Video Case Study #2 Questions:

Watch this video all the way through.  This scene takes place at a bank.  Barbara is an investment advisor.  She gives Sarah “information” about where to invest money where the income will be tax-free.  Answer the following:

  • Barbara specifically tells Sarah that there are many different choices.  Is that statement legal advice?
  • Then Barbara is clear that the ultimate decision is Sarah’s (i.e., Barbara is not making any choices for her).  If Barbara’s tax advice is UPL, does the fact that Barbara isn’t making choices for Sarah make it not UPL?
  • Is information the same as advice?
  • Understanding this video depends on understanding the “incidental to” rule.  What is the law in Virginia?