Why do we write IANAL?
September 5, 2006 11:03 PM Subscribe
Why, when posting regarding legal advice, does everyone feel compelled to write IANAL (I am not a lawyer). To me this is merely stating the obvious. I supposed this is to protect the poster from getting sued, but has this actually happened?
Personally, I feel like writing IANAL is totally pointless. I'm well aware that you're not a lawyer- if I wanted a lawyer, I would have hired one, and not asked MetaFilter.
Mefites: your thoughts?
Personally, I feel like writing IANAL is totally pointless. I'm well aware that you're not a lawyer- if I wanted a lawyer, I would have hired one, and not asked MetaFilter.
Mefites: your thoughts?
This post was deleted for the following reason: if this is about metafilter, take it to metatalk.
It can be a crime in many jurisdictions to give or appear to give legal advice without being a lawyer, so writing IANAL ensures that you are not breaking that law.
It is also typical of lawyers themselves to write something along the lines of "I am not your lawyer, this is not considered legal advice" or something along those lines to avoid malpractice problems or to make clear that there is no attorney-client relationship created in the communication.
A friend told me that you are taught early in law school to give a disclaimer like "I am not a lawyer and this is not legal advice," as people will start to ask for advice when they find out you are in law school, and the risks are higher that you would be breaking many codes by "pretending" to be a lawyer, even without saying that you are.
posted by JakeWalker at 11:10 PM on September 5, 2006
It is also typical of lawyers themselves to write something along the lines of "I am not your lawyer, this is not considered legal advice" or something along those lines to avoid malpractice problems or to make clear that there is no attorney-client relationship created in the communication.
A friend told me that you are taught early in law school to give a disclaimer like "I am not a lawyer and this is not legal advice," as people will start to ask for advice when they find out you are in law school, and the risks are higher that you would be breaking many codes by "pretending" to be a lawyer, even without saying that you are.
posted by JakeWalker at 11:10 PM on September 5, 2006
In my experience, it's less about liability and more about accountability.
When you hear "I am not a lawyer, but ...", what it really says is: "Don't listen to some asshole on the internet about your problem - go do real research and get a professional's advice."
It's amusing that us internet types still feel compelled to talk about our opinion after that kind of disclaimer.
posted by chrisamiller at 11:36 PM on September 5, 2006
When you hear "I am not a lawyer, but ...", what it really says is: "Don't listen to some asshole on the internet about your problem - go do real research and get a professional's advice."
It's amusing that us internet types still feel compelled to talk about our opinion after that kind of disclaimer.
posted by chrisamiller at 11:36 PM on September 5, 2006
I only get 3 hits in WestLaw searching for IANAL in journals & law reviews, none relating to a disciplinary matter. I imagine if there was a case on this point, it would have been written about (in the way of, "Cover yourself by saying...").
Zero hits when searching All State Cases for IANAL.
posted by Brian James at 11:49 PM on September 5, 2006
Zero hits when searching All State Cases for IANAL.
posted by Brian James at 11:49 PM on September 5, 2006
Occasionally someone comes along who is a lawyer (or doctor or airline pilot or...) ... I think it's helpful when that person identifies him or herself as such. For the rest of us, not so much.
posted by knave at 12:01 AM on September 6, 2006
posted by knave at 12:01 AM on September 6, 2006
IANAM but yes, MeTa, please, in the futures.
posted by disillusioned at 12:09 AM on September 6, 2006
posted by disillusioned at 12:09 AM on September 6, 2006
First things first: Although I have a law degree, I am not a lawyer, and this is not legal advice.
In most (all?) jurisdictions, it is illegal to carry on a legal practice without qualifications and/or a licence. This obviously includes the provision of legal advice.
It is also illegal to purport to be entitled to practise. For example, in Victoria, Australia:
There is always a risk that they will rely on your comments as if it was qualified legal advice, suffer some detriment as a result, and blame you for their loss. If you have made it clear that you are not a lawyer and you are not providing legal advice, that will help you defend yourself against their claims.
As others have pointed out, qualified lawyers will usually also make a similar disclaimer, for essentially the same reason -- they don't want you to rely on their comments as if it was legal advice, and they want to be ensure they're not liable if someone does rely on their comments.
(I disagree that this belongs in MeTa --- it's a good question that applies to other situations apart from MetaFilter.)
posted by robcorr at 12:57 AM on September 6, 2006
In most (all?) jurisdictions, it is illegal to carry on a legal practice without qualifications and/or a licence. This obviously includes the provision of legal advice.
It is also illegal to purport to be entitled to practise. For example, in Victoria, Australia:
A person must not represent or advertise that the person is entitled to engage in legal practice unless the person is an Australian legal practitioner.This includes
doing anything that states or implies thatIt is therefore important to explain that you are not a lawyer when discussing people's legal issues.
the person ... is entitled to engage in legal practice.
There is always a risk that they will rely on your comments as if it was qualified legal advice, suffer some detriment as a result, and blame you for their loss. If you have made it clear that you are not a lawyer and you are not providing legal advice, that will help you defend yourself against their claims.
As others have pointed out, qualified lawyers will usually also make a similar disclaimer, for essentially the same reason -- they don't want you to rely on their comments as if it was legal advice, and they want to be ensure they're not liable if someone does rely on their comments.
(I disagree that this belongs in MeTa --- it's a good question that applies to other situations apart from MetaFilter.)
posted by robcorr at 12:57 AM on September 6, 2006
I am not an academic, but:
I think it mostly has to do with self-identification as part of an 'in-crowd'
Same reasons that idiots spout off endless references to 'godwin'
(i suspect a real academic could be more insightful.)
posted by mmdei at 1:12 AM on September 6, 2006
I think it mostly has to do with self-identification as part of an 'in-crowd'
Same reasons that idiots spout off endless references to 'godwin'
(i suspect a real academic could be more insightful.)
posted by mmdei at 1:12 AM on September 6, 2006
Altruism - surely it's just a way of labelling the advice you're about to give as being "amateur" rather than "professional".
Legal problems can obviously have severe consequences but often the facts lend themselves to advice based on experience or anecdote. People think it neccessary to label their advice as being non-professional because they don't have the expertise to know if their experience is general or if their anecdote is typical. That's not to say the advice is useless - if no lawyer shows up to answer, five comments with the same experience ("my facts were like your facts, I only got a $20 fine") is a useful benchmark. Oh, and of course, its CYA too.
posted by patricio at 2:08 AM on September 6, 2006
Legal problems can obviously have severe consequences but often the facts lend themselves to advice based on experience or anecdote. People think it neccessary to label their advice as being non-professional because they don't have the expertise to know if their experience is general or if their anecdote is typical. That's not to say the advice is useless - if no lawyer shows up to answer, five comments with the same experience ("my facts were like your facts, I only got a $20 fine") is a useful benchmark. Oh, and of course, its CYA too.
posted by patricio at 2:08 AM on September 6, 2006
I agree with patricio. Whenever I say IANAL (if I've ever said it... I'm sure I've said IANAsomething), it's to tell the person that I'm not professionally qualified to answer their question, but I'm making a stab at it any way.
posted by antifuse at 2:22 AM on September 6, 2006
posted by antifuse at 2:22 AM on September 6, 2006
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posted by Jon Mitchell at 11:05 PM on September 5, 2006