Comments on: Does graduating from law school make you a lawyer and can you offer legal advice to someone in another state?

By: thedrighten

thedrighten — Fri, 05 Mar 2010 08:55:02 +0000

Pretty strange. Why did you sign the contract if you wish to have it invalidated? Anyway, you did receive legal advice from an accredited attorney. She MAY NOT practice law in the state where she resides until she passes the bar for that state, but she is qualified to render an opinion on a contract. You signed a legal contract and cannot weasel out of it as easily as you might wish. The contract is valid. That said, any contract can be invalidated. All you need do is fail to uphold your obligations in the contract, and it will invalidate it. You will however be held accountable for damages to the other party.

By: James M

James M — Fri, 05 Mar 2010 08:55:02 +0000

Just studying law makes you a lawyer, but that doesn’t mean that you are qualified or competent to give advice. It is always best to advise someone to seek professional advice, and not to advise them yourself. They will thank you in the end

By: wizjp

wizjp — Fri, 05 Mar 2010 08:55:02 +0000

Contract says an atty has to review. She is not an atty.

It’s their call, but no, not if a valid atty review is required for enforcement.

By: thegeekboy

thegeekboy — Fri, 05 Mar 2010 08:55:02 +0000

She is not a lawyer and she cannot give legal advice. Even if she passed the bar in her own state she should not give legal advice to you if you live in another state since she is not licensed in your state.

As to whether or not the contract is valid, that depends on the contract, type of contract, etc. so I recommend you speak to a real laywer in your state that can review the contract.

By: cvq3842

cvq3842 — Fri, 05 Mar 2010 08:55:02 +0000

The answers are no, and no.

Graduating law school is ONE requirement for being a lawyer. But not the only one. They also have to pass the state’s bar exam and fulfill other requirements before being formally admitted to practicce law.

A license to practice law in one state does not enable you to practice in another.

By: parade

parade — Fri, 05 Mar 2010 08:55:02 +0000

no. without passing bar, she is nothing.

By: Monica D

Monica D — Fri, 05 Mar 2010 08:55:02 +0000

She is not a lawyer until she passes the bar exam and gets her license to practice law. She is not allowed to give you legal advice or practice as a lawyer until those requirements are met. What is at issue is the contract you entered into that allowed you to have "attorney review." You elected to fulfill the "attorney review" requirement by using a law student – depending on the type of contract you entered into, this was a bad move on your part. Your judgment error does not constitute a reason for the other parties to invalidate the contract. Good luck -

By: Dr. Luv

Dr. Luv — Fri, 05 Mar 2010 08:55:02 +0000

O my God…I cannot believe your relative did that. Your family member broke the law….as lawyers we are not allowed to practice law until we pass the bar and are licensed in the appropriate state. If I have a license in North Carolina I cannot go to South Dakota to deal with legal issues except for a few exceptions…but a rencent graduate is never allowed to practice until they pass the bar.

You family member committed what is called the unatuhorized practice of law and if found by the states bar association they will not be allowed to take the bar exam…effectively ending their career, for a while.

Negotiating contracts would fall under practicing law so she clearly was wrong. Now for your question if the other side knew she was not a licensed attorney and acted you could have the contract voided because of fraud…but if they asked are you an attorney and she said yes…they are under no obligation to look up her bar number and confirm…so in this case there is no action allowing an invalidation.

I am assuming you entered into this contract thinking she was a qualified attorney and ended up with a bad deal….well your only hope unless the other side acted fradulently is to bring an action against your relative in a malpracitce suit before the bar…claiming that she acted wrongfully and you were not aware she could not do it….

As for unlicensed attorneys all they can do is legal info…not legal advice….She could tell you the law: ""A contract requires an offer and acceptance." She cannot give you legal advice…"you should sue and argue these points because what he did was wrong" She pretty much can’t do anything until she takes the bar.

By: DC C

DC C — Fri, 05 Mar 2010 08:55:02 +0000

a) there is no such thing as ‘practicing law w/o a license’. Why? Becuz the supr crt says practicing law is a ‘common law Right’ and therefore does not need a license. If u need further proof, write ur state capital and ask which dept gives out a ‘law license’. They don’t. The ‘state bar’ is more or less a club w/ dues. They can’t give themselves a license the same as Doctor’s (AMA) can’t give themselves a license – only the state can issue a ‘license’ .

b) The law that’s above the constitution is the law of contracts. It’s been around for thousands of years. In America (all states of the union) u have the fundamental Right to contract. And, ‘no rule, code, or law’ can interfer w/ ur fundamental Rights’ (at least that’s what the sup crt says. See Miranda v. AZ.)

c) I’ve spoke on my own behalf in fed crt 3 x’s & state crt 5 x’s – it’s no big deal. Most lawyers I saw in crt were clowns – and if their clients (paying customers) witnessed how they waste time and then charge for it – their customers would b pissed.

d) fyi – if u hire an attorney – u r telling the crt u r a child, mentally ill – these are not my words but read the ‘legal’ definition for attorney.

e) vry few lawyers know the law – they are taught procedure.

f) lastly, u have the fundamental Right to the assist of councel. This should tell u that u can have the help of anyone u desire.

g) Next time, use a para-legal. They generally are more helpful, more friendly, less expensive, and know more then most attorneys.

hope this helps

By: bottleblondemama

bottleblondemama — Fri, 05 Mar 2010 08:55:02 +0000

No, she cannot legally practice law in any State until she has passes that particular state’s Bar Association Examination (most don’t pass upon the first try). To give out legal advice and represent herself as an attorney before passing the Bar in that state could land her in a world of criminal liability and highly likely prohibit her from pursuing the Bar exam in any State.

Additionally, once her deception is discovered, any act that she illegally accomplished could be invalided if the other parties involved wanted to dispute the validity of the contract.