Do advocates give legal opinion?

Asked by: Miss Oma Kautzer  |  Last update: September 17, 2022
Score: 5/5 (71 votes)

As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than themself in court.

Who can give legal opinion in India?

He submitted that as per Section 24 read with Section 29 of the 1961 Act,any person intending to practice the profession of law must be enrolled as an advocate on any State Bar Council established under the 1961 Act.

What is the difference between legal advice and legal opinion?

It points to the key difference between a legal opinion and legal advice—i.e., that a legal opinion is an attorney's analysis based on past or present facts, while legal advice is an attorney's counsel and guidance as to what future actions the client should take.

What is a legal advocacy?

Legal advocacy – also known as advocacy through the courts – uses the judicial system to advance social change goals. This is often done by bringing forward a legal case in court that focuses on improving a situation for a particular group of disadvantaged people.

Who can give legal advice in South Africa?

Numerous South African attorneys and law firms offer free legal help to people who have a legal problem that holds merit. A means test will be done to determine whether one qualifies for the assistance of a pro bono attorney. In South Africa, one can employ the services of the ProBono organization.

how to draft legal opinions?

22 related questions found

Who will you go to if you need legal advice?

In general, only a licensed attorney can give legal advice, but there is distinction between “legal advice” and “legal information.” Any non-lawyer can simply recite laws, but it is illegal for a non-lawyer or unlicensed attorney to offer legal advice or represent someone other than herself in a court of law.

How much does a lawyer cost in South Africa?

A total of 34% of the respondents reported charging less than R1000 an hour, while 19% said they charged less than R200. Approximately 82% of respondents said it was R1000 to R1500 per hour, 39 said it was R5000-R1000. Most companies charge between R1500 and R2000 per hour, but there are several higher prices.

What can Advocates do?

An advocate can: listen to your views and concerns. help you explore your options and rights (without pressuring you) provide information to help you make informed decisions.

What's the difference between a lawyer and an advocate?

An advocate is a specialist attorney who represents clients in a court of law. Unlike an attorney an advocate does not deal directly with the client – the attorney will refer the client to an advocate when the situation requires it. Advocates can also appear in the higher courts on behalf of a client.

What is the role of an advocate in court?

it is the duty of the advocate to maintain the decorum of the court and act properly with his opponents or colleagues. He must always act in the best interests of his clients and should not do any kind of act that betrays their trust upon him. An advocate has to present his case before the court fearlessly.

How much does a legal opinion cost?

it depends solely on advocate\'s fees, which generally varies 3-5 thousands rupees. value of the property is immaterial. engage firm, who will experienced in this field to get better result with cheaper cost. you may call me through pathlegal for clarification and advice.

Can a non lawyer give legal advice?

Thus, a non-lawyer may sell legal forms, provide general instructions for filling out the forms, and provide typing services for the entry of information into forms, provided no legal advice is given.

What are lawyers not allowed to do?

Rue 48 prescribes that an advocate shall not be a Managing Director or a Secretary of any Company. Rule 49 precludes an Advocate from being a "full-time salaried employee" of any person, government, firm, corporation or concern, so long as he continues to practice.

What is a legal opinion in India?

A legal opinion is often a written document by attorneys, as attorneys have understood the facts presented in the related case and approach the case with the laws applicable to that particular issue or law. Keeps its perspective on that matter with special legislation and states which law may apply to that case.

Who is more powerful lawyer or advocate?

In short, it can be concluded that a Lawyer who can represent clients in courts is called an Advocate. Whereas a lawyer who is not eligible to represent clients in court cannot be called an advocate. An advocate conducts a case in the court on behalf of his clients. Advocate is just a category under the term Lawyer.

Are advocates better than attorneys?

An advocate is a specialist lawyer who represents clients in a court of law. Unlike an attorney, an advocate does not deal directly with the client – the attorney refers the client to an advocate when the situation requires it.

Does advocate mean lawyer?

The word Advocate is usually used for a lawyer only. This is a person who has completed law degree and eligible to stand in the court on behalf of his/her clients. Advocate is called Barrister in Scottish and South Africa.

Why would someone have a advocate?

Your council has to provide an advocate if you do not have family or friends to help and you have difficulty: understanding and remembering information. communicating your views. understanding the pros and cons of different options.

Why is it good to have an advocate?

An advocate can support you by helping you understand your rights in the workplace. In some situations, for example, if you feel you are being discriminated against because of your mental health problem, they might be able to speak with your employer on your behalf, or support you during meetings.

How do you negotiate with a lawyer?

How to Negotiate With an Attorney
  1. Research First. Start by getting a basic understanding of the different ways that lawyers can charge you. ...
  2. Consider a Flat Fee. ...
  3. Consider an Hourly Fee. ...
  4. Consider a Contingency Fee. ...
  5. Ask for Fees in Writing. ...
  6. Cut the Extras. ...
  7. Look Outside Your Area. ...
  8. Explore Your Options and Find a Cheaper Attorney.

Who pays for a divorce in South Africa?

The court will issue an order confirming who pays what. If the two parties can't agree on payments, then the court will rule on their behalf. How property and other assets will be divided. Generally, assets and debts are shared when you get divorced, unless a premarital contract was agreed.

What to do if your lawyer is not helping you in South Africa?

Members of the public can lodge complaints against any law professional through a legal hotline called the “Trustline” initiative which is run by the Law Society of South Africa and the Attorneys Fidelity Fund. The public can lodge complaints at 0800-202-036 or at trustline@tip-off.com.

How can I get a legal question answered for free?

ABA Free Legal Answers is a website on which you can submit your questions about civil (non-criminal) legal issues and receive answers from pro bono lawyers in your state. It's EASY. Legal questions are submitted online – all you need is an internet connection.

What is legal Counselling?

Legal counselling is the process by which a lawyer communicates advice to a. client.5. A client is a person, natural or legal who approaches the lawyer for legal assistance. The word client has its roots in the Latin word 'clients'. Client is a person using the services of a professional person or organization.

What is an example of legal advice?

Some examples of legal advice include: Selecting, drafting, or completing legal documents or agreements that affect the legal rights of a person. Representing a person before a court or other governing body. Negotiating legal rights or responsibilities on behalf of a person.