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IF A SALESPERSON GIVES LEGAL ADVICE, WHAT FIDUCIARY DUTY HAVE THEY VIOLATED?

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Final answer:

A salesperson giving legal advice violates the fiduciary duty of staying within the scope of expertise, which can mislead or harm the client, akin to the protections offered by the Fifth Amendment that requires police to inform individuals of their rights.

Step-by-step explanation:

If a salesperson gives legal advice, they have potentially violated the fiduciary duty of staying within the scope of their professional expertise. Salespeople are not typically licensed to dispense legal advice and doing so could mislead or harm the client, breaching their duty to act in the client's best interests. In the realm of criminal law, there are clear expectations set for legal professionals, as exemplified in cases like Strickland v. Washington and Padilla v. Kentucky. This relates to the expectations of the Fifth Amendment, which protects individuals from self-incrimination and guarantees the right to counsel. Just as police must inform individuals of their rights, legal professionals must provide competent representation, and salespeople should refrain from actions that constitute the unauthorized practice of law.

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