Monday, August 23, 2010

Reporting a person giving legal advice without a license?

I need to know how and where to report a person (a LSW) giving legal advice without a license in the State of New York. How can I do that? I've already searched the NY State BAR association but found no link, no email, no info on how to do it.


ThanksReporting a person giving legal advice without a license?
Mediators can provide advice and state their opinion, however they cannot do so an imply they are doing so as an appointed member of the court staff and specifically directed to mediate by the judge handling to case.





Anyone can offer to listen to a dispute and get paid for doing so, as long as they make it clear they have no legal standing with the court system and they must only express their opinion and suggest what they would do were they faced with the situation being discussed....If on the other hand they represent themselves as officially representing the court and a specific judge and they are no, you simply file a written complaint to the State Bar...The Bar will call you or send you specific forms to be filled out and sent back to them....At some point you will be asked to give a statement....If this doesn't fill your need, you can always hire an attorney to represent you and file an action against the so called mediator.Reporting a person giving legal advice without a license?
If you genuinely feel this individual is over-stepping her boundaries you can discuss the matter with a superior, request another mediator, or discuss the matter with your states DA or Attorney General if it's substantiated.





But keep in mind, many LSW's work as family law/court appointed mediators, (and other areas of mediation.) Though they are not there to practice law, they are there to advise and discuss the different points of law that are relevant to the case and relating to each side.





It is up to the parties involved whether to take that advice and come to an equitable decision or not. They are also paid for those services. Their fees are usually split equally between the parties involved.





Though this individual may be aggressive in her manner and you may disagree with her methods, with all do respect, it sounds like she is just doing her job.
Is the person charging you for the advice? If so, then go to the DA with it and ask them. If this person isn't charging you, and you know he/she is not a lawyer, it is just a matter of this person giving you an opinion and it is your job to verify it, and it was your choice to listen to it, so I would doubt you have a case.





It is like me. I am not a lawyer, I am just telling you what I would do, and I cannot be held liable if you follow my advice.
Mediators in New York State are not required to be attorneys. As a mediator, she can advise you of her understanding of the law and explain why you should accept her determination. If you don't like her determination, unless it is binding arbitration, then you are still free to take your claim to court, where you may be represented by a licensed attorney and a judge/jury will rule on your claim.
A mediator is an independent agent hired by opposing parties to assist in the adjudication and resolution of a given issue. A mediator does not have to be a lawyer or a licensed professional. If both parties agree after the mediation, they may enter into a binding agreement. The mediator is usually hired by a commission set up under law for a particular jurisdiction (ex. family court, labor dept). The mediator may charge a reasonable fee to both parties. Todd Crawford, Esq. New York.
Thats laughable. It's merely advice. The person giving it is not forcing them to take it. If that were the case 99% of us here in this forum would be reported.





I find it ironic that you wish to report someone not licensed to give you advice and come to a forum filled with non licensed users.
Mediation is not legal advice, nor is it considered the practice of law. The NY State Bar just won't be interested in your complaints.

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