Advice of Counsel

An "Advice of Counsel" letter is a legal opinion which afford an “Advice of Counsel” defense to most of the potential legal issues that could arise in the course of the operation of an Erotic Service.

In order to establish an “Advice of Counsel defense to willfully violating the law”, a defendant must establish that: “(1) before taking action, (2) he in good faith sought the advice of an attorney whom he considered competent, (3) for the purpose of securing advice on the lawfulness of his possible future conduct, (4) and made a full and accurate report to his attorney of all material facts which the defendant knew, (5) and acted strictly in accordance with the advice of his attorney who had been given a full report.” Liss v. United States, 915 F.2d 287, 291 (7th Cir.1990).

Additionally, most sentencing guidelines provide for a lesser sentence if a documented attempt at compliance is demonstrated.

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