What is - and what isn't - legal advice?
We regularly receive questions from our customers about legal matters. And while we do have backgrounds as paralegals and legal assistants, we are not lawyers and cannot practice law or give legal advice. But on an almost daily basis, customers ask us for answers or opinions which may or may not fall under the definition of legal advice.
Our standard answer is "I'm sorry, but I'm not a lawyer and I can't answer that question for you." But once in awhile we get a customer who argues that they're not asking for advice - they're only asking a question. However, it's the nature of the question, and therefore the answer to it, that can be problematic.
Our support team members have to be very clear on what the term "legal advice" encompasses, and what exactly would constitute "giving legal advice". Sometimes it can be difficult to determine which side of the line a customer question falls on. Let me give you some examples based on our experiences.
Example #1. Question that doesn't require legal advice: "How do I fill out this form?"
This is pretty straightforward. While our legal forms contain instructions to assist users, occasionally a customer will find something they don't fully understand and they'll ask for our help.
We can walk them through the steps for completing a document without giving legal advice or opinion. In this case, what we're offering is assistance, not advice.
Example #2. Question that requires legal advice: "My ex-partner ripped me off. Can I sue him?"
This one's also an easy call. The person definitely needs to talk to a lawyer about this matter, so our customer support representatives would immediately tell them to contact a legal advisor in their area.
Tricky questions that are in the "gray area"
We often have a customer ask "Which is the right form for my situation?" This can get a bit murky. Whether the answer constitutes legal advice will depend on the customer's situation.
If the customer is starting up a business and is wondering which of our Business Plan templates might work best for her, our support team can point her towards the best options for her business model and help her make a choice. A business plan is not a contract. There are no legal rights or obligations contained in the document, and there is no legal advice or opinion being offered with respect to the document's usefulness. If the customer decides that a different template would work better than the one she purchased, we will exchange it for her.
However, if an employer in California asks if he can use an an Employment Agreement with non-competition provisions, this becomes a question of law. Now we're onto shaky ground. The short answer would be "No, you can't." California law prohibits non-compete clauses in employment agreements, and California courts have strictly enforced it. But just because the answer is straightforward does not cancel out the fact that this answer is still considered "giving legal advice".
How to answer them without giving legal advice
So how can a support agent answer this question without getting him/herself in trouble? We always preface our answers with the disclaimer, "I'm required to tell you that I'm not a lawyer and I cannot give you legal advice." In this case, I would follow it up with: "The California Business and Professions Code Section 16600 would seem to indicate that non-competition provisions would invalidate your contract. I recommend that you get the opinion of an attorney who practices employment law."
As customer service specialists, we want to help our customers to the best of our ability. But there are certain lines we cannot cross, because the penalties for doing so are severe. If we're not sure whether it's legal advice or not, we'll err on the side of caution and treat it as if it is. So if you come to us with a question, please be understanding if we're unable to answer it for you.
Image by Venita Oberholster from Pixabay
