Legal Advisors

 

When discussing the term Legal Advisor, a distinction must be made between whether the giver of the advice is expected to receive a benefit and if they do this may affect the legal position should the advice be wrong, and the recipient acted upon it.

Those who generally give free advice, give it without expecting a consideration of benefit accordingly, they are not generally expected to compensate those suffering a misfortune if they took the advice and suffered.

An example is: Advice asked for, given, taken, and acted upon by a friends and family member.

When seeking advice, a person asks someone who they believe knows more about the topic and again if the advice is given not expecting a reward, it may become difficult for you to become liable for the advice given. However, if a person knowingly gives false advice with the malicious intention of causing another harm, that is quite different and in those cases, the advisor may become liable.

Thus, if the giver of the advice has neither asked for, nor taken a consideration, it is unlikely that those receiving the advice could pursue the advisor if the advice taken did caused loss. Of course, like all things there are exceptions.

In timeshare related matters, if a firm gives advice to a consumer within the confines of an advisory meeting, which results in the client commissioning the lawyers, of course that may well be classed as 'baiting' and a claim may exist if the client has taken a course of action which has caused them financial injury.

Our advice to all TETLI Members is, when giving advice, they should explain that the advice they give, has regard for the facts presented at the time it is given, and if later the facts alter or other documents come into existence, of course the advice given may need to be changed.