法律英语：49 Legal Disclaimers

by Michael W. Flynn
 
Today, I will answer the most common question I have received since I began this podcast: why do I include the following annoying disclaimer at the beginning of every episode:
 
Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.  
 
The short answer is that I am covering my own butt³ from potential ethical⁴ violations⁵ and malpractice suits. I truly love doing this podcast, but a million-dollar lawsuit⁶ filed against me by a disaffected⁷ listener would be pretty devastating⁸. This disclaimer helps to shield me from this kind of crippling liability. 
 
Attorneys owe several duties to their clients, including prospective⁹ clients, current clients and former clients. One of these duties is a duty of competence¹⁰. That is, an attorney must use legal knowledge, skill, thoroughness and preparation reasonably necessary to represent the client. In order to competently serve a client, an attorney must also act diligently¹¹ to pursue a case to the end. So, an attorney must respond to a client’s phone calls and e-mails, and must also keep the client abreast¹² of any major changes in the case.
 
If the attorney does not perform competently, there are two main concerns: malpractice liability, and ethics¹³ violations. A client who suffers legal detriment¹⁴ due to his attorney’s failure to act competently can bring a malpractice suit, and may recover huge monetary¹⁵ damages. So, if a listener relied on something I said that turned out to be wrong and lost money as a result, then I might be open to liability. To recover, the client must normally show that the attorney acted in a manner that was unreasonable¹⁶ or careless relative to other attorneys in the area. Alternatively, the state bar association where the attorney screwed up can bring ethics charges against the attorney that can result in fines, suspensions, or possible disbarment.
 
However, generally, an attorney only owes this duty of competence to clients. As an attorney, it is usually pretty obvious who your clients are: the people that call you up asking for advice. But it is less clear from a prospective or potential client’s perspective who your attorney is. Imagine you have a quick question regarding what kind of permit you need to get before building a deck in your back yard. If you call me, and also call 10 other attorneys, and we each give you advice, is any one of us your attorney?
 
Most states follow the rule that anyone that the client reasonably expects to be their lawyer is their lawyer. There are several factors that go into the analysis of whether a person can reasonably expect that someone is their attorney. For example, a court will consider whether or not we sign a retainer agreement, or whether I send you written correspondence indicating that I am your attorney. Some states consider whether or not you are paying me as a factor. Another factor is the formality of our conversation. Basically, if I look like an attorney and I quack¹⁷ like an attorney, I am your attorney. If you come to my fancy law office with a file in hand, and I look through that file and give you advice, then I am likely your attorney. If, after three martinis in an airport bar, I start rambling¹⁸ on about the permitting process in San Francisco, then I look less like your attorney.
 
I give the disclaimer to make sure that no listeners could reasonably expect that I am their attorney, or that I am trying to become their attorney. I do this by expressly stating that I “do not intend to create an attorney-client relationship with any listener.” My hope is that no listener will expect that I am their attorney.
 
The other main reason for the disclaimer relates to advertising¹⁹. Attorneys must follow strict rules when they advertise their services and solicit²⁰ new clients. For example, it is generally unethical to literally²¹ chase ambulances for clients. With regard to advertising, attorneys must expressly note that their advertisement is indeed an advertisement, and not advice on which a client should rely. Some states such as California also require attorneys to keep copies of their ads for several years. At the end of my podcast, I also tell listeners that, if you e-mail me, that e-mail will be used for the purposes of Legal Lad. That extra disclaimer is intended to communicate that I am not seeking new clients, and will not use any information provided to me for anything other than this free educational podcast. In fact, I am pretty swamped right now in my private practice, and really cannot take any new clients anyway!
 
So, Loyal Listeners, I know the disclaimer is annoying. But, in order to safely operate Legal Lad, I simply gotta do it. Thank you for your patience, and please continue sending your questions.
 
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful²² Life. Be sure to check out all the excellent Quick and Dirty Tips podcasts at QuickAndDirtyTips.com.
 
You can send questions and comments to。。。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
 
Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 butt   

n.笑柄；烟蒂；枪托；臀部；v.用头撞或顶

参考例句：

• The water butt catches the overflow from this pipe.大水桶盛接管子里流出的东西。
• He was the butt of their jokes.他是他们的笑柄。

4 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

5 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

6 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

7 disaffected   

adj.（政治上）不满的，叛离的

参考例句：

• He attracts disaffected voters.他吸引了心怀不满的选民们。
• Environmental issues provided a rallying point for people disaffected with the government.环境问题把对政府不满的人们凝聚了起来。

8 devastating   

adj.毁灭性的，令人震惊的，强有力的

参考例句：

• It is the most devastating storm in 20 years.这是20年来破坏性最大的风暴。
• Affairs do have a devastating effect on marriages.婚外情确实会对婚姻造成毁灭性的影响。

9 prospective   

adj.预期的，未来的，前瞻性的

参考例句：

• The story should act as a warning to other prospective buyers.这篇报道应该对其他潜在的购买者起到警示作用。
• They have all these great activities for prospective freshmen.这会举办各种各样的活动来招待未来的新人。

10 competence   

n.能力，胜任，称职

参考例句：

• This mess is a poor reflection on his competence.这种混乱情况说明他难当此任。
• These are matters within the competence of the court.这些是法院权限以内的事。

11 diligently   

ad.industriously;carefully

参考例句：

• He applied himself diligently to learning French. 他孜孜不倦地学法语。
• He had studied diligently at college. 他在大学里勤奋学习。

12 abreast   

adv.并排地；跟上(时代)的步伐，与…并进地

参考例句：

• She kept abreast with the flood of communications that had poured in.她及时回复如雪片般飞来的大批信件。
• We can't keep abreast of the developing situation unless we study harder.我们如果不加强学习，就会跟不上形势。

13 ethics   

n.伦理学；伦理观，道德标准

参考例句：

• The ethics of his profession don't permit him to do that.他的职业道德不允许他那样做。
• Personal ethics and professional ethics sometimes conflict.个人道德和职业道德有时会相互抵触。

14 detriment   

n.损害；损害物，造成损害的根源

参考例句：

• Smoking is a detriment to one's health.吸烟危害健康。
• His lack of education is a serious detriment to his career.他的未受教育对他的事业是一种严重的妨碍。

15 monetary   

adj.货币的，钱的；通货的；金融的；财政的

参考例句：

• The monetary system of some countries used to be based on gold.过去有些国家的货币制度是金本位制的。
• Education in the wilderness is not a matter of monetary means.荒凉地区的教育不是钱财问题。

16 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

17 quack   

n.庸医；江湖医生；冒充内行的人；骗子

参考例句：

• He describes himself as a doctor,but I feel he is a quack.他自称是医生，可是我感觉他是个江湖骗子。
• The quack was stormed with questions.江湖骗子受到了猛烈的质问。

18 rambling   

adj.[建]凌乱的，杂乱的

参考例句：

• We spent the summer rambling in Ireland. 我们花了一个夏天漫游爱尔兰。
• It was easy to get lost in the rambling house. 在布局凌乱的大房子里容易迷路。

19 advertising   

n.广告业；广告活动 a.广告的；广告业务的

参考例句：

• Can you give me any advice on getting into advertising? 你能指点我如何涉足广告业吗?
• The advertising campaign is aimed primarily at young people. 这个广告宣传运动主要是针对年轻人的。

20 solicit   

vi.勾引；乞求；vt.请求，乞求；招揽(生意)

参考例句：

• Beggars are not allowed to solicit in public places.乞丐不得在公共场所乞讨。
• We should often solicit opinions from the masses.我们应该经常征求群众意见。

21 literally   

adv.照字面意义，逐字地；确实

参考例句：

• He translated the passage literally.他逐字逐句地翻译这段文字。
• Sometimes she would not sit down till she was literally faint.有时候，她不走到真正要昏厥了，决不肯坐下来。

22 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。