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JebbyJ1 (California)
Posts: 26
Posted:
...but much needed advice for some of you on this forum. Spare yourself the time of constantly stating "I am not a lawyer". The nonsense that follows proves it.

Very telling that you think everyone fancies you might be an attorney. Trust me, no one is going to think you are lawyers. Quit it.
RayC4 (Virginia)
Posts: 173
Posted:
hahaha....good one Jeb. Guilty as charged.

Still, I think such posters mean well. I don't think their intent is one of formal "full disclosure." Rather, I think (not knowing who's reading what or how they might react) the intent is merely a cautionary one, as in "don't bet the farm on this advice I'm giving out....".
TimB4 (Tennessee)
Posts: 21,062
Posted:
Jeb,

I actually started posting that disclosure more often once one member accused everyone on this site of practicing law without a license (mainly because we were giving our interpretations of Statutes).
JonD1
Posts: 2,350
Posted:
I am not a lawyer. And my guess neither is Jebby.

LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By TimB4 on 03/17/2015 1:29 PM

I actually started posting that disclosure more often once one member accused everyone on this site of practicing law without a license (mainly because we were giving our interpretations of Statutes).

One of my fellow board members became so incensed with my citations of state statutes (especially the ones he did not like) that he filed a complaint with the State Bar, alleging that I was engaged in the unauthorized practice of law. According to his Bar complaint, he had first filed a report with the county sheriff alleging that I was somehow threatening him by citing statutes.

The State Bar dismissed his complaint.

JebbyJ1 (California)
Posts: 26
Posted:
Good stuff guys. And don't fret Jon, no one thinks so.
JebbyJ1 (California)
Posts: 26
Posted:
Tim surely anyone can interpret a statute without practicing law. It is called an opinion, which is what is offered here.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Jeb,

I'm not saying that the individual who accused was was right (or that I thought they were right). If you had read the thread where that occurred, you would see many thought the comment made was incorrect.

When the individual who accused us did demonstrate to me that perhaps some may believe that we are giving opinions based on legal training. Therefore, to help clarify, I started posting more often.
Additionally, in some private e-mails with others, perhaps on my phrasing of responses, I have been asked if I had legal training. Therefore, when there is a possibility that what I post may be taken as an opinion based on legal training, I add my disclaimer.

I think Ray said it best as to why I, and others, post the disclaimer:

"Rather, I think (not knowing who's reading what or how they might react) the intent is merely a cautionary one, as in "don't bet the farm on this advice I'm giving out...."."
JebbyJ1 (California)
Posts: 26
Posted:
Tim I get it to a point...but I mostly think its ridiculous. Most people can discern fact from fiction.

If it makes you feel better to constantly state the obvious, by all means do so.
JonD1
Posts: 2,350
Posted:
. Most people can discern fact from fiction.

Now that's quite a statement. We have folks who come here with legal problems and take legal advice and direction from anonoymous posters.

Sometimes best to state for the record what it obvious to others
I
JebbyJ1 (California)
Posts: 26
Posted:
How do you take legal advice from a non-legal source? Is that even possible?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JebbyJ1 on 03/18/2015 8:35 AM
How do you take legal advice from a non-legal source? Is that even possible?

Question: Hoa is doing xyz, is this legal?

Answer: Yes, the association typically has the authority to do xyz.

Argument: question was of a legal nature and answered. Legal advice was given.
AmandaR2 (South Carolina)
Posts: 566
Posted:
I must say it appears that some are having a hard time seeing things from another prospective and accepting criticism. My personal feeling about the disclaimer some use is while it really doesn't particularly annoy me, my take on it is when it's used it implies you ARE actually (or believe you are) giving sound legal advice and that's why you feel the need to add the disclaimer in. Now that you explain your reason for it (your past experience I understand why some of you do it). Although it is not necessary.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By LarryB13 on 03/17/2015 3:35 PM

One of my fellow board members became so incensed with my citations of state statutes (especially the ones he did not like) that he filed a complaint with the State Bar, alleging that I was engaged in the unauthorized practice of law. According to his Bar complaint, he had first filed a report with the county sheriff alleging that I was somehow threatening him by citing statutes.

The State Bar dismissed his complaint.


Only the "state" can prosecute for practicing law without a license. The Bar Association is limited to policing the conduct of registered attorneys

Of which I'm neither
FredS7 (Arizona)
Posts: 927
Posted:
> Spare yourself the time of constantly stating "I am not a lawyer". The nonsense that follows proves it.

Apparently you don't know many lawyers.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By MarkM31 on 03/18/2015 9:00 AM
Posted By LarryB13 on 03/17/2015 3:35 PM
One of my fellow board members became so incensed with my citations of state statutes (especially the ones he did not like) that he filed a complaint with the State Bar, alleging that I was engaged in the unauthorized practice of law. According to his Bar complaint, he had first filed a report with the county sheriff alleging that I was somehow threatening him by citing statutes.

The State Bar dismissed his complaint.

Only the "state" can prosecute for practicing law without a license. The Bar Association is limited to policing the conduct of registered attorneys

You are confusing the State Bar with the bar association.

The State Bar is the arm of state government that regulates attorneys. In my state, the State Bar is run by the Arizona Supreme Court. Under the Supreme Court's rules, the State Bar may commence a civil action against a non-attorney who is engaged in the unauthorized practice of law.

The Bar Association has no official status and is primarily a trade association for lawyers.

JebbyJ1 (California)
Posts: 26
Posted:
Sorry Tim but because a question is of a "legal" nature does not qualify your answer as a "legal" response.
JebbyJ1 (California)
Posts: 26
Posted:
Good one Fred
JebbyJ1 (California)
Posts: 26
Posted:
Quote:
Posted By AmandaR2 on 03/18/2015 8:56 AM
I must say it appears that some are having a hard time seeing things from another prospective and accepting criticism. My personal feeling about the disclaimer some use is while it really doesn't particularly annoy me, my take on it is when it's used it implies you ARE actually (or believe you are) giving sound legal advice and that's why you feel the need to add the disclaimer in. Now that you explain your reason for it (your past experience I understand why some of you do it). Although it is not necessary.

Well stated Amanda
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am not nor do I play a lawyer.

I often used this as a warning that it is not professional advice. At best it is experience and reading comprehension speaking.

If it makes me feel comfortable saying it then that is all that really matters.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
I am not nor do I play a lawyer.

I often used this as a warning that it is not legal advice as I am not qualified to offer such. At best it is experience and reading comprehension speaking. Two traits that some posters do not have.

If it makes me feel comfortable saying it then that is all that really matters....me.....me....me....LOL

AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JohnC46 on 03/18/2015 11:48 AM
I am not nor do I play a lawyer.

I often used this as a warning that it is not professional advice. At best it is experience and reading comprehension speaking.

If it makes me feel comfortable saying it then that is all that really matters.


That's so nice John. I agree that's all that really matters if it's your own "STYLE" of posting and your comfortable. We all know on this forum we respect the "personal style" of ALL posters equally. That's just how WE are.
RichardP13 (California)
Posts: 163
Posted:
Below is what is the general disclaimer on this forum. I believe this should suffice without having to tell everyone we aren't, never have been, never want to, don't know if what I say is giving legal advice, does my opinion sound like good advice and I should go back to school to pursue....

General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
JebbyJ1 (California)
Posts: 26
Posted:
But Richard, if everyone accepted that HOA Talk's disclaimer, John, Tim and many others would not have to spend so much time trying to convince everyone they are "not lawyers".

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JebbyJ1 on 03/18/2015 11:38 AM
Sorry Tim but because a question is of a "legal" nature does not qualify your answer as a "legal" response.

However, the receiver of the opinion doesn't know if I am in the legal field or not.

Per USLegal, an Legal advice, is "the assessment and application of principles of law to a particular factual situation." Hence, interpreting statutes could be considered a legal response. Keep in mind that I don't believe that any more than you do.

However, many who come to this forum with problems are hoping to find an expert opinion (trust me, I am no expert in this field). They should know better, but they are so wrapped up with the issue that they may not always be thinking clearly about the issue. Hence, when they ask if something is legal and get a response, they may take it as gospel.

Again, Ray summed it up best for the reason of disclaimers.

As for Richards' posting, most individuals don't bother to read the posting rules, must less any disclaimers.

JebbyJ1 (California)
Posts: 26
Posted:
Tim you're a riot. You picked and chose from USLegal's definition; however, you misconstrued (and misrepresented) the content.

It also explicitly states: "Merely providing legal information is not considered legal advice."

To dispense "legal advice" there must me an attorney-client relationship. For that relationship to exist, the must be compensation. (see quote below from USLegal)

The following is an example definition of legal advice:

An attorney-client relationship exists and one is deemed to be practicing law whenever "one undertakes for compensation, direct or indirect, to advise another, not his regular employer, in any matter involving the application of legal principles to facts or purposes or desires."

Nice try though...
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JebbyJ1 on 03/18/2015 12:57 PM
To dispense "legal advice" there must me an attorney-client relationship. For that relationship to exist, the must be compensation.

Nope. Never as simple as a dictionary definition.

Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 163
Posted:
My suggestion, as per the posting rules, is, IF you are in the legal field, at that point, say so. Otherwise, as one John says, Buyer Beware.
JebbyJ1 (California)
Posts: 26
Posted:
That's what I was trying to point out to Tim...he thought he would google a legal website to prove a point with a faulty interpretation. I went to the same website and provided some context. I doubt we hear back from him on this thread.
JebbyJ1 (California)
Posts: 26
Posted:
Quote:
Posted By NpS on 03/18/2015 1:05 PM
Posted By JebbyJ1 on 03/18/2015 12:57 PM
To dispense "legal advice" there must me an attorney-client relationship. For that relationship to exist, the must be compensation.

Nope. Never as simple as a dictionary definition.

Except when, from a legal standpoint, it is.
LarryB13 (Arizona)
Posts: 4,099
Posted:
I am not a lawyer and that does not matter because in my home and my office my word is the law!

I have spoken.
JebbyJ1 (California)
Posts: 26
Posted:
Except for when, from a legal standpoint, it isn't.
KerryL1 (California)
Posts: 14,550
Posted:
This "topic" has nothing to do with our "association duties" per our forum's posting rules. Don't feed the troll : )
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By KerryL1 on 03/18/2015 3:28 PM
This "topic" has nothing to do with our "association duties" per our forum's posting rules. Don't feed the troll : )

Best post/advice yet.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By JebbyJ1 on 03/18/2015 12:57 PM
Tim you're a riot. You picked and chose from USLegal's definition; however, you misconstrued (and misrepresented) the content.

Like I said, I am not an attorney and I do not work within the legal profession
GlenL (Ohio)
Posts: 5,491
Posted:
Tim, I think I've hit on a solution for Jebby.

Studies show that 5 out of 4 people have problems with fractions
JebbyJ1 (California)
Posts: 26
Posted:
Quote:
Posted By TimB4 on 03/18/2015 4:02 PM
Posted By JebbyJ1 on 03/18/2015 12:57 PM
Tim you're a riot. You picked and chose from USLegal's definition; however, you misconstrued (and misrepresented) the content.


Like I said, I am not an attorney and I do not work within the legal profession

Tim don't take it personally. You guys give good advice most of the time.

HOA Talk's disclaimer clearly covers the bases on any advice you dispense, legal or otherwise (whether a poster actually reads it or not) and renders it unnecessary to repeatedly state the obvious. When you do, one cannot help but suppose you are grandstanding, or wishfully thinking that you are so knowledgeable as to be confused with legal counsel, and it makes one sound silly.

That is my opinion, like it or not. Keep up the good work!

TimB4 (Tennessee)
Posts: 21,062
Posted:
Jeb,

I'm not taking it personally. You asked a question. I explained why I do it.
You asked follow up questions, I offered an opinion with my reference.

You took the time to read the reference I provided fully (I did not).
That is why I give references.
It allows posters to independently verify what I've said.
It's not the first time I was incorrect and it won't be the last time.

In advice to homeowners with HOA problems, I take far more time in reading the references and understanding them then I did in this thread.

AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JohnC46 on 03/18/2015 3:40 PM
Posted By KerryL1 on 03/18/2015 3:28 PM
This "topic" has nothing to do with our "association duties" per our forum's posting rules. Don't feed the troll : )


Best post/advice yet.

Could someone explain why it's okay to label someone a "troll" (an obvious attempt to get rid of someone) for simply (and bluntly) stating their own perception of things? Many other long time posters do this or MUCH WORSE, often on this chat. Often these other "offenders" are defended, teamed up with, or someone else jumps in to "explain" what the other "really meant", and what we can learn from it. They maybe explain why that person has the right to be harsh, judgmental, condescending or rude.

I am not stating this to "pick a fight" or "defend" Jebby (as I do not know this person and clearly they are very capable of defending themselves. ) I Just feel maybe we can learn something from this unsolicited opinion. I, like Tim says am not offended by Jebby's "Style", and personally hope to see more contributions here by this person. I think it would keep things fresh. IMO more variety is needed, and people should not feel they need to turn in a resume to participate in this Chat forum. We can all learn from each other in many different ways.

ps. I realize the "topic" had nothing to do with our "association duties", however I must say have seen more than once long time posters be guilty of the same crime. I would think that it would be more preferable than hi-jacking another thread already started???
AmandaR2 (South Carolina)
Posts: 566
Posted:
pss, I hope my blunt opinion can be taken simply as "Food for thought" because that's how it's meant. I'm not "calling anyone out".
TimB4 (Tennessee)
Posts: 21,062
Posted:
Although I don't believe Jeb is a Troll. Considering this thread was his first posting on the forum, I can understand, based on the definition, why some may consider him a Troll.

Troll from netlingo.com:

In general, to "troll" means to allure, to fish, to entice, or to bait. Internet trolls are people who fish for other people's confidence and, once found, exploit it. Trolls vary in nature; here are four types of online trolls:

Playtime Trolls: an individual plays a simple, short game. Such trolls are relatively easy to spot because their attack or provocation is fairly blatant, and the persona is fairly two-dimensional.
Tactical Trolls: This is where the troller takes the game more seriously, creates a credible persona to gain confidence of others, and provokes strife in a subtle and invidious way.
Strategic Trolls: A very serious form of game, involving the production of an overall strategy that can take months or years to develop. It can also involve a number of people acting together in order to invade a list.
Domination Trolls: This is where the trollers' strategy extends to the creation and running of apparently bona-fide mailing lists.

Troll from urban dictionary:

One who posts a deliberately provocative message to a newsgroup or message board with the intention of causing maximum disruption and argument

Troll from Wikipedia:

In Internet slang, a troll (/ˈtroʊl/, /ˈtrΙ’l/) is a person who sows discord on the Internet by starting arguments or upsetting people,[1] by posting inflammatory,[2] extraneous, or off-topic messages in an online community (such as a newsgroup, forum, chat room, or blog) with the deliberate intent of provoking readers into an emotional response[3] or of otherwise disrupting normal on-topic discussion.[4]

Troll from dictionary.com:

Digital Technology, Informal. a person who posts inflammatory or inappropriate messages or comments online for the purpose of upsetting other users and provoking a response.

AmandaR2 (South Carolina)
Posts: 566
Posted:
TY Tim,

But....my question actually was: Could someone explain why "it's OKAY" to "LABEL" someone as troll??? (an obvious attempt to put someone in a bad light, and have others not pay attention, wouldn't you agree???) IMO that was and is wrong and unfair (just sayin).

(TY for the definition though, I guess some people don't know that.)
AmandaR2 (South Carolina)
Posts: 566
Posted:
ps. I also feel IMO Jebby made some valid points, many responded so IMO that proves so. Like you say many times Tim it's good if we can learn a little something from even posters that put us on the defense.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By LarryB13 on 03/18/2015 10:23 AM
Posted By MarkM31 on 03/18/2015 9:00 AM
Posted By LarryB13 on 03/17/2015 3:35 PM
One of my fellow board members became so incensed with my citations of state statutes (especially the ones he did not like) that he filed a complaint with the State Bar, alleging that I was engaged in the unauthorized practice of law. According to his Bar complaint, he had first filed a report with the county sheriff alleging that I was somehow threatening him by citing statutes.

The State Bar dismissed his complaint.

Only the "state" can prosecute for practicing law without a license. The Bar Association is limited to policing the conduct of registered attorneys


You are confusing the State Bar with the bar association.

The State Bar is the arm of state government that regulates attorneys. In my state, the State Bar is run by the Arizona Supreme Court. Under the Supreme Court's rules, the State Bar may commence a civil action against a non-attorney who is engaged in the unauthorized practice of law.

The Bar Association has no official status and is primarily a trade association for lawyers.


OK, thanks for clearing that up for me
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By AmandaR2 on 03/19/2015 8:18 AM
TY Tim,

But....my question actually was: Could someone explain why "it's OKAY" to "LABEL" someone as troll??? (an obvious attempt to put someone in a bad light, and have others not pay attention, wouldn't you agree???) IMO that was and is wrong and unfair (just sayin).

(TY for the definition though, I guess some people don't know that.)

Because if they are a troll they need to be dealt with quickly.
I've seen many good forums ruined because of trolls and spam.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Let me clarify my last posting.

It's true that if a troll starts posting on the forum, they need to be dealt with quickly or the forum can suffer. This forum, for the most part, is self moderated.

If you believe someone is a troll, to call them on it can help reveal if it's true or not. This revelation typically comes in the form of responses to that posting.

As I was once told in the Military (cleaned up for this posting): If one person thinks your a jerk, that person has a problem. If the whole room thinks your a jerk, there just might be something to it.
RichardP13 (California)
Posts: 163
Posted:
I think that 99.9% of the time people looking for help or question in an HOA come onto this site and will make a statement, ask a question or something, but related to HOA or entities similar to them, mobilehome park for example.

IF, the person was looking JUST for an legal opinion or advise, they would search out an attorney that thinks they know something about HOA's. How many people have come back to this site saying someone by the name of so and so gave them bad legal advise. I find it redundant that people put onto each of their posts that they are not lawyers and do not work in the legal profession.

Yeah..I'm a jerk!
AmandaR2 (South Carolina)
Posts: 566
Posted:
Let me get this straight.......we all know we're not in the legal profession, and that it's not necessary to state that here on this chat (for MANY reasons).

But it's okay to act as the "Judge and the Jury" regarding new comers to this site, and how we portray them (not just Jebby many others too). Yet overlook much more "jerky" behavior on a daily basis from long time posters.

IMO a double standard exists and the forum may be suffering because some people reading and observing antics may be afraid or timid to chime in and add input because of some of the brutal criticism handed out to some. Not everyone has thick skin doesn't mean they couldn't contribute ideas or just differing opinions here.

I'll drop the subject, because it seems the point is either being missed or manipulated.

Hopefully we'll all be nicer.

AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By RichardP13 on 03/19/2015 10:04 AM
I think that 99.9% of the time people looking for help or question in an HOA come onto this site and will make a statement, ask a question or something, but related to HOA or entities similar to them, mobilehome park for example.

IF, the person was looking JUST for an legal opinion or advise, they would search out an attorney that thinks they know something about HOA's. How many people have come back to this site saying someone by the name of so and so gave them bad legal advise. I find it redundant that people put onto each of their posts that they are not lawyers and do not work in the legal profession.

Yeah..I'm a jerk!

I agree and I'm a jerk too!
JebbyJ1 (California)
Posts: 26
Posted:
Thank you Amanda and Richard for making me feel welcome

Tim, thank you for the refresher Troll Identification 101. Of course, if you could dismiss me as a troll it would distract from your misrepresentations wouldn't it? But you would never do such a thing because, from the majority of your postings, you are helpful and knowledgeable.

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