Advice v Information

 

Sometimes it's hard for people to fully understand the differences between legal advice and legal information. Information is fact. Advice is telling someone what they should or should not do. Seems obvious enough.

However some general advice becomes not advice at all because it so general. For example, common knowledge advice. You should wear your seat belt while driving. Don't drink and drive. You should pay your income taxes on time. You should financially support your children. All of those statements are advice, and there are laws related to all of those statements, so does that mean those statements are “legal advice”, which is something that only a lawyer can give?

No, the very general nature of the advice, even though the subject is technically a legal matter, transforms these advisories into general advice.

But, it gets murky. I'm not an attorney. What if I said to a first time homeowner, you should apply for homestead exemption? Is that general advice? It's obvious to me, and common knowledge to me having lived in Florida most of my life and bought and sold more than one home. But what if the first time homeowner is not only a first timer, but also has recently moved to Florida? Is it legal advice?

Maybe. It might be better to send that person down to the county building to find out all about homestead exemption on his own.

I always identify myself to prospective customers as a legal document preparer. And, I then, explain that a legal document preparer can prepare legal documents, provide legal information, and explain procedure, but may not provide legal advice or representation. Although, most consumers say they understand, it still may not prevent them from asking legal questions which I cannot answer.

Legal document preparers may not select forms for their customers. But, many times the customer knows exactly what he wants to accomplish legally, but does not know the name of the form or process. For example, frequently an unwed father will call and tell me that the mother of his child will not allow him to see the child. Most of the time, the father is already paying child support. He is at the mercy of the mother's whims, and poor dad doesn't know why. So I tell him the name of the form.

The central form is called a Petition to Determine Paternity and Related Relief. And, I explain it in this way, “this is like a divorce but for parents who were never married and have a child together.” And I go on to explain that the purpose of the process is for him to receive a signed order from the court naming him as the legal father so that he will have just as much right to see the child as the mother. And this is exactly what happens, unless the mother proves that there was ongoing criminal activity in the household; child abuse or neglect; domestic violence in the parents' relationship; or some other reason that this father should not have paternal rights.

I am not an attorney, I am a Florida legal document preparer. I do not provide legal advice or representation.