
|  Re: Someone to listen while I blow off steam!!!! - JMHIER_CA on 2/12/05 10:24pm |
| Re: Someone to listen while I blow off steam!!!! - BarbaraL/CA on 2/12/05 10:37pm |
|  Re: Someone to listen while I blow off steam!!!! - Reginald Wilks on 2/13/05 1:46am |
|  Re: Someone to listen while I blow off steam!!!! - Kathy on 2/13/05 8:11am |
| Re: Someone to listen while I blow off steam!!!! - Korey Humphreys on 2/13/05 11:39am |
| Re: Someone to listen while I blow off steam!!!! - Ted_MI on 2/13/05 8:16am |
| Re: Someone to listen while I blow off steam!!!! - HisHughness on 2/13/05 8:31am |
| Re: Someone to listen while I blow off steam!!!! -  HisHughness on 2/13/05 8:45am |
|  Re: Someone to listen while I blow off steam!!!! - kmnotary_CA on 2/13/05 8:52am |
| I've A Question for You, Hugh. - Dennis D Broadbooks on 2/13/05 9:17am |
 |  Re: I've A Question for You, Hugh. - HisHughness on 2/13/05 9:48am |
|  Re: I've A Question for You, Hugh. - BrendaTX on 2/13/05 9:57am |
|  Re: I've A Question for You, Hugh. - CaliNotary on 2/13/05 1:25pm |
|  Re: I've A Question for You, Hugh. - CarolynCO on 2/13/05 4:04pm |
| Thanks for the FREE Legal Opinion, Hugh! - Dennis D Broadbooks on 2/13/05 1:01pm |
| Re: Thanks for the FREE Legal Opinion, Hugh! - HisHughness on 2/13/05 2:08pm |
| BTW... - Dennis D Broadbooks on 2/13/05 3:00pm |
| Re: I've A Question for You, Hugh. - MarleneM/USNA on 2/14/05 9:31am |
| Re: I've A Question for You, Hugh. - PAW_Fl on 2/14/05 11:35am |
| Re: I've A Question for You, Hugh. - MarleneM/USNA on 2/15/05 8:09am |
| As a paralegal ... - Bobbi in CT on 2/13/05 10:47am |
| Re: As a paralegal ... - CarolynCO on 2/13/05 12:18pm |
| Re: Someone to listen while I blow off steam!!!! - Korey Humphreys on 2/13/05 11:44am |
| Re: Someone to listen while I blow off steam!!!! - Korey Humphreys on 2/13/05 11:54am |
| Re: Someone to listen while I blow off steam!!!! - HisHughness on 2/13/05 12:07pm |
| Re: Someone to listen while I blow off steam!!!! - HisHughness on 2/13/05 12:27pm |
| Hard to prove - Bobbi in CT on 2/13/05 12:57pm |
| Someone to listen while I blow off steam!!!! - Indiana Notary on 2/13/05 12:00pm |
| Re: MY UPDATE (KOREY) - Korey Humphreys on 2/13/05 1:30pm |
| Re: Someone to listen while I blow off steam!!!! - CaliNotary on 2/13/05 1:34pm |
| Re: Pro bono defined ... - CarolynCO on 2/13/05 12:36pm |
| Re: Someone to listen while I blow off steam!!!! - art on 2/13/05 1:41pm |
| Re: Someone to listen while I blow off steam!!!! - Anonymous on 2/14/05 7:14am |
