Is it possible to assist individuals without actually practicing law?
If you don't give advice are you practicing law? Is providing
direction to the appropriate source or resource for the requested
information practicing law?

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Request for Question Clarification by markj-ga on 21 Jul 2004 10:15 PDT

What state do you live in?

markj-ga

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Request for Question Clarification by markj-ga on 21 Jul 2004 13:04 PDT

I have asked for your state of residence because most states have
online guidance that relates to the issue you raise.  That advice will
likely be general in nature, but it should be sufficient to put you
mind at ease.

Also, the advice from a commentor that not charging for assistance in
a legal matter necessarily makes the assistance OK is generally
incorrect.

markj-ga

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Clarification of Question by shayroni-ga on 21 Jul 2004 15:06 PDT

I live in SC and I am not charging anything for the assistance. I
really don't think my question is a matter of law or I would have
consulted an attorney...  If I am not quoting law or referencing laws
why would the content of my conversation be related to the practice of
law? Thanks.

Are you charging for the service?  That might be a pivotal issue.

If you are not charging a fee or advertising or putting forth a false
title for yourself, and you use the sentence "this is not legal
advice" over and over again in every conversation, you should be ok.
You are always free to give *your personal opinion* (another good
sentence to use over and over again with those whom you help) as to
hypothetical situations and what you would do if it were you.

Of course this post is my personal opinion and not legal advice :)

As well as your jurisdiction (this is from a UK perspective) it
depends on what you mean by 'practice law'.

The Solicitors Act 1974 provides the answers. The types of work you
cannot charge for are "reserved work".

The main points are:

Conveyancing, although licensed conveyancers can also provide these
services
Apply for a grant of probate
Go on the record at Court as acting for someone in litigation and appear
for them in Court

If you take out an "All Categories" Consumer Credit Licence (cost
circa GBP 70), you automatically become licensed to act as a debt
counsellor and a debt adjuster not to mention a credit reference
agency. You don't need any academic or professional qualifications for
this.

Plenty of businesses offer legal advice services, will-making, etc,
without being recognised as solicitors.

Owain

(notes taken from thread "Illegal to be a lawyer?" on
news:uk.legal.moderated, qv for original posts)

May I respectfully suggest that you contact a lawyer for this answer?

shayroni --

Since your question really can't be answered definitively without
giving you legal advice,  I suggest that you review the page linked
below, which is a Web page published by the South Carolina Bar
Association for the purpose of providing very general information to
the public on what constitutes the unauthorized practice of law in
your state. I think you will be able to judge from that information
whether you need more advice.  If you do, I suggest that you give the
Bar Association a call at the number listed at the linked page:

South Carolina Bar Association: Unauthorized Practice of Law.
http://www.scbar.org/public/upl/default.asp 

markj-ga