Doomed after newspaper guidance

I was reading a newspaper column in which a lawyer offered advice on land disputes. The situation was very similar to mine, so I decided to follow the guidance. Later, when I went to Court, the magistrate dismissed my case. I waited outside the courtroom and showed the Magistrate the newspaper column, but she informed me that the advice wasn’t binding and that I should have consulted a lawyer directly. I feel quite misled by this. Is there any way I can hold the newspaper or the lawyer accountable for what happened? Please help me, I lost my land because of this.

OP, Kagera

We are sorry to hear that you lost your case. Unfortunately, some readers assume that legal advice published in newspapers or online columns is equivalent to professional counsel. However, under Tanzanian law, particularly the Advocates Act, Cap 341 [R.E. 2023], a lawyer-client relationship only forms when an individual formally engages an advocate to act on their behalf. According to section 2, a client includes any person who has power, expressed or implied, to retain or employ, and retains or employs or is about to retain or employ, an advocate.

Further, the Law of Contract Act, Cap 345 [R.E. 2023] requires that obligations arise from agreements, and reading a column does not constitute an agreement. General advice published in a column is regarded as educational and informational, not tailored to specific circumstances. The Courts have consistently emphasised that reliance on general legal advice does not establish liability unless there is evidence of fraud or deliberate misrepresentation. Therefore, while legal publications may raise ethical concerns, they rarely give rise to enforceable claims against the lawyer or publisher. Furthermore, it is standard practice to include a disclaimer informing readers that the publication provides only general advice and does not constitute professional engagement.

The lesson here is straightforward: newspaper advice is a starting point, not a substitute for personalised legal consultation with a lawyer. If you have a dispute, always seek direct representation from your lawyer. Think of it as reading a medical column for awareness, but you wouldn’t undergo surgery based exclusively on a newspaper article. Having said that, we do not know the specific facts relevant to your case. Nevertheless, maybe not all is lost, and you may want to consider appealing after a lawyer reviews your case. Consult your lawyer for further guidance.