Legal counselling

Legal counselling is legal aid for a client, representing or protecting the client during and
prior to the proceedings, composing legal documents and doing legal procedures in her
interest as well as communicating with third parties and collecting proofs in the interest
of the client where necessary.
Legal counsellors tasks are (considering the specific needs of the client):
provide opinions, explanations and answers to the legal questions;
explain what kind of legal rules the client has to fulfill and analyze the implementation;
provide suggestions on how to ensure the legitimacy of her actions and the means to
protect her interests and rights;
compose or take part of composing or formulating legal documents;
communicate with third persons in the interest of the client including the public
authorities and perform legal actions in the interest of the client or the employer;
represent and/or protect the customer outside the court, before and during the trial.
As an example legal counselling can include: reaching agreements outside the court in
the areas most relevant to the victims of domestic violence, such as divorce, child
support, dividing common property, termination of co-ownership, custody rights,
communicating with children or representing the client in the court and achieving
positive settlements for the client in civil proceedings.
Legal counselling would be conducted by lawyers who have gained a law degree and
preferably have undergone training on violence against women.

Legal advice
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure
of the law in relation to a particular factual situation.
Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice
given without remuneration is normally referred to as being pro bono publico (in the public good), or
simply pro bono.
In the common law systems it is usually received from a solicitor, barrister or lawyer; in civil
law systems it is given by advocates, lawyers or other professionals (such as tax experts,
professional advisors, atc.).
In some countries, legal advice is subject to the possession of a specific licence; in others, it is
simply subject to the general regulation of professional obligation and can be provided by any
person, who will usually be legally responsible for the provided advice. The UK's Legal Services Act
2007 includes the giving of legal advice within the definition of unreserved legal activities, which
means that it can be provided by any person not just an officer of the court. However, if it is provided
by a lawyer or another person authorised by one of the front line legal services regulators, then this
activity is included within their regulatory reach.
With the advent of the internet, many services have been established to provide individuals the
power to conduct their own legal research or prepare their own legal documents. As well, some
companies offer answers to legal questions directly through their web services.

Legal information[edit]
Legal advice is distinguished from legal information which is the reiteration of legal fact.[1] Legal
information can be conveyed by a parking meter, sign or by other forms of notice such as a warning
by a law enforcement officer. Printed legal materials, such as directions and how-to manuals, are
generally not considered legal advice. Accordingly, directions on how to fill in a motion form and
other court documents do not constitute legal advice.[citation needed] On the other hand, application of legal
rules and principles to a specific set of facts is almost always held to constitute legal advice.

What Is 'Legal Advice'?

The line between "legal advice" and "legal information" is often blurred. As a
general matter, only a lawyer may give actual legal advice, whereas any nonlawyer may recite legal information. Furthermore, it is generally illegal for a nonlawyer or unlicensed attorney to offer legal advice or otherwise represent
someone other than himself or herself in a court of law.
Unlike legal information, legal advice refers to the written or oral counsel about a
legal matter that would affect the rights and responsibilities of the person
receiving the advice. In addition, actual legal advice requires careful analysis of
the law as it applies to a person's specific situation - as opposed to speculation
based on generic facts.
From a legal standpoint, the giving of legal advice is tantamount to the practice of
law, and only a licensed attorney with whom one has formed an attorney-client
relationship with may give actual legal advice. Because of the obligations that
arise from the giving of such legal advice, the advice-giver is also bound to
certain rights and responsibilities as a result of the information given.
People who either willingly or unknowingly give legal advice without the skill,
judgment, or authority to do so are essentially participating in the unauthorized
practice of law and, therefore, subject to court penalties .
What Legal Advice Is

Advice from friends or family does not constitute legal advice. True legal advice
forms an agreement between an attorney and his or her client based on a
particular legal matter the client is experiencing.

In a nutshell, legal advice has the following characteristics:

Requires legal knowledge, skill, education and judgment

Applies specific law to a particular set of circumstances
Affects someone's legal rights or responsibilities
Creates rights and responsibilities in the advice-giver

Unlike legal information - such as information posted on a street sign - legal

advice proposes a specific course of action a client should take. For instance, it's
the difference between telling someone what to do (legal advice) as opposed to
how to do it (legal information).
Examples:

Selecting, drafting, or completing legal documents or agreements that

affect the legal rights of a person
Representing a person before a court or other governing body
Negotiating legal rights or responsibilities on behalf of a person
Speculating an outcome
Selecting or filling out specific forms on behalf of a client

Specific legal advice questions may include:

Should I file for bankruptcy?

Does my disability qualify for federal assistance?
What kind of recovery can I receive for my accident? injuries

What Legal Advice is Not

While legal advice is specific, direct, and proposes a course of action, legal
information, on the other hand, is factual, generic, and does not address any one
particular cause of action. To help avoid the confusion that often comes with legal
information, websites and individuals will often go to great lengths to clarify that
any information contained in their site should not be construed as legal advice
nor form an attorney-client relationship.
Examples that do not constitute actual legal advice:

Legal information obtained from free online legal websites, including a law
firm or attorney's own website

Advice from friends, family members, or former clients of a lawyer

Information you hear on the radio
Information you read on social media websites
Information you see in news periodicals or on billboards
Responses to legal questions posted in online Q&A boards, even if
provided by a licensed attorney

Printed materials listed in a "how to" guide

Legal "self help" forms

Specific legal information questions might include:

Where can I find the Federal Medical Leave Act?

What does the acronym EEOC mean?
What are the gun laws in my state?

Depending on the situation, legal advice and legal information can both be
useful. While some situations require the advice of an attorney - such as filing a
lawsuit or defending criminal charges - other situations may simply warrant
obtaining legal information. Read Practice Area Definitions for legal information
about a particular topic, or search for a lawyer in your area to get legal advice
about a specific legal matter.
90 20.6K 14