We received a comment from a member some time ago regarding our website offering what the member described as "legal advice."  Since that time, there have been no further questions or comments on the topic - until now.  While we maintain that the only service we offer is a tool to anonymously discuss your case with other individuals, many topics express personal opinions which some apparently construe as "legal advice."  However, less than 1% of our members question the issue of "legal advice," and the overwhelming majority simply welcome the free opinions of others.  This is viewed no different than if family and friends gathered and discussed their own personal matters with others.  We don't intend to dissuade anyone from hiring an attorney, and in most cases that is the best option by far.  In fact, nearly all of our members end up hiring an attorney, but have used our resources to help them understand their case better.

Recently another unnamed member has done some research on this topic and has brought to our attention that the state of Kansas has no law restricting the what is called "Unauthorized Practice of Law."  Apparently in 2005, the KS Bar Association assembled a committee and presented a proposed rule to the United States Department of Justice.  The US DOJ responded with the following letter: http://www.justice.gov/atr/public/comments/207619.htm

We took note of the following

"The Justice Department and the FTC are entrusted with enforcing the federal antitrust laws.  We work to promote free and unfettered competition in all sectors of the American economy.  The United States Supreme Court has observed that "ultimately competition will produce not only lower prices, but also better goods and services.  'The heart of our national economic policy long has been faith in the value of competition.'"⁽¹⁾  Competition benefits consumers of both traditional manufacturing industries and professional services.⁽²⁾  Restraining competition, in turn, can force consumers to pay increased prices or to accept goods and services of lower quality.    The Justice Department and the FTC are concerned about increasing efforts across the country to prevent non-lawyers from competing with lawyers through the adoption of excessively broad unauthorized practice of law rules and opinions by state courts and legislatures.  In addressing these concerns, the Justice Department and the FTC encourage competition through advocacy letters such as this one and amicus curiae briefs filed with state supreme courts. Through these filings, the Justice Department and the FTC have urged the American Bar Association and the states of Georgia, Kentucky, Indiana, Massachusetts, North Carolina, Rhode Island, Virginia, and West Virginia to reject or narrow such restrictions on competition between lawyers and non-lawyers.⁽³⁾  Separately, the Department of Justice has obtained injunctions prohibiting bar associations from unreasonably restraining competition from non-lawyers, since this conduct violates the antitrust laws.⁽⁴⁾  Our ongoing efforts in this area have led us to submit these comments.^(5)"

This has been posted simply to open the forum to any members who may be able to contribute to the validity of such document.  The member who informed us of this document was unable to find any specific Kansas statues which prevent a non-laywer from practicing law in any way, much less offer questionable opinions which some members construe as "legal advice."  Are there applicable statutes which we're not aware of or maybe governing rules by the Justice Department?