Legal advice is oral or written advice on a legal matter that would affect the rights and responsibilities of the person receiving the advice. Providing legal advice requires the attorney to apply the applicable law to the specific facts of the client’s situation, and recommend a course of action. This is distinguishable from the providing of legal information, which generally includes summary statements of the law on a question or legal topic, with the qualification that the legal outcome or proper course of action may vary depending on the specific facts of the situation.
Only a lawyer may give legal advice—but anyone may recite or offer legal information. And it is generally illegal and considered the unauthorized practice of law for someone who is not a lawyer to offer legal advice or represent someone other than himself (including a corporate entity or LLC) in a court or other legal proceeding.
In Texas, legal advice is considered the application of legal principles and judgment to the circumstances or objectives of an individual, which is a service that can only be provided by a person who is licensed to practice law. According to the Texas Government Code, specifically Title 2, Subtitle G, Chapter 81, the unauthorized practice of law is prohibited. This means that individuals who are not licensed attorneys are not permitted to give legal advice, represent others in court, or otherwise engage in activities that constitute the practice of law. The distinction between legal advice and legal information is critical; while legal advice requires a specific application of the law to an individual's situation, legal information can be provided by anyone and consists of general statements of the law without application to particular facts. Violating these regulations can result in penalties, including injunctions, fines, and even criminal charges for the unauthorized practice of law.
