What is Legal Advice?

Neither the author or this website site presenting this topic are rendering legal advice; this has been offered for the purposes of entertainment and educational purposes only.

 

What is Advice?

It is an important question and very seldom asked; people offer it freely and rarely contemplate the consequences of the act. If we were to look at it from a syntax/etymological view we might come to a multitude of different abstractions: ad- = toward or near a thing, vice = a moral fault, failing, defect, irregularity, or turpitude; Advice (from the French) relates to an opinion/judgement.

Therefore, to offer Advice can mean to move you to failure, or that it's about an offer for judgment. When we ask for advice from our friends, we are tacitly asking them to judge us or our situation. While the good intent is plain to see; we invite them to sin, by causing them to judge and be judged by our asking. They cause us to sin by issuing a judgment (when it is not asked) and releasing us from our moral responsibilities to act or not to act on a situation.

However, for the purposes of this author, I will explain it from a different standpoint: “Legal Advice” is a relationship of contractual agency, meaning it is an offer from one person to act as attorney (to be a stand in), or it is a judgement. Ultimately a relationship built on advice means that one person has transferred the liability to act from the Advisee to the Advisor.

Historically the position of Advisor/Councilor was a titular legal creation; that a sovereign authority was to transfer apart of his collective powers in trust to another, which helped even out the workload. In time, this transfer of powers to advisors is what would give way to the formation of “courts of law” such as The Fideicommissum, the Exchequer, the Kings Bench, Courts of Common-Pleas, Reichskammergericht, etc… In historicity and modernity, Advice has not changed in its nature; It is still a relationship of agency.

This is why it's so important to have a basic understanding of law and the processes of law; for want of knowledge, a principle who does not know the tasks that he has set forth for his agent, cannot prevent abuse. If you properly understand the relationship of advice to the agent; you can properly grant your authority to an agent, and how to compel the agent to act with decorum. As a side benefit, you will be able to use the Jedi mind trick.

How do you distinguish legal advice from legal information?

In simple terms, if your question begins with; may I, can I, what is the best course of action for me? You are beginning to move from information to advice. To wit, advice is asking someone to make a decision as to a course of action for a specific case and with a specific outcome in mind. We do not give advice for this reason; the whole point of this ministry is to teach you how to standup and take accountability for your own responsibilities. We want to cure you of the need, to depend on someone else to take care of you and fix your problems. It's a moral imperative; to learn what you need to settle your issues. It's a sin to make someone else clean it for you. Not even God, gave advice else why would we have free-will? He tells us what we morally should not do and allows us to make the decisions about what we will do.

The goal of this post

The goal here is to get you to examine how you ask your questions. It has been said “Ask, and it shall be given you; seek, and ye shall find; knock, and it shall be opened unto you: For everyone that asketh receiveth; and he that seeketh findeth; and to him that knocketh it shall be opened.”

The best questions to ask are: how does this work? What would be a good place to start to learn etc? I am planning on doing this, and does that plan make sense? How do I learn to learn, etc? What is a good book to study etc.

Do not ask us to discern or make a judgment call for you. You have the best eyes and a brain, and if you don't use them, seek out an attorney.

see the relationship of Gunter and Brunhilde for details.

(This is a pretty interesting collection of papers that explains the difference between advice and information)

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