If you publish content online or in print that has the potential to be construed as legal advice, it’s not enough to simply state “this is not legal advice” for two main reasons: people will still interpret your content as advice, and if what you publish sounds like legal advice, that can be enough to get you into trouble.
Here’s why you need to exercise extreme caution when you publish anything that might be mistaken for legal advice.
People don’t read thoroughly enough to comprehend full context
It’s unfortunate, but people today no longer read full paragraphs and instead, skim articles for headlines and words that stand out. Because of this, most people miss important context. No matter how many times you explain that your content isn’t legal advice, or that every situation is different, and the like, people will miss that context.
For instance, some people will take your advice at face value and won’t understand that every circumstance is nuanced (even if you say it is). Take a car accident injury, for example. There is endless advice online about what to do after the accident, and sometimes people imply that an injured party is guaranteed to get a larger settlement in a lawsuit if they refuse to settle and hold out for a jury trial. In this case, that advice can be damaging to someone who files a lawsuit, ignores their attorney’s advice by turning down a great settlement offer, goes to trial, and doesn’t win much of anything.
The most helpful advice to give someone who has been injured in a car accident is to contact an attorney right away. For example, the Earley Law Group explains the process of preparing a lawsuit, and it involves the process of discovery, the findings of which can alter the potential outcome of a case.
Bad advice can get you in legal trouble
If you give actual or implied legal advice to anyone, and they face negative consequences because of it, you can be held legally responsible for those damages. Understand that even lawyers have to watch what they say when they don’t have a client relationship with someone and can be tight-lipped even where the basics are concerned.
It’s crucial to know the difference between legal information and legal advice. For example, you never want to imply or promise any kind of case outcome, even if you think someone’s situation is exactly like yours. That would be considered legal advice. However, legal information is different. You can tell people about your experience, and tell them what laws were broken in your situation, but avoid stating or implying that others can get the same results.
Still, you need to be cautious because it doesn’t take much for your actions to be considered illegal. Even LegalZoom has been sued multiple times for unauthorized practice of law on several grounds, including the fact that the company files compliance-related documents on behalf of their customers.
Sometimes it’s better to just tell someone to contact a lawyer and not share your experience because people tend to become hopeful when they hear about amazing case outcomes. Only a lawyer will know how to analyze the intricate details of a person’s case to know their case’s potential.
What you believe is basic information may not be
Sometimes people give legal advice without realizing it because it seems like basic information. For example, simply explaining to someone how a statute or case law applies to their situation meets the definition of legal advice. An example of this would be explaining to someone getting a divorce what property would be considered personal vs. marital. You might be absolutely right, but it’s still considered legal advice. This type of information has the potential to alter a person’s decisions, and that’s why it’s dangerous.
Avoid the mistake of giving legal advice
Whether you’re using ChatGPT or other AI tools to come up with solutions, or you’re just sharing your own experience, avoid discussing anything that might be construed as legal advice. To avoid your own legal problems, don’t interpret statutes, imply potential outcomes, or attempt to apply case law to any set of facts. Last, always have an attorney check your content before publishing.
