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Recent warning in Legal Discussion.

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  • 22-08-2014 11:43am
    #1
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭


    I wish to appeal a recent warning in legal discussion, thread "In debt but want to marry?" I was accused of giving legal advice which I did not do in my opinion. Can some look at this as the PM with the Mod did not resolve anything.


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    #2
    Taltos
    Registered Users Posts: 20,830 ✭✭✭✭Taltos


    Hi - I'll look into this for you.


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    #3
    Taltos
    Registered Users Posts: 20,830 ✭✭✭✭Taltos


    Hi Pro Hoc Vice

    sorry for taking so long to come back, with so many posts to search through until I found the one with the warning I was lost there for a while before I could get into discussion with the mod team.
    Anyway I have had a look at the post and spoken to some of the mods. Basically 99% of this post is actually totally fine, however it is the line "I have all but guaranteed" that caused alarm bells to go off this time. As you know being a regular poster in Legal, the forum charter prohibits offering legal advice.

    The following is an excerpt from my discussions with the mod team as to their reasoning here:
    Firstly, users on the legal discussion forum are never appraised of all of the facts of any given case. As such, it is impossible to state whether the querist will be successful before a court or not.

    Secondly, where a lawyer provides an opinion on the likely outcome of a case, s/he does so in the knowledge that should s/he be incorrect, s/he is covered by professional indemnity insurance.

    Thirdly, due to the fact that boards.ie cannot guarantee the professional status of its users, should the querist act upon so-called advice received and should that advice turn out to be incorrect or even slightly off-the-mark, this could give rise to an action against this website for negligent misstatement.

    The forum charter provides assistance in this regard: "A request for legal advice is defined as a specific request for legal advice, assistance or interpretation which is or is intended to be applicable to a specified real-life scenario. The provision of legal advice is defined as the giving of legal advice, assistance or interpretation which is or is intended to be applicable to a specified real-life scenario."

    As you can imagine due to the nature of the issues posted in Legal extreme care has to be taken in reviewing all posts that come to moderator attention just as yours did. As above the majority of this post was fine, it really was just that one sentence. All I can do at this point is ask you to re-read the charter and to show some caution in how you advise going forwards, from your posting history here it is apparent that you are one of the most prolific contributors there and you care deeply about the forum (this is all just assumptions on my part). If you are unsure at any time please feel free to PM the Mod team of legal to clarify any point or to make any suggestions you might wish to make.

    Summary: Warning stands.

    Thanks
    Taltos


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