IANAL

IANAL is a Usenet and chat abbreviation (initialism) for the expansion "I am not a lawyer".[1] The expansion may be used by non-lawyers who are seeking to avoid accusations of unauthorized practice of law and are not making any recommendation to the particular addressee of their remarks.

A related abbreviation, TINLA, stands for "This is not legal advice." One or both of these expansions often precede opinions about law.[1] The use of these expansions serves as a warning for the reader not to take the opinion as professional legal advice. Many jurisdictions have legal restrictions on actually giving or even appearing to give legal advice, or otherwise practicing as a lawyer without legal qualifications and official registration. Rendition of legal advice by a person who is not licensed to do so can be the basis for a charge of unauthorized practice of law.[2]

Origin and usage

The term appears to be inspired by a 1980s commercial for Vicks Formula 44 cough syrup, in which two spokesmen successively pitched the over-the-counter medication with the line: "I'm not a doctor, but I play one on TV."[3] The spokesmen were soap opera actors Chris Robinson (who played Dr. Rick Webber on General Hospital) and Peter Bergman (who played Dr. Cliff Warner on All My Children).[3] The transfer from doctor to lawyer is an example of a snowclone.[3] The term IANAL is reported to have been common on Usenet by the late 1980s and early 1990s.[4]

A variant of IANAL is IANYL ("I am not your lawyer"). The term may be used by a lawyer posting comments on a message board to indicate that the commentator is, in fact, a lawyer, but to emphasize that the commentator does not represent the reader, and to indicate that the comments are not protected by attorney–client privilege and that the commenter disclaims any malpractice or other tort liability should the suggestion be followed with undesirable results. IAAL ("I am a lawyer") is sometimes used as well, usually with an explicit disclaimer such as "IAAL, but I'm not your lawyer".

The case law standard for determining what comments cross the line is generally "the application of law to facts specific to an individual seeking legal advice". Attorneys may use a disclaimer to reduce confusion, and "I am not your lawyer" is part of a typical disclaimer.[5] There are "weighty obligations" that go along with the creation of a lawyer–client relationship, particularly if an "online exchange includes legal advice relating to the client's specific facts". Courts have held that (in the case of 900 numbers) boilerplate disclaimers without clear actions to indicate assent may not avoid the creation of a lawyer–client relationship.[6]

Variations of IANAL can be applied to different fields, such as IANAMD for "I am not a Medical Doctor" or IANAP for "I am not a physicist"[7] These expansions serve the same general purpose as IANAL – to discourage the use of the information as professional advice.

See also

References

  1. 1 2 Jason B. Wacha (February 1, 2005). "Taking the case: is the GPL enforceable?". Santa Clara Computer & High Technology Law Journal. University of Santa Clara, School of Law. Retrieved 2008-01-01.
  2. ↑ "Unauthorized Practice of Law Pamphlet". Washington State Bar Association. Archived from the original (DOC) on 2008-02-16. Retrieved 2008-01-08. A person who provides legal services, who is not a licensed lawyer, or who is not otherwise authorized by law to provide legal services, may be engaging in the Unauthorized Practice of Law (UPL). In Washington UPL is a crime.
  3. 1 2 3 Arnold Zwicky (October 13, 2005). "Playing One 2". Language Log. Retrieved 2008-01-01.
  4. ↑ Tim Hanrahan and Jason Fry (April 27, 2005). "Readers Parse Text-Message Slang". Real Time Exchange. Wall Street Journal. Retrieved 2008-01-01.
  5. ↑ John Steele (April 2002). "Attorney Internet Ethics". California Lawyer. Retrieved 2008-01-08. An attorney who wants to respond to a chat room question should not give legal advice until the attorney and would-be client have explicitly discussed or created an attorney-client relationship.... Otherwise, the attorney needs to use a written disclaimer in the chat room, stating something like, "This information is given for legal education only. It may not work for your specific situation. It is not legal advice, and I am not your lawyer. You have to find your own local lawyer to get legal advice and help with your problem."
  6. ↑ Jennifer P. Hopkins (June 1, 2002). "The Ethics of Practicing Law in Cyberspace". New Hampshire Bar Association. Retrieved 2008-01-08.
  7. ↑ "Tying knots with light". science.slashdot.org.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.