此“居士”非彼“居士”,何毕大加讨伐

有段时间没来这个坛子了,回来一看,大家吵做一团,为了个什么法居士的,有人还把其误作那个“草庵居士”。我要说的是,人家不就回了几个贴子嘛,只要不是有意欺骗或误导,信不信在你自己,人家没说自已的回贴一定是正确的、一定会解决问题、或是唯一的解决办法。有些网友更与言论自由和非法执业扯上了,太严重了吧。Everyone has the right to give out his opinion. But First Amendment does not protect unlawful conduct, such as fraud or professional malpractice. First we assume this guy is a lawyer. If you believe in his "opinion" which turns out to be wrong or misleading and you suffer a loss, you may sue him and/or report to the state bar association. Wait a minute, on what basis, fraud and/or malpractice? With respect to fraud, you need to show INTENT. Was he intentional? As to malpractice, you must prove you were his CLIENT and you RELIED on his advice. Do you know each other's identity? Did he hold himself out as a lawyer? Did he charge you anything? How did you rely on him, if you did not know who he was?
If he is not a lawyer, it will be even tougher to hold him liable.



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我跟你说啊, -说来话长- 给 说来话长 发送悄悄话 (119 bytes) () 09/25/2003 postreply 12:36:00

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