Legal Question in Consumer Law in Texas

What is legal advise?

As an investigator we are always advised to be careful in giving advise, not crossing the line of giving legal advise. So, where is that line of crossing? What is advise and what is legal advise? Is there a clear definition?

We are asked by layman and attorney alike questions concerning legal issues i.e. evidence, proper means of collections of evidence etc. So, if we answer due to our knowledge from experiance or training where do we cross the line? Attorneys ask me many times what my thoughts are and what I think fits or can be done. So, do clients.

FYI, the answers I get here are for a paper I am writing concerning legal advise given by investigators; where is the bright line of crossing over?

Thanks for any help you give.


Asked on 10/16/05, 11:37 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: What is legal advise?

You would literally have to research cases concerning legal advice to find the envelope within which you can give advice without crossing over. There really isn't a bright line.

In my opinion, a rule of thumb would be advising a lay person on a legal question where the recipient of that advice will determine a course of action based upon the advice; i.e. can I record a phone conversation (in Texas) without giving notice to the other side? That answer would be legal advice.

Discussing evidence, or other legal matters, with an attorney can't be giving legal advice since the attorney has the means to readily verify what you tell them.

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Answered on 10/17/05, 9:49 am


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