May you all have peace!
On occasion, dear ones post questions on the board that have a "legal" undertone. Sometimes those questions are just trying to get a sense of what questions such one should ask (perhaps of an attorney), sometimes they have to do with very ordinary events, and sometimes they really do require in-depth legal assistance/analysis. Apparently, there are at least two (2), if not more, attorneys who post on the board. Excluding me; I am NOT an attorney. However, I and several others often comment on posts where others who ARE attorneys [in the "real" world] may feel we should not have. I've checked and there apparently isn't anything illegal about doing so (it is not "practicing law" if no fee is charged/compensation of some sort is expected... and/or one is not holding themselves out as someone to "consult" on legal issues but just engaging in discussion). This sometimes causes certain ones to get a little nervous on behalf of the legal industry, which is understandable (sometimes; not all the time, but sometimes, yes), but sometimes it's merely a result of the "world" they operate in outside.
I would like to know: do you think the board would benefit from a "room" (perhaps in the "Members Only" section) entitled "Legal Questions"? Then folks can KNOW that the poster IS asking for some real legal advice... and perhaps our dear resident attorneys would be kind enough to respond, perhaps even assist (cursorily, that is). Even better, they would have exclusive commenting privileges (which at least one of them seems to think they should have). Overall, I think that might be a good thing.
I realize that the attorneys may not like the idea, may even decline... but given that some DO respond already, I can't see how separating these issues would cause a problem. If the position is that "only" attorneys CAN respond... then perhaps the questions shouldn't BE on the public part of the board... where it "invites" public discussion.
The reason I think this might be a good idea is because those attorneys who DO respond as attorneys... may actually be putting the board at liability. They are not doing so from their offices or under their own names... and so the "advice" and comments are actually coming from the board (which has NO disclaimer as to "legal advice," either giving or taking it)... and anyone "harmed" may actually be able to bring a claim against the board/Simon. In those instances where ones are responding... but NOT holding themselves out to be attorneys... it really is a situation of caveat emptor: you got your advice from the Internet, so what did you expect?
Since Simon has the IP addresses for all of us, he could very well track down the "attorney", if need be; however, that may not be sufficient to protect HIM/the board (because there is no disclaimer). My understanding is that the ONLY way he could be somewhat indemified is that if NO ONE represented themselves or held themselves out as an attorney on the board. Because this is a SOCIAL forum, not a legal one. In that capacity, discussions can include almost anything. Once someone states they are an attorney, however... the "game" can change ("I was told by an attorney on JWN that...").
Another direction would be to include a disclaimer, as well as ban all questions of a "legal" nature, thus removing the possibility of anyone giving or taking unwarranted advice. That would be quite sad to me, though, because of the nature of the board: a social community, where virtually anything and everything can be discussed (in which case a person alone would be responsible for what they posted... and subject to "suit" by anyone who may have been harmed).
This subject is intriguing to me, lately, because on a couple/few occasions attempts have been made to verbally 'discipline' me for commenting generally on posts related to legal issues because I have a degree but am not a licensed attorney. I hide neither. And I ask for nothing. What's interesting to ME is that my doing so has absolutely NO negative bearing... in any way... on the one(s) taking issue but only on myself: if I've crossed a line... I am the one to pay for that, not them. Yet, I and at least one other have been threatened with being turned into the Bar for the "unauthorized practice of law." By others who have an interest in protecting the board? No. In protecting the person posing the question(s)? Nope. Simply on the basis of "I'm an attorney and you're not, so I can respond but you can't." Although other (non-attorneys) respond, as well.
This says to ME... that one (or perhaps more, but I don't think so) of the attorneys believe they are the only one(s) qualified to even respond... and I say, let's let them do that! Let's give her... ummmm... them... their own "room" where they can "preside." The rest of us can then stick to the plethora of non-legal related posts... and as a result sleep nights knowing we're not going to be reported to the state Bar.
So, please... weigh in, if you will: should I ask Simon to create a "Legal Questions" room... or not?
I look forward to hearing from you... and bid you all peace!
SA, on her own (with maybe a bit of holy spirit guiding me, because I normally wouldn't have even cared, let alone bothered, about this matter)...