NB: This is a rather long message. It contains mainly my views, musings, and general distaste for the US legal system. I supose at this point this is really off-topic here but...it started out on topic a coupla days ago I just re-read the end of this message...and can't figure out how this discussion "went there" ...ok now for me to send this meaasge and get away from "legal things" and do something in the "real world" On Fri, Jun 05, 1998 at 12:01:28PM +0200, Jens Ritter wrote: > "Richard E. Hawkins Esq." <hawk@eyry.econ.iastate.edu> writes: > > While I understand tand applaud the ideas and goals, being a lawyer myself, > > there's no way I'll touch such a project--it's a liablity problem waiting to > > happen. > > > > Generally, and recognise that this is not legal advise, and that I'm probably > > not licensed in your jurisdiction anywaay, explaining what the law *is* isn't > > legal advise, and wouldn't (usually) be actionable if incorrect. Explain how > > to do a specific thing, and you're a lot closer. Apply it to a particular > > person's situation, and you're all the way on the hooks--the person you > > explainded it too, for free, and the DA, for practicing without a license. > > (BTW what´s DA?) probably: District Attourny > Can you get around this hanging sword above ones head, by expressing ones > opinion? I would say yes...but...thats me... My views tend to disagree strongly with lawyers, politicians, judges, etc I tend to care more about the morality and intent of issues than the "legal side" > But this sure depends on good wording and might have to stand in > court. Yes true...it doesn't matter what it means in the real world...it matters what it means in that weird universe known as "court"....where things like truth and justice takeon some really twisted meanings > > This is reall a job that needs a lawyer with a *big* E&O (malpractice) policy. > > Not just for the possibility of mistakes, but because it is expensive to be > > sued when write. > ..sigh...life would be so much simpler if people didn't feel this perverse need to have laws and government. At least it is comforting to know that lawmakers, lawyers, etc will be "the first ones up against the wall when the revolution comes" (no empire lasts forver...I just hope the current ones don't last much longer) it is so silly to think that someone can, in good faith, try to help people out by compiling information for them, can do this without being asked, for free...and can be sued for it by some ingrateful slime am I the only one who sees the sad irony in that? on a more practical note.... I have to wonder, are there any cases where someone wrote something like this, and distributed it freely to anyone who wished to have it, for no charge (not necissarilly on the net but preferably) and been sued for bad legal advice? Moreover have any of these disclaimers seen all over the internet on pretty much every document, ever been "tested in court". I ask mostly because courts tend to be very weird in that all of the "legal analysis" in the world really tends to mean jack shit until a real case comes up and it happens in court. I guess keeping that in mind...if this specific case has not been "tested in court" then the person writting it and putting their name on it should be prepared to have to test it (tho personally I doubt it would happen) course...I supose now it might be too late for it to be published anonymously? sigh...is there anything now that is as good as anon.penet.fi used to be a coupla years back? (of course that all assumes the person intending to write it was willing to not put their name on it..I forget who started this thread....but...thats probably what I would do if it came down to it) then again...it would probably be best done that way...and to just find some apropriate place to ask users to publicly post recommendations for additions ..that way they can't ask you directly for clarification (which woul dbe that much more so legal advice) actually..thats not true...if it were _ME_ I would just write it and releace it and say "screw the law". I tend to just live my life and do what I do, if what I do is "legal" fine...if not...thats fine too...cuz I don't care I care more about moral than legal (as it is I have a web page in my name even with my adress on it, where I openly admit to having done things, some of which are illegal...including drug use, attempts to grow marijuana (been away from that stuff for a while but I left it on the web page even tho I don't do it anymore). Also on one of the pages I am most proud of giving tips on how to disrupt the operations of the DEA (for fun...I myself never did any of them) and the "disclaimer" I have was written almost exclusivly as a joke because I thought it was funny) ...I have never been sued or had any legal actions brought agaisnt me whatsoever maybe this is a differnt type of thing alltogethr... my point is... I personally wouldn't worry to much about it...as in... I would put the disclaimer in and leave it at that BTW is it possible (note I am asking in context of within the USA...cuz it is this repressive regime that I live in and assume very arrogently that that is where it is being written) to aska lawyer for legal advice (as in reading over the document and checking it quickly for correctness) and to sign some sort of contract which would, due to the nature of the advice, hold them non-responsible for errors in their advice? (I mean I know you can write up and sign such a thing...but I can write up a document saying asnything and sign it...but some things can not be legally binding) -Steve
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