Such as when the advice would monetarily benefit them personally? If this advice was harmful to the person it was given to, would this be a mal-practice claim?
We attorneys are not very good at giving answers to questions involving innuendo and vagaries. Be clear and be direct. Give us some facts and we will try to help.
In one well known case a potential client called a lawyer to ask about a personal injury claim. The lawyer turned down the case but did not tell the person that a statute of limitations was soon to run. The statute ran out before the caller got to another lawyer. The lawyer who neglected to tell the caller about the statute of limitations was then sued for malpractice and lost. The same principle could apply to other types of bad or mistaken advice given by lawyers who were not formally retained. If a lawyer gives advice and has reason to know it will be relied on, the lawyer has a duty of care. That's why Avvo and the lawyers who answer questions on Avvo make it very clear that the answers to Avvo questions are information about legal issues, not legal advice.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
Much more information needed about the particular facts of your situation to answer the question.
Who gave the "legal advice" to whom? Did the person receiving the "legal advice" know s/he was not the attorney's client at the time the advice was received? Did the attorney giving the advice attach any disclaimer to the advice or suggest the non-client seek other opinions? How was it discovered the "legal advice" given was bad? How is it know the "legal advice" was bad? What advice was given and how do we know it is legal advice? Did the non-client suffer any harm from relying on the advice? If so, what was the harm? Was the non-client's reliance on the advice reasonable under the circumstances? Did the non-client take any steps to mitigate his or her own harm?
There are simply too many unknowns to give you any "legal advice." Oh, and please see my disclaimer.
Follow me on Twitter @joeroselaw. I answer questions on Avvo to try to help get you pointed in the right direction. But, I am not your attorney. Beware, my answers here are general, limited, incomplete, and can never be as complete, thorough, or accurate as one I would give to a client after hearing all of the facts and details of my client's situation and applying the correct law. Also, I am admitted to practice law only in California and all of my answers are intended exclusively for the Golden State.
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