legal advice essay sample

How To Write A Legal Advice Essay

As a law student you may be required to produce a legal advice essay. Whilst like any good, well structured essay your work should have an introduction, body and conclusion, a legal advice essay has a slightly different purpose than for example, a compare and contrast, or critical review essay. It is important to remember that the core aim of a legal advice essay is to convey, in precise, plain, and comprehensible English the advice which you need to convey.

The type of language used is also crucial, an effective legal advice does not use archaic language or legalese, because the main purpose is to communicate. However, do not oversimplify the advice being given, particularly if there is a need to deliver very specialised legal advice. In effect, your legal advice essay should say what needs to be said in a clear, coherent way. Technical terms may be unavoidable but should be clearly explained so that the reader understands.

The key word for legal advice essays is clarity. Legal advice and opinions are often developed through assessment of complicated sets of facts. These need to be sorted into specific legal issues and relevant definitions at the planning stage of your essay.

Planning Your Legal Advice Essay

If you plan thoroughly you will naturally have a logical structure. You may wish to state a legal opinion to get across a point, but that point may require breaking down into sections. Before writing your essay therefore, it is important to identify each of these sections (points) so that the opinions stated are justified and explained effectively. Along with clarity, be concise.

Legal advice essays usually come with a series of questions and accompanying documents related to the case being consider. It is important on reviewing the documents to identify the recipient of the advice, from the essay title. For example, a solicitor wishing to give a client advice, or direct to the client. A key point at this stage, if considering advice from the client perspective is whether the case is viable, so that a client is not misled about the potential of success if they are requesting advice on commencing legal proceedings. In other words, pros and cons of a particular action are important in a legal advice essay but there must be clear opinion and advice provided, for example a percentage chance of success.

A subsequent part of the planning process is organisation of facts, and how the advice given will be focused on these. Once the salient facts and evidence have been identified they should be placed in an order (frequently chronological works best in law essays), and a legal framework constructed. With the planning complete, you should be in a position to understand clearly what advice will be provided, why it is provided and the format you are choosing to present the advice, enabling you to write your advice essay.

Writing your legal advice essay

Introduction.

Your introduction should be clear, concise, and set out the main facts of the case, and the reasons for the need for advice to be given. The introduction should also contain an overview of the advice that will be provided, in a concise (one or two sentences), and the legal framework that will be used.

As with all essays, the body text should be separated into one paragraph per point / fact, using the logical structure set out in your plan, which incorporates all the points and facts needed to be made. Each paragraph should have a note of the point or fact, the legal framework (where appropriate) and the opinion of the writer on the facts, along with a rationale and justification for the advice given. These should be backed up with appropriately cited references that are listed at the end of the essay.

Important Note:  In all law advice works, whether essay or other reports, there are some structural rules that need to be followed to provide consistency across all legal papers. For example, liability comes before quantum and if there are multiple dependents, each one’s liability should be covered before moving to quantum.

Throughout a legal advice essay note that unless specifically required in the essay title, basic principles of law do not need to be stated. It is here that recognition of the audience for the essay is important, although where an opinion is based on a specific case then the basis of that case’s judgement would need to be included in your justification and rationale. Similar rules apply in relation to quote statute – unless there is statutory provision which deals directly with the subject of the essay there is no need to quote statute as part of the legal opinion.

Furthermore, the validity of legal argument and thus advice in law comes from the source and precedent, not from opinion. Source in law refers to who made the statement or judgement not simply what was said.  In law there are two main authorities – binding and unbinding authorities.  The first emanates from case law or legislation, whilst the second comes from Public Policy, Legal commentary, Dissenting judgements, Reform Proposals, and International Law.  A perfect law advice essay will benefit from using binding and non-binding (or persuasive authorities) as sources, provided they are justifiable and can be defended in the final opinion/advice.

Conclusion “Next Steps”

Other essay formats will normally end with a conclusion. However, a legal advice essay should end with a “next steps” paragraph which means essentially a “call to action”. In other words, instructing the reader of what should be done next to ensure the advice given leads to legal success.

So, for a legal advice essay remember: Plan, Structure, Clarity, Conciseness, and Justification of opinion are the key components for success.  To help you achieve the perfect law advice essay here are some key phrases that can help you achieve cohesion and academic excellence.

Key phrases for the introduction and body text

• This question deals with …
• The principal issue raised by this question …
• The main issue is whether…
• The issues to be considered are …
• The problem also raises the issue of
• On the facts presented, it can be argued that …
• It would seem, (therefore), that …
• It is possible that …
• It could be argued that …
• It would appear that…

Key phrases for the conclusion

• From the evidence examined, it is my advice that…
• It is therefore recommended that…
• Based on the facts presented and their evaluation, the best course of action is to …

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How to write a legal advice essay: step-by-step guide, how to write a legal advice essay.

Writing a legal advice essay can be a challenging task, but with the right approach, it can also be an incredibly rewarding experience. In this blog post, we will provide you with some valuable tips and insights to help you craft a compelling and effective legal advice essay.

Understanding Basics

Before start writing legal essay, important to have solid of basics. This includes yourself with issue at hand, relevant laws and regulations, and the stakeholders involved. By understanding and of the legal issue, will be better to provide and advice.

Structuring Your Essay

When comes to structuring legal essay, is key. Consider using a clear and logical structure that includes an introduction, a body, and a conclusion. In introduction, provide brief of legal issue and the of your essay. The body should contain your analysis of the legal issue, supported by relevant case studies, statutes, and legal precedents. Finally, conclusion should your findings and recommendations.

Sample Structure for Legal Essay

Research and citations.

When writing a legal advice essay, it`s crucial to conduct thorough research and cite reliable sources. This may include legal journals, case law, statutes, and academic articles. By well-researched and sources into essay, will enhance credibility and of your arguments.

Personal Reflections

As you delve into the process of writing a legal advice essay, take the time to reflect on your own insights and perspectives. Consider how the legal issue at hand resonates with you personally, and share your own thoughts and experiences in relation to the topic. By infusing your essay with a touch of personal reflection, you can add depth and authenticity to your writing.

Writing a legal advice essay requires careful thought, thorough research, and a structured approach. By the basics, structuring essay effectively, comprehensive research, and personal reflections, can craft and legal essay that stands out. Remember to always strive for clarity, coherence, and professionalism in your writing, and you will be well on your way to delivering valuable legal advice through your essay.

Legal Contract for Writing a Legal Advice Essay

This legal contract (“Contract”) is entered into by and between the parties involved in the process of writing a legal advice essay, hereinafter referred to as “Writer” and “Client”.

This including amendments addenda, the agreement between parties with to the hereof, and all and whether or oral. This be in with the of the in which the are performed.

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Practising Law

How to write good legal advice as a junior lawyer.

Who is this guide for?

• Junior lawyers learning how to write legal advices in a commercial law context.
• Experienced lawyers looking for a good starting point to teach their juniors how to write advices.

I recently found a draft advice I wrote as a junior lawyer and it’s really different to how I would write an advice today.

Advice writing is a skill that comes with experience. But there are quite a few things that junior lawyers can do straight away to really stand out in the drafts they present to their supervising colleagues.

In this guide, my goal is to set out the foundational skills and tips for advice writing that is transferable across different practice areas. It covers:

• what the purpose of a good legal advice is;
• the usual process that occurs from the time the client requests the advice to the finalisation of the advice;
• an example advice that new lawyers would prepare (setting out the common areas of improvement); and
• an example advice that experienced lawyers would prepare (setting out the structure and steps for improving the new lawyers’ advice).

The purpose of a good legal advice

A well-written legal advice provides clear and concise guidance to the client on the legal issues at hand and offers practical solutions tailored to the client’s specific needs and circumstances .

The advice should be based on a thorough understanding of the relevant law and regulations, as well as any r elevant facts or documents provided by the client .

It should also take into account the client’s commercial or strategic objectives, and should provide a clear explanation of the risks and benefits associated with different courses of action.

Ultimately, the goal of legal advice is to enable the client to make informed decisions that minimize legal risks and achieve their desired outcomes .

The process of preparing an advice

The process from starting to finalising a draft advice usually looks something like this:

• The firm receives a request for advice from the client.
• You would have a meeting with the client to discuss the request (and clarify the question), timing, obtain background information (including assumptions), understand the outcomes and query how the client is using this advice (e.g. as part of a board paper) to align on format.
• Before starting on your draft, it’s a good idea to ask your supervising colleague whether there’s an example advice that they like. This can help you understand and align the writing style as well as the preferred structure.
• When preparing your draft, it’s a good idea to prepare a skeleton of the advice and your initial thoughts to check with your supervising colleague that you’re heading in the right direction.
• If there are any key assumptions that your advice relies upon, it’s good to check this with the client during the preparation of the advice.
• Once you’ve prepared a first draft, give your supervising colleague time to review. There may be further questions or amendments involved in finalising your first draft.
• Once you and your supervising colleague(s) are happy with the draft advice, this is issued to the client.
• Further discussion / clarification with the client may follow. Sometimes the client may have supplementary questions.
• When you have included any clarifications or supplementary questions in the draft advice, this is finalised and issued to the client.

Example advice newer lawyers might prepare

Let’s say you’re a construction lawyer acting for a homeowner. Your client has currently engaged a builder to build their house. The house itself has been completed and handed over but your client has found defects in the work that the builder has completed (set out in a report that their Superintendent has prepared). The builder is currently completing landscaping works at the property. Your client has asked you for advice on how to get the builder to rectify the defects or otherwise claim against the builder for those defects.

In my early years, I might have prepared an advice that looks something like this:

Areas for improving the legal advice

When we look back at the purpose of a good legal advice we’ve set out above, some of the common issues with this advice are:

• Lack of specificity: The advice is quite generic and doesn’t provide specific details about the defects and deficiencies in the construction work or the legal remedies available. In particular, it doesn’t refer to the report, any specific provisions of the contract, or the commercial context (i.e. that the builder is still being engaged to carry out landscaping work).
• Absence of clear recommendations: The advice mentions several legal options available to the client but doesn’t provide a clear recommendation as to which option is best suited for the client’s specific situation. This could leave the client feeling unsure about what to do next.
• Limited assessment of potential outcomes: The advice briefly touches on the fact that pursuing legal action can be time-consuming and expensive, but it doesn’t delve into the potential outcomes of each option or the likelihood of success for each option. This could leave the client feeling uncertain about the potential risks and benefits of each option.

So how could we make this better?

Tips for drafting a better legal advice

Now with a few years of experience, here’s how I try to approach advice writing (and how this could improve the example advice set out above):

1️⃣ Structure the advice to provide the answer up-front and let the reader ‘unwrap’ the extra info if they keep reading

A general structure would look something like:

🔹 Advice requested

This restates the question that the client has asked. In your initial discussions with the client, you may find that question that they asked you for advice on is actually different than the real question they needed to ask to reflect the facts and get the outcomes that they want.

Whether or not the question has evolved with your discussions with the client, it should be restated so that it’s clear to the reader what is being answered. Especially when the instructing client might pass on the advice to somebody else to read without the benefit of your discussions (e.g. their colleagues).

🔹 Summary and recommendation

This summarises your advice and provides a clear recommendation of what you consider to be the best option. It should set out the steps involved in the recommended option and a concise explanation of why you recommend it.

Sometimes it’s helpful to set out a ‘traffic light’ approach or a table that ranks the various options along with the reasons why.

Numbered headings and signposts (e.g. “Section 1 sets out X, Section 2 sets out Y…) also help with the ‘unwrapping’. It’s also good to signpost the sections further in your advice that sets out the detailed arguments supporting your recommendation (e.g. as set out in Section X below).

Ideally, the client could just pick up this section (along with the ‘advice requested’ section) and have a clear understanding of what they should do – based on your recommendation.

🔹 Background / assumptions

This sets out the background facts, documents you’ve relied on, as well as any assumptions that underpin your advice.

Again, the goal is for somebody to be able to pick up the advice and read it without the benefit of all the discussions that you’ve had, or the involvement in the project that your client has had.

Any assumptions set out in the advice should not come as a surprise to your client. If they are fundamental to your advice, then they should be discussed with your client beforehand. It can be frustrating to receive an advice that contains assumptions which are just wrong and undermines the whole advice you have paid for.

🔹 Detailed arguments in support

This sets out the detailed reasoning behind your option. It could refer to specific sections of the contract, legislation or other material.

Where possible, it’s good to provide extracts to those referenced sections so that the client doesn’t have to flick between documents.

🔹 Conclusion

This section restates the recommendation and the ‘next steps’ that the client can follow, or areas that you can provide further assistance in (e.g. preparing a formal legal claim).

🔹 Schedules / attachments for supporting documentation

Any referenced material in your advice can be set out in schedules or attachments to the advice. If you have prepared any flowcharts, tables etc. for the advice, then they can also be included here.

2️⃣ Provide a recommended course of action, not just a summary of issues and choices

Instead of “from our analysis of the contract, there are three ways you could claim for time and cost relief in the event of a cyclone – please let us know which option you would like to undertake and we can help prepare the claim”.

It would sound more like “in our view, the best avenue for claiming time and cost relief under the contract in the event of a cyclone is [explain Option A]. This would involve [set out the steps] and [presents the best prospects of success while preserving the commercial relationship]. Alternatively, the claim could also be supplemented by [Options B and C] – however these present the following additional risks beyond [Option A]…”

3️⃣ Write the advice as a standalone document so the reader doesn’t need to flick between other documents

This could mean including a definitions section or extracting key parts of the contract / legislation / case law.

4️⃣ Plain English – write like a normal human being

Read the advice out loud. If it sounds weird – or you’re struggling to breathe – rewrite it.

5️⃣ Link to the commercial context

With any contractual regime, regulatory rule or case law principle – tie it back to the commercial problem / client’s situation.

For example: “While the above course of action would result in additional costs for [client], it would provide [up to 8 weeks of] time relief which we understand is the key concern given the size of the liquidated damages that [client] would incur under the contract.”

6️⃣ Not just sentences and paragraphs

These days, I use more diagrams, flowcharts and tables in my advices – esp. for summarising contractual processes.

Example advice that experienced lawyers might prepare

If we take the tips and steps in this guide and apply it to the same situation as before, here’s what you might end up with (as an improvement to the newer lawyer’s advice):

Final thoughts

Hopefully, you’ve picked up some practical tips on writing advices from this guide. Again, as a junior lawyer, there are technical skills and some legal reasoning that you will only pick up through experience.

But if you nail these foundational skills and steps, then you’ll be adding value from day 1 and free yourself to develop those ‘experience-based’ skills instead of just the basics.

Looking for some help with training early career lawyers?

For the past 3 years, I’ve been writing practical how-to guides for junior lawyers and providing training for law firms both large and small. If you’d like to work with me to tailor a training program for your organisation’s learning and development needs, please send me an email at [email protected] .

Finally, if you’re a junior lawyer looking for practical career advice – feel free to browse the other how-to guides on this website and / or sign up for the free newsletter to stay updated.

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'Don't just vomit on the page': how to write a legal essay

Law lecturer Steven Vaughan explains why the best essays take discipline, editing, and teamwork

W hen Steven Vaughan, a senior law lecturer at University College London, asked students to mark a previous fresher’s work , their feedback was brutal. It just about scraped a 2:2. The students were therefore shocked to discover this “really bad essay” was written by Vaughan himself during his time as an Oxford undergrad. The reassuring point Vaughan was trying to make, of course, is that students shouldn’t worry if they are not turning in perfect essays from day one. Like any skill, essay writing requires practice. Here, Vaughan offers his advice:

MJ: How do law essays differ from other subjects?

SV: All essays are about communicating a message to a particular sort of audience, so we are looking for structure, logic, and narrative. It’s the law that makes the difference, though. New students often haven’t studied law before and are not aware of its nuance. Writing a law essay is about digging deep to uncover uncertainty and complexity within the law, and to use this to argue a position.

Students always ask, ‘What should our essays look like?’ I tell them they should be writing like the academic articles we give them to read. Obviously that’s a difficult ask on day one, but those should be a guide.

What are the most common mistakes students make when writing law essays?

There are three common mistakes. The first is students not answering the question we set. This happens for lots of different reasons – either because students are stressed and they misread it, or they don’t understand it. But whatever you do, don’t just vomit on the page. You need to think about what exactly we are asking.

Secondly, don’t write your essay like a murder mystery. I often find I don’t know where an essay is going or what the conclusion is going to be until I get to the very end. The most common thing I write in capital letters is, ‘What’s your argument? What are you saying?’

The third common mistake is an argument lacking authority. Students will often put forward propositions that are intelligent and well reasoned but don’t connect back to the law. What’s the bit of statute, case law or legal academic that you are using to evidence the claim that you are making?

What’s the best way to start a law essay?

Often introductions are long and rambling. If you can set the right tone at the beginning, it makes all the difference. I tell my students to do three things in their introductions. First, give it a context: frame the issue for the reader and for the question. Then set out your argument. And then do some signposting: tell me what is going to happen over the next three paragraphs or the next three pages.

What’s the best way to approach research?

Students don’t ask us enough for guidance on how to direct their reading. The reading list is almost always split into two parts – the required reading section and the further reading section. The required reading is stuff we just expect you to know, it’s a given. Additional reading is for when you have time, these are things you should explore.

Law students always complain about how much work they have to do. But what they don’t do is form study groups to help each other prep. One of my first-year messages is that law isn’t The Hunger Games. There is no reason why you can’t all do well. So why don’t you share the reading between you?

What really impresses me is when students divvy up the additional reading, when students create Facebook or WhatsApp groups and share knowledge among themselves.

How do you best manage your time?

My advice is always do as I say, not as I did. I was a student who was awake all night, cramming for exams and finishing my essay at 6am for a tutorial at 9am. The better advice is to try and treat your law degree like a job. So think about working 8-4 or 9-5. You shouldn’t be working in the early hours of the morning or at the weekend. That requires quite a bit of discipline. Have a timetable that you stick to.

When you think you have finished a piece, physically walk away from it, get some fresh air, go to the gym – whatever it is you do. It’s only when you come back to it later that you will notice all the imperfections and mistakes.

You have also got to build in time for getting feedback from other people, whether it’s friends, family or other law students. Give it to someone who is going to be brutally honest.

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Legal Advice on a Felony. Criminal Law Essay

In the light of the case of Mr. Robert Crook who has admitted that he has committed a felony, I hereby give legal advice to the assailant based on the criminal laws on felonies. To start with, it is important to review the crime that Mr. Robert Crook has committed. Robert Crook is worried that he might be arrested for an armed robbery which he was involved in at a gas station recently. Mr. Crook is an addicted gambler who is jobless and owes very many people a lot of money. His desperation led him to acquire a BB gun which he used to raid a gas station located just outside his house. He claims that the attendant at the gas station managed to identify him since he had not put on a mask. The police officers were informed of the incident and they have started looking for him. They have even raided his apartment where they found his teenage nephew. The following is a detailed description of what will happen to Mr. Crook after he is should he be arrested for the crime that he committed.

To start with, if the police are already looking for him, it means that a complaint has been filed against him because this is usually the start of any felony case. This is the main accusation document and it is filed by the complaining witness and signed at the prosecutor’s office (Michel, 1995). After the filing of this document a warrant of arrest is issued. The warrant commands the person who has omitted the crime, legally known as the defendant to appear before the jury on a certain day. The time of appearance also indicated. There is another way where the defendant is arrested and arraigned before the jury using the warrant of arrest (Garner, 1997). This means that the warrant of arrest gives power to the law enforcement officers to arrest the criminal and bring him before the judges. This is why the policemen had raided the house of Mr. Crook because the arrest warrant had already commissioned them to do so. For the arrest warrant to be issued, there must be enough evidence that is incriminating the person in question, or there must be information stating that the person in question might help with investigations.

After the defendant is arrested, what follows is the initial appearance before the magistrate. This initial appearance is presided over by a magistrate judge and this is the session where the defendant is made aware of the charges that have been made against him and the highest possible penalties that could be imposed if at all he or she is found to have been on the wrong (Gerven, 2001). Their constitutional rights regarding the case are also stated during this session. It is also during this session where the defendant is asked to provide a lawyer or attorney for legal representation and if they cannot afford the attorney fee, a state attorney is appointed to offer the legal representation. Finally the magistrate makes a decision whether the defendant will be bonded or be kept in custody pending the next hearing.

After this, there is the preliminary hearing and in this session, the witnesses that are supposed to give evidence for or against the defendant are produced by the prosecutors. More evidence to establish the genesis of the crime and the nature of the crime is also brought before the court. If the evidence produced before the court is not sufficient enough to incriminate the defendant, then the magistrate is obligated by the law to terminate the lawsuit by dismissing the charges leveled against the defendant. In this case, the magistrate is not supposed to weight defenses from the assailant against the prosecutor’s evidence because comparative evidence is supposed to be analyzed or debated upon during the actual trial. (Noyes, 2007). If the evidence that the prosecutors have brought before the court is sufficient, the magistrates gives directions that the defendant be brought before the district court where they are supposed to plead guilty or not guilty for the charges that have been leveled against them. The magistrate’s signs a document called the commitment finding that indicates that there is enough evidence to try the defendant. The attorney that is leading the prosecutions then files a document known as the information and submits it at the district court (Lunney, 2003). The preliminary hearing and the grand hearing are almost the same but they differ in the number of jurors that are supposed to decide. This is because; the preliminary phase is conducted by one magistrate while the grand jury hearing usually has more than ten jurors that are supposed to make the decision.

The next step in a case of felony like the one Mr. Crook is facing is the appearance before the district court. This cannot take place before the filing of the indictment. The appearance in the district court is formally known as an arraignment. In this session, if at all the criminal will confess that he or she committed the crime, the case is usually set for the sentence hearing but if they refuse to confess, the case is taken to another session that is legally known as the Pre- trial conference.

The next step, in the case if at all Mr. Crook will not plead guilty is the pre- trial conference. This is the session that draws all the parties involved together so that a resolution of the case at hand can be reached. This session involves a practice called plea bargaining and if there is an agreement reached between the prosecutors and the defendant, then the defendant confesses of the crimes but in case there is lack of resolution at the pre- trial conference, then the court is obliged to set a new day for another trial.

The other step is the trial. The most common trial for a felony case is called a jury trial and the number of Jurors that preside over this trial range from ten to twelve. However, there are exceptional instances where the parties can make an agreement that the number of jurors be reduced or they can even decide to have the trial conducted by one judge rather than bench of jurors. This is especially because a bench of jurors takes a very long time to conduct the trial as opposed to a single judge. It is also very expensive to use a jury than a judge.

After the trial, the next step is the sentencing. This is the final phase of the regular hearings that are conducted before a court. At the sentencing, the criminals or the defendants have a constitutional right to address the court and this right is usually made aware to them during the initial hearing. In the sentencing session, the prosecution recommends to the court the nature and the length of sentence that the defendant ought to be given, and the defendant is also allowed to respond to the recommendations of the prosecution. In this session, both the accusing and the defending witnesses are called again to give their evidence and also react to the recommendations of the prosecution regarding the sentencing. The court is left with the obligation of deciding the length of the sentence and the fine that will be imposed. The discussion of the damages that the plaintiff is supposed to pay the victims is also discussed at this stage especially if it is found out that the defendant is not guilty. However, for the case of Mr. Crook, it might not come to this stage if he confesses early that he is guilty.

After the sentencing, there are two things that take place. The defendant may be forced to serve a certain period of time in jail, or they can be put on probation. When one is put is probation, the requirements for a full sentence are usually suspended but one is required to do some particular things to compensate for the suspension of the imprisonment. These things include community service, social restrictions and even restriction of movement.

There is also the retention of jurisdiction especially in cases that involve felony where the court sends the defendant to the institutions of correction but in this case, the ability to give probation is not given to the prison systems; it remains with the district court. This option is in the legal circles colloquially referred to as a rider or formally called retained jurisdiction. The retention of the jurisdiction by the judge that makes the sentence can only extend for a period of six months after the defendant has been put in the state correction systems (Sheppard 2007). The purpose of this period is to enable the correction systems to make an evaluation of the defendant’s ability to comply with the probation regulations. After the evaluation, a decision is made whether to send the assailant on probation or to keep them in the correction systems.

The advice I would give to Mr. Robert Crook is to turn himself in since the warrant of arrest has been issued. He will be taken through the initial hearing and during the next hearing before the magistrate he should plead guilty to his crime because the evidence against him is quite overwhelming and there is no evidence to his defense. Pleading guilty early is such a case will work to his advantage because there he will be able to appeal to be considered as a first offended which may reduce the severity of the sentence that the court will impose (Gargarin, 1999). It will also lessen the amount of money he would have to spend on the attorneys if the case lengthens because of his refusal to plead. Finally, since this is a case of violent crime where a gun or its symbolism was involved, it is highly unlikely that Mr. Robert Crook will be put on probation and he will have to serve the full sentence given by the judge.

Gagarin, M. (1999). Early Law . Berkeley: University of California Press

Garner, Richard. (1997). Law and Society . London: Palgrave Macmillan.

Gerven, V. et al. (2001). Cases, Materials and Text on National, Supranational and International Law . Oxford: Hart Publishing. 2001.

Lunney, M. (2003). Tort Law – Texts, Cases New York: Oxford University Press

Michel, F. (1995). Discipline and Punish: the Birth of the Prison . New York: Random House.

Noyes, E. J. Et Al. (2007). International Law Stories : Washington: Foundation Press.

Sheppard, A. (2007). Modern Law .New Jersey: Alley & Bacon.

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IvyPanda. (2022, March 15). Legal Advice on a Felony. Criminal Law. https://ivypanda.com/essays/legal-advice-on-a-felony-criminal-law/

"Legal Advice on a Felony. Criminal Law." IvyPanda , 15 Mar. 2022, ivypanda.com/essays/legal-advice-on-a-felony-criminal-law/.

IvyPanda . (2022) 'Legal Advice on a Felony. Criminal Law'. 15 March.

IvyPanda . 2022. "Legal Advice on a Felony. Criminal Law." March 15, 2022. https://ivypanda.com/essays/legal-advice-on-a-felony-criminal-law/.

1. IvyPanda . "Legal Advice on a Felony. Criminal Law." March 15, 2022. https://ivypanda.com/essays/legal-advice-on-a-felony-criminal-law/.

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IvyPanda . "Legal Advice on a Felony. Criminal Law." March 15, 2022. https://ivypanda.com/essays/legal-advice-on-a-felony-criminal-law/.

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Legal Advice in Various Cases - Essay Example

• Subject: Law
• Type: Essay
• Level: Undergraduate
• Pages: 7 (1750 words)
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Analysis of freds situation in law, principal powers available to courts in england and wales, medical and religious ethics, evaluating the legal implications arising in the united kingdom, the legal issue arising in regards to contracts at common law, engineering ethics: whistleblowing, advice anna and julian.

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Legal Advice, Essay Example

Pages: 5

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Describe the company

Conrad-Johnson is a company that is involved in manufacture of high end audio electronics. They are located in Fairfax Virginia. The company was established in 1977 by Dr. William Conrad and Dr. Lewis Johnson. The first product that the company ever produced was the vacuum tube preamplifier, which is also referred to as the PV-1.  After its inception, the PV-1 was considered to be a highly advanced product that was the foundation of the rise to success of Conrad-Johnson.

Based on the historical accomplishments of the company, there are indications that Conrad-Johnson is a company that ensures it develops and designs revolutionary audio products that ensure that they are not one, but two steps ahead of their competitors. Their products have gone on to gain wide acclaim and are considered to be among the top audio products on a global scale. (Conrad Johnson design Inc, n.d.)

The design philosophy of the company is based on developing a mono stand out function of any given stereo system, with the use of modest and advanced equipment. The company intends to allow listeners to be captivated by the emotional experience form each and every musical performance. The audio products are designed in ensuring that the listeners can get a recreation of the feeling that can resemble one that can be felt at a live performance, without creating any interference to the enjoyment of the music. This aspect is developed from a genuine love of music.

The major initiative(s) they have planned for the next 5 years

The latest development of products by Conrad-Johnson will be designed on providing a redefined feeling of home entertainment for listeners. The latest products are developed along the line of making the audio experience feeling much more realistic as well as simple. This is evident in the development of their new product HD3. It is not a new direction by the company, but it is a long term ideology that is based on making the audio experience much simpler for listeners.

The HD3 is one of the new products that are designed on the basis of making it easier for listeners to connect their music servers to their home audio system. The genera ideology that Conrad-Johnson is adopting is creating products that will make it easier for listeners to connect their music storage devices and ensure that the listeners get to enjoy their music in the most convenient setting based on their preferences (Conrad Johnson design inc, n.d.). It is in this nature that the ideology will serve to benefit Conrad-Johnson in the long run in terms of sales in products and even the general increase in the company’s market volume.

This can be considered to a new development in the home experience, which can be attributed to the fact that with the HD3, the company is establishing a new measure in home entertainment in which music storage devices can be interlinked with home audio systems and create a feeling that is in line with the company design ideologies and philosophies. This is an aspect that the company intends to develop in the coming years as it will serve as an evolution of the audio experience.

  Determine which elements of administrative law will be most relevant to the upcoming initiative (s) and what the impact of those laws will be

As far as law is concerned, there a number of elements that will apply in the development of the company’s new products. The most obvious will regard copyright infringement. This element is based on the matter of a company developing products that are similar or resemble another company’s products that are considered to be legally based on one company’s ideology and cannot be replicated by any other company. In this case it is essential that for Conrad-Johnson to ensure success of the products, they must be based on product ideas that are used by any other company that legally belong to the related company. In the vice versa concept, it will be ideal for the company to develop the products and legally make them their own ideas that can be duplicated by any other company. This legal measure will allow the Conrad-Johnson to be the sole developer of the version of the products that will allow the company to monopolize the market and record high revenue. (Gordley, 2006)

Discuss applicable sales, licensing, and e-Commerce laws the company will need to take into consideration during their initiative(s)

If that ideology is followed, the aspect of extortion can arise as a legal case. In this case the company may charge prices of their products too high and thus the listeners will have to pay too much for the product. In this case there may be an intervention by the state that will force or establish a price ceiling for the company products. In order to avoid such a development or problem, the company can carry out market research based on the ideal price for the products that will ensure that the company receives a good amount of revenue from the products and ensure that the listeners or market is satisfied.

Another possible development from the high prices might be the aspect of discrimination. This legal matter is based on setting the price in a manner that the product can only be available to a limited number of individuals or even the sale of the products can be done in specific locations and not in others. Such a case can cause lawsuits that will in turn direly affect the reputation of the company. The best solutions to counter this probable problem can be to develop cheaper products that may serve the same purpose for those with a limited budget or lower the price of the products so that they are affordable to the broad market and thus it will be ideal for the market. (Luban, 2001)

There are other cases that may be based on the elements of privacy protection, product liability, and intellectual property rights, these aspects should be addressed so as to allow the company to avoid any negative effects of the company’s reputation. In the case of product liability, it is essential that the products are marked with labels that illustrate that the product is on high quality, based on the review of the product by the standard company in Virginia. This will allow the company to ensure that the product is not liable and is guaranteed to perform as required. Another measure is establishing a warranty on each product. Duration of a year or two will be ideal for the company; and should any default; customers can return them for a replacement. (Hazard, 2004)

Makes recommendations for the company to minimize the threat of lawsuits relating to privacy protection, product liability, or intellectual property rights

Regarding intellectual property rights, it is important for Conrad-Johnson to establish or ensure that there are labels on the products that will reveal that the owner of buyer of the product will be liable in terms of damage and the manner in which they use the product (such as playing the music too loud). This will remove the factor of the company being liable for misuse of the property. The labels will serve to indicate that company will not be liable for the misuse or the manner in which the buyer will use the product. This will indicate that the owner of the product (buyer) was aware of the implications of buying the product.

Conrad Johnson design, Inc (n.d.) The Conrad-Johnson Story, retrieved from: http://www.conradjohnson.com/It_just_sounds_right/index.html

Gordley, James R, von Mehren, Arthur Taylor (2006)  An Introduction to the Comparative Study of Private Law , Cambridge, Cambridge University Press, United Kingdom

Hazard, Geoffrey. C, Dondi, Angelo (2004)  Legal Ethics . Stanford University Press, USA

Luban, David (2001) “Law’s Blindfold”:  Conflict of Interest in the Professions . Oxford University Press, United Kingdom

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AI hustlers stole women’s faces to put in ads. The law can’t help them.

Artificial intelligence is spurring a new type of identity theft — with ordinary people finding their faces and words twisted to push often offensive products and ideas.

Michel Janse was on her honeymoon when she found out she had been cloned.

The 27-year-old content creator was with her husband in a rented cabin in snowy Maine when messages from her followers began trickling in, warning that a YouTube commercial was using her likeness to promote erectile dysfunction supplements.

The commercial showed Janse — a Christian social media influencer who posts about travel, home decor and wedding planning — in her real bedroom, wearing her real clothes but describing a nonexistent partner with sexual health problems.

“Michael spent years having a lot of difficulty maintaining an erection and having a very small member,” her doppelgänger says in the ad.

Scammers appeared to have stolen and manipulated her most popular video — an emotional account of her earlier divorce — probably using a new wave of artificial intelligence tools that make it easier to create realistic deepfakes , a catchall term for media altered or created with AI.

With just a few seconds of footage, scammers can now combine video and audio using tools from companies like HeyGen and Eleven Labs to generate a synthetic version of a real person’s voice, swap out the sound on an existing video, and animate the speaker’s lips — making the doctored result more believable.

Because it’s simpler and cheaper to base fake videos on real content, bad actors are scooping up videos on social media that match the demographic of a sales pitch, leading to what experts predict will be an explosion of ads made with stolen identities.

Celebrities like Taylor Swift, Kelly Clarkson, Tom Hanks and YouTube star MrBeast have had their likenesses used in the past six months to hawk deceptive diet supplements, dental plan promotions and iPhone giveaways. But as these tools proliferate, those with a more modest social media presence are facing a similar type of identity theft — finding their faces and words twisted by AI to push often offensive products and ideas.

Online criminals or state-sponsored disinformation programs are essentially “running a small business, where there’s a cost for each attack,” said Lucas Hansen, co-founder of the nonprofit CivAI, which raises awareness about the risks of AI. But given cheap promotional tools, “the volume is going to drastically increase.”

The technology requires just a small sample to work, said Ben Colman, CEO and co-founder of Reality Defender, which helps companies and governments detect deepfakes.

“If audio, video, or images exist publicly — even if just for a handful of seconds — it can be easily cloned, altered, or outright fabricated to make it appear as if something entirely unique happened,” Colman wrote by text.

The videos are difficult to search for and can spread quickly — meaning victims are often unaware their likenesses are being used.

By the time Olga Loiek, a 2o-year-old student at the University of Pennsylvania, discovered she had been cloned for an AI video, nearly 5,000 videos had spread across Chinese social media sites. For some of the videos, scammers used an AI-cloning tool from the company HeyGen, according to a recording of direct messages shared by Loiek with The Washington Post.

In December, Loiek saw a video featuring a girl who looked and sounded exactly like her. It was posted on Little Red Book, China’s version of Instagram, and the clone was speaking Mandarin, a language Loiek does not know.

In one video, Loiek, who was born and raised in Ukraine, saw her clone — named Natasha — stationed in front of an image of the Kremlin, saying “Russia was the best country in the world” and praising President Vladimir Putin. “I felt extremely violated,” Loiek said in an interview. “These are the things that I would obviously never do in my life.”

Representatives from HeyGen and Eleven Labs did not respond to requests for comment.

Efforts to prevent this new kind of identity theft have been slow. Cash-strapped police departments are ill equipped to pay for pricey cybercrime investigations or train dedicated officers, experts said. No federal deepfake law exists, and while more than three dozen state legislatures are pushing ahead on AI bills, proposals governing deepfakes are largely limited to political ads and nonconsensual porn .

University of Virginia professor Danielle Citron, who began warning about deepfakes in 2018, said it’s not surprising that the next frontier of the technology targets women .

While some state civil rights laws restrict the use of a person’s face or likeness for ads, Citron said bringing a case is costly and AI grifters around the globe know how to “play the jurisdictional game.”

Some victims whose social media content has been stolen say they are left feeling helpless with limited recourse.

YouTube said this month it was still working on allowing users to request the removal of AI-generated or other synthetic or altered content that “simulates an identifiable individual, including their face or voice,” a policy the company first promised in November.

In a statement, spokesperson Nate Funkhouser wrote, “We are investing heavily in our ability to detect and remove deepfake scam ads and the bad actors behind them, as we did in this case. Our latest ads policy update allows us to take swifter action to suspend the accounts of the perpetrators.”

Janse’s management company was able to get YouTube to quickly remove the ad.

But for those with fewer resources, tracking down deepfake ads or identifying the culprit can be challenging.

The fake video of Janse led to a website copyrighted by an entity called Vigor Wellness Pulse. The site was created this month and registered to an address in Brazil, according to Groove Digital, a Florida-based marketing tools company that offers free websites and was used to create the landing page.

The page redirects to a lengthy video letter that splices together snippets of hardcore pornography with cheesy stock video footage. The pitch is narrated by an unhappily divorced man who meets a retired urologist turned playboy with a secret fix to erectile dysfunction: Boostaro, a supplement available to purchase in capsule form.

Groove CEO Mike Filsaime said the service prohibits adult content, and it hosted only the landing page, which evaded the company’s detectors because there was no inappropriate content there.

Filsaime, an AI enthusiast and self-described “Michael Jordan of marketing,” suggested that scammers can search social media sites to apply popular videos for their own purposes.

But with fewer than 1,500 likes, the video stolen from Carrie Williams was hardly her most popular.

Last summer, the 46-year-old HR executive from North Carolina got a Facebook message out of the blue. An old friend sent her a screenshot, asking, “Is this you?” The friend warned her it was promoting an erectile enhancement technique.

Williams recognized the screenshot instantly. It was from a TikTok video she had posted giving advice to her teenage son as she faced kidney and liver failure in 2020.

She spent hours scouring the news site where the friend claimed he saw it, but nothing turned up.

Though Williams dropped her search for the ad last year, The Post identified her from a Reddit post about deepfakes. She watched the ad, posted on YouTube, for the first time last week in her hotel room on a work trip.

The 30-second spot, which discusses men’s penis sizes, is grainy and badly edited. “While she may be happy with you, deep down she is definitely in love with the big,” the fake Williams says, with audio taken from a YouTube video of adult film actress Lana Smalls.

After questions from The Post, YouTube suspended the advertiser account tied to the deepfake of Williams. Smalls’s agent did not respond to requests for comment.

Williams was taken aback. Despite the poor quality, it was more explicit than she feared. She worried about her 19-year-old son. “I would just be so mortified if he saw it or his friend saw it,” she said.

“Never in a million years would I have ever, ever thought that anyone would make one of me,” she said. “I’m just some mom from North Carolina living her life.”

Heather Kelly and Samuel Oakford contributed to this report.