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Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation.
Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being pro bono publico (in the public good), or simply pro bono.
In the common law systems it is usually received from a solicitor, barrister or lawyer; in civil law systems it is given by advocates, lawyers or other professionals (such as tax experts, professional advisors, atc.).
In some countries, legal advice is subject to the possession of a specific licence, in others, it is simply subject to the general regulation of professional obligation and can be provided by any person, that will usually be legally responsible for the provided advice. The UK's Legal Services Act 2007 includes the giving of legal advice within the definition of unreserved legal activities, which means that it can be provided by any person not just an officer of the court. However, if it is provided by a lawyer or another person authorised by one of the front line legal services regulators, then this activity is included within their regulatory reach.
With the advent of the internet, many services have been established to provide individuals the power to conduct their own legal research or prepare their own legal documents. By the same token, some companies offer answers to legal questions directly through their web services.
Legal advice is distinguished from legal information which is the reiteration of legal fact. Legal information can be conveyed by a parking meter, sign or by other forms of notice such as a warning by a law enforcement officer. Printed legal materials, such as directions and how-to manuals, are generally not considered legal advice. Accordingly, directions on how to fill in a motion form and other court documents do not constitute legal advice. On the other hand, application of legal rules and principles to a specific set of facts is almost always held to constitute legal advice.
- Legal aid
- Legal awareness
- Judge–advisor system, an entity used by academic researchers to study the giving and taking of advice
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