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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