Ben is a paralegal in a private defense firm. He has been given the responsibility to meet with Jamie, a new client, for an initial interview. Ben has carefully prepared for the interview and has gathered all the important information from the client. At the conclusion of the interview Ben asks Jamie if she has any questions. Jamie asks his opinion about how best to try the case and what her chances are of being found not guilty. Ben tells Jamie that he cannot answer those questions as he cannot give legal advice. Is Ben correct? If so, why can't Ben give legal advice?
What will be an ideal response?
Legal advice is independent professional judgment based on knowledge of the law and given for the benefit of a particular client. It may be offered only by an attorney. Not only is giving legal advice a violation of professional ethics, it is also a criminal violation.
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