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Solarr (IT Professional)     22 July 2023

Importance of taking a legal advice/opinion from a lawyer

I would like to know the importance of taking a legal advice/opinion from a lawyer.

Does taking legal advice mean that the lawyer takes complete responsibility of the situation?

Example:-
Let's say, a lawyer after reading the license of a particular software gives an advice saying that yes I can use that software freely on my computer. Then, that software vendor comes to know that I am using his/her software freely on my computer without paying for it which I should have paid for according to the software vendor and then the software vendor sues me. In that case, I don't have to worry about anything, the whole blame is taken by the lawyer.

Case 1: If the software vendor is right and if there is any compensation (for incorrectly using the software) that has to be paid then it would be by the lawyer as the legal advice has been given by the lawyer.
Case 2: If the lawyer is right then I and my lawyer are free from any prosecution.

The issue can be solved either outside a court of law or inside it. If the issue is taken inside the court then I don't have to pay any fees (not sure) to my lawyer for the hearings that take place in the court as the legal advice has been given by the lawyer.

After the issue is solved and if the software vendor is right then I would either have to uninstall the software or pay for using the software according to the software vendor.

Am I right in the above points? (Please correct me if I am wrong)

Note: The example I have given would come under "Copyrights" but I would like to know in general about the importance of taking a legal advice/opinion from a lawyer.

Thank you.



Learning

 4 Replies

Dr. J C Vashista (Advocate )     23 July 2023

Q Does taking legal advice mean that the lawyer takes complete responsibility of the situation?
Ans: Not at all.

Solarr (IT Professional)     23 July 2023

Thank you Dr. J C Vashista for your reply.

I think the word "situation" would be a little too strong, instead I'll use the term "legal advice".
So the main question becomes: Does the lawyer take complete responsibility of his/her legal advice?

Hence I'll repeat (in brief) taking the same example in the opening post, if the lawyer takes complete responsibility of his/her legal advice then:-
1. The whole blame is taken by the lawyer if I am sued
2. If there is any compensation that has to be paid then it would be by the lawyer
3. I don't have to pay any fees to my lawyer for the hearings that may take place in a court of law

Please correct me if I am wrong in the above points.

You can even answer in general about the importance of taking a legal advice/opinion from a lawyer versus "taking an advice from a friend" or "taking advice from replies given in an online forum" or "relying on answers given by AI bots:- LawyerGPT, AI Lawyer etc" or "elsewhere".

Thank you.

rohit   04 August 2023

Since you have taken a legal advice that will save you from any harsh penalty but you have to pay the fee. If there was gross negligence on part of the legal advicer, then you can sue him for negligence.

Solarr (IT Professional)     13 August 2023

Thank you Rohit for your reply


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