Here is an easy way to understand legal advice vs procedural process aka administration:
- Legal advice is a specific recommendation or opinion about what the law says or how the law applies to a particular situation. It is typically given by a lawyer, who is trained in the law and understands the nuances of how it applies to real-world situations.
- Procedural process or administration is the set of steps that must be followed in order to complete a legal task, such as filing a lawsuit or drafting a contract. It is typically governed by rules and regulations that are set by the courts or other government agencies.
Here is a table that summarizes the key differences between legal advice and procedural process:
| Feature | Legal Advice | Procedural Process |
|---|---|---|
| Who provides it | Lawyers | Court staff, government agencies, or other non-lawyers |
| What it is | A specific recommendation or opinion about what the law says or how the law applies to a particular situation | A set of steps that must be followed in order to complete a legal task |
| Purpose | To help clients understand their legal rights and obligations and to make informed decisions about their legal matters | To ensure that legal tasks are completed in a fair and orderly manner |
| Restrictions | Only lawyers can give legal advice in most jurisdictions | Anyone can provide procedural information, but lawyers may be the only ones who can give legal advice about the procedural process |
References:
- Legal Information vs. Legal Advice: https://www.txcourts.gov/media/1220087/legalinformationvslegaladviceguidelines.pdf
- Procedural Advice Definition: https://www.lawinsider.com/dictionary/procedural-advice
- civil procedure | Wex | US Law | LII / Legal Information Institute: https://www.law.cornell.edu/wex/civil_procedure
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