TexasCHLforum.com

Just thought I'd throw this out. Be careful what you say or show to the ether that is the Internet; it has come back to bite some people in court.

http://www.msnbc.msn.com/id/25738225/

Online hangouts like Facebook and MySpace have offered crime-solving help to detectives and become a resource for employers vetting job applicants. Now the sites are proving fruitful for prosecutors, who have used damaging Internet photos of defendants to cast doubt on their character during sentencing hearings and argue for harsher punishment.

This is especially important for people on these types of forums, who may someday be forced to defend their actions in court. Most of us use similar usernames across multiple forums; an ADA can find this stuff just as easily as anyone else, and link it to you. Therefore, think VERY carefully before posting something disparaging about the police, the poor, the homeless, criminals, etc. in the general case. It's not going to sound good when read in court. Likewise, a "bring it on" post regarding your protections under Castle Doctrine can be used by the DA to argue that you welcomed the opportunity to shoot an intruder.

Lastly, legal advice given here should ALWAYS be prefaced or ended with "IANAL" if you are indeed not one. If Chas or another member of the Texas Bar gives advice, they know how to cover themselves. Everyone else, as seemingly knowledgeable members, might give advice in good faith that turns out to be bad. If a reasonable person would read your post and conclude that the information in it was "legal advice", you can be held liable and even found guilty of criminal charges for practicing law without a license.

This forum's members are generally pretty good about this, but there are other forums with a more free-for-all attitude where topics on legal theory vs. reality reach fever pitch (OCDO Forums are one; debates about talking to police, being detained by same, etc. etc. often generate online shouting matches), and people forget that their little corner of the Web is very public. I'm just giving people on the forums I frequent fair warning that the potential danger of being held to the word of your online persona is indeed very real.

If a reasonable person would read your post and conclude that the information in it was "legal advice", you can be held liable and even found guilty of criminal charges for practicing law without a license.

Excellent reminder. Signature modified to remove any possible doubt.

Simple fix. Everyone should put something in their signature to the effect of

"I am not a lawyer, and any advice I give is used at the reader's discretion and I am not held responsible for it".

I don't think I want to see every post begin with IANAL, or such.

Ever notice how the lawyers tend to stay out of the "legal what-if" threads?

The problem isn't giving what could be construed as legal advice. The problem is expressing opinions that could be used to show a predisposition towards certain actions -- to be too quick on the trigger.

A couple of forum members have expressed their prejudices that they're more worried about members of racial/ethnic minorities, to the point that they're concerned whenever meeting one in public. I dearly hope that those people never have to shoot someone who happens to be a member of those minorities, because a prosecutor could tear them up on it.

Liko81 wrote:Lastly, legal advice given here should ALWAYS be prefaced or ended with "IANAL" if you are indeed not one. If Chas or another member of the Texas Bar gives advice, they know how to cover themselves. Everyone else, as seemingly knowledgeable members, might give advice in good faith that turns out to be bad. If a reasonable person would read your post and conclude that the information in it was "legal advice", you can be held liable and even found guilty of criminal charges for practicing law without a license.

Don't forget to include IANAMD (I am not a Medical Doctor) so you're not accused of practicing medicine.









IANAL, IANAMD, IANACPA, IANAPE, IANALEO, IANPOTUS

I am the NRA

BigBlueDodge wrote:Simple fix. Everyone should put something in their signature to the effect of

"I am not a lawyer, and any advice I give is used at the reader's discretion and I am not held responsible for it".

I don't think I want to see every post begin with IANAL, or such.

I think it has more to do with the discovery phase of trials than the advice given. When you post an opinion, qualified or not, or you post a picture of yourself doing something goofy; you open the door for it to be introduced at trial. It is the same as if you went on a public street corner and started proclaiming something.

Liko81 wrote:Lastly, legal advice given here should ALWAYS be prefaced or ended with "IANAL" if you are indeed not one. If Chas or another member of the Texas Bar gives advice, they know how to cover themselves. Everyone else, as seemingly knowledgeable members, might give advice in good faith that turns out to be bad. If a reasonable person would read your post and conclude that the information in it was "legal advice", you can be held liable and even found guilty of criminal charges for practicing law without a license.

I don't think that any "reasonable person" would consider anything that they read on an internet forum to be "legal advice", but then IANAL.