此“居士”非彼“居士”,何畢大加討伐

有段時間沒來這個壇子了,回來一看,大家吵做一團,為了個什麽法居士的,有人還把其誤作那個“草庵居士”。我要說的是,人家不就回了幾個貼子嘛,隻要不是有意欺騙或誤導,信不信在你自己,人家沒說自已的回貼一定是正確的、一定會解決問題、或是唯一的解決辦法。有些網友更與言論自由和非法執業扯上了,太嚴重了吧。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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我跟你說啊, -說來話長- 給 說來話長 發送悄悄話 (119 bytes) () 09/25/2003 postreply 12:36:00

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