If you have a legal education and have worked in a business setting, you have undoubtedly noticed that non lawyers invent legal principles at times. As an attorney, I can tell you that nothing is as common as having a business associate or client explain to me a “legal doctrine” supporting their proposed course of action, even though the legal doctrine is completely wrong and has been invented by the person. Obviously, doing this is a great way to annoy lawyers, run up the legal bill, and get oneself into trouble. So why would someone pretend to be a lawyer and create legal fictions like this? Here are three reasons.
Reason one: to fill a void in their knowledge. While it is irritating for me to see someone pretend to be a lawyer, I have noticed that we all pretend to be different things at different times. That is to say, when we have a lack of knowledge on a subject, we try to figure things out on our own. The business person who tries to guess what the law might be on a given subject is not trying to annoy lawyers or run up the legal bill by consuming their time; he or she simply does not have a way of knowing what the law is, and is trying to figure it out. It is still a mistake for nonlawyers to invent legal principles and create legal fictions, but it is understandable that they would do so.
Reason two: ego. Another reason that nonlawyers invent legal principles is because of egotistical overconfidence. For certain successful business people, it is not that they pretend to be a lawyer, but rather that they think being an expert in one area of their lives (i.e., business) means that they are an expert in other areas in which they’ve had no training, as well. I should not pick on business people, because I have also seen academics create legal fictions in this way. It is common, however, for businesspeople to run up the legal bill by creating a situation where their attorneys have to spend time convincing them that their fake legal principles are wrong. This whole process annoys lawyers, as you can imagine.
Reason three: errors by past attorneys. A final reason that nonlawyers invent legal principles is that attorneys they have employed in the past have made mistakes, and they believe that they can do better. Why run up the legal bill paying an attorney for advice if he is just going to get it wrong anyway? So instead they pretend to be a lawyer and create legal fictions of their own. At some point they realize that they actually need counsel, and they then annoy lawyers by explaining the brilliant theories they have created on their own.
As much as it might annoy lawyers, the reality is that nonlawyers invent legal principles all the time, and they base some of their decisions on the legal fictions they create. As attorneys, all we can do is ask anyone else to not pretend to be a lawyer to their detriment. Maybe we should just be grateful for an opportunity to run up the legal bill correcting the misconceptions our clients create for themselves .You can visit at the site https://sonilaw.ca for knowing about the legal practices of the lawyer. The decisions on which the principles are based should be appropriate one.