Law students experience challenges from people around them who as for legal information from them. While yet in school, friends and relatives who find themselves on the other side of the law, try to pry legal advice form the students under any guise. Remember, these are people who might be family-related, so the students find themselves engaging in the law's unauthorized practice.
It is illegal to practice law without a license. In this case, law students are not licensed and can only indulge in giving legal advice under supervision. Besides, this is considered a crime to indulge in the unlawful practice of law. It is a violation of the Model Rules of Professional Conduct by an attorney who gets involved in work in which he or she is not competent. The penalty for committing this offense is severe and includes baring one from acquiring the license or personal liability.
Giving legal information (generic law facts) is different from providing legal advice. For instance, help that contains legal information, from friends and family does not constitute legal advice. When we talk of legal advice, we mean the oral or written counsel about a legal matter that may impact the rights and responsibilities of the person on the receiving end. Additionally, the actual legal advice needs to be carefully analyzed according to the law to apply it to the person's specific situation.
In a nutshell, legal advice is direct, specific, and proposes a course of action. Those who are allowed to give legal advice are licensed lawyers, barristers, advocates, members of the bar, counsel, or court officers. Therefore, law students who are found giving legal advice may face criminal sanctions. Depending on the circ*mstances and other jurisdictions, they may be charged with a felony or a misdemeanor.
