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Banned for giving legal advice

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  • 12-06-2013 5:11pm
    #1
    SB2013
    Closed Accounts Posts: 805 ✭✭✭


    I was banned from Legal Discussion for providong legal advice. I wish to dipute this ban. The moderator said in his message to come directly here.

    A poster had asked about a particular set of circumstances. I responded by giving my opinion that there would be a potential civil and criminal case and they should go see a solicitor after they had their medical test results. In no way did I give legal advice other than telling them to see a solicitor which is a very common response which I have never seen infracted before.


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    #2
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    Hey there SB2013,

    I'll look into this for you. Bear with me.


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    #3
    Ickle Magoo
    Closed Accounts Posts: 17,485 ✭✭✭✭Ickle Magoo


    Okay SB2013. This is really an open and shut case.

    The only people that should be offering definitives when discussing legal issues are legal professionals who are in full possession of all the facts.

    The moderators of the legal discussion forum and indeed Boards in general have to be very careful that posters do not presume to have received legal advice from unqualified sources and hold Boards liable for allowing such unqualified and often misleading advice to stand unchallenged. That is why requesting or proffering legal advice is covered by so many charters.

    The ban is shorter than the forum default as it was your first offence but I agree with Hullabaloo that a ban is necessary as your definitive statement including listing charges you presume could be brought about overstepped the line between general advice and legal advice.

    You can ask for an admin to review now if you wish.


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    #4
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    Ickle Magoo wrote: »
    Okay SB2013. This is really an open and shut case.

    The only people that should be offering definitives when discussing legal issues are legal professionals who are in full possession of all the facts.

    The moderators of the legal discussion forum and indeed Boards in general have to be very careful that posters do not presume to have received legal advice from unqualified sources and hold Boards liable for allowing such unqualified and often misleading advice to stand unchallenged. That is why requesting or proffering legal advice is covered by so many charters.

    The ban is shorter than the forum default as it was your first offence but I agree with Hullabaloo that a ban is necessary as your definitive statement including listing charges you presume could be brought about overstepped the line between general advice and legal advice.

    You can ask for an admin to review now if you wish.

    Yes I would like an admin review. I gave no legal advice. I listed no charges. I stated there was a potential civil and criminal case and they should see a solicitor. As I said, this is a regular suggestion given on the forum which I have never seen infracted.


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    #5
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    So am i supposed to do something or just hope an admin comes along?


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    #6
    oscarBravo
    Technology & Internet Moderators Posts: 28,803 Mod ✭✭✭✭oscarBravo


    SB2013 wrote: »
    I gave no legal advice. I listed no charges. I stated there was a potential civil and criminal case and they should see a solicitor.
    SB2013 wrote: »
    ...the case will likely come down to wether the crash can be pinned on your cannabis use unless your legal team find some technicality affecting the prosecutions case. In the former case, the decision will likely be subject to an appeal...

    That goes a little beyond "you should see a solicitor", surely?


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    #7
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    oscarBravo wrote: »
    That goes a little beyond "you should see a solicitor", surely?

    That is not the post I was banned for.

    In any case, that post is not legal advice either. It's merely an explanation. Again, I gave no advice. The part you left out at the start of that post is

    "That's a decision you can only properly make by discussing with a solicitor, a good one."


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    #8
    oscarBravo
    Technology & Internet Moderators Posts: 28,803 Mod ✭✭✭✭oscarBravo


    SB2013 wrote: »
    That is not the post I was banned for.
    Which post was?


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    #9
    SB2013
    Closed Accounts Posts: 805 ✭✭✭SB2013


    oscarBravo wrote: »
    Which post was?

    It's been deleted. I believe it said "There would definitely be a potential civil and criminal case so you should see a solicitor when you have your test results."


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    #10
    oscarBravo
    Technology & Internet Moderators Posts: 28,803 Mod ✭✭✭✭oscarBravo


    OK, I see it now.

    Your defence is that you told someone that they should see a solicitor. The problem is that you also gave what amounted to legal advice in the same post. It's in a similar vein to the site prohibition on offering medical advice: if someone said "it sounds like you probably have tuberculosis, you should see a doctor" we'd have a similar issue.

    I'm upholding the moderator decision in the hope that you'll learn from it.


This discussion has been closed.
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