Legal Advice v. Legal InformationCheryl HowellInstitute of GovernmentApril 2004Can Court Personnel:•Provide forms and copies of local rules or policies to litigants/defendants?•Help a litigant/defendant fill out a form?•Help a litigant/defendant determine the status of their case?•Refer a person to a well-respected lawyer?Principles for Court Personnel•Court personnel should provide courteous and professional customer service to all•Should explain court processes and procedures to all interested persons•Should assist litigants and potential litigants in bringing their cases before the courtPrinciples for Court Personnel•Court personnel should not provide “legal advice”•Because you might be wrong•Because all court personnel must be and appear to be neutral•Because all court personnel must be and appear to be impartialAdvice v. Information•Information: “factual data”•Advice: “an opinion or recommendation offered as a guide to action or conduct”–Random House Dictionary of the English LanguageGreacen’s Guidelines•“No Legal Advice from Court Personnel. What Does That Mean?” 34 No. 1 Judges J.10, Winter 1995•“Legal Information vs. Legal Advice. Developments During the Last Five Years.” 84 No. 4 Judicature198, Jan-Feb 2001Greacen’s Guidelines•Court personnel should provide info in court files and reports•Should answer questions re: rules, practices and procedures –“Can I?” “How do I?”•Should provide forms or example pleadings•Should answer questions about completing formsGreacen’s Guidelines•Court personnel should explain the meaning of terms and documents•Should answer questions about deadlines and due dates•Should provide general referralsGreacen’s Guidelines•Court personnel should not give information when unsure of the correct answer–Refer to another staff member or supervisor•Should not advise whether to take a particular course of action –“Should I?”•Should not give opinionsGreacen’s Guidelines•Court personnel should not take sides in any case•Should not provide info to one party that you would not provide to another•Should not disclose the outcome of a case before it is public record•Should not give specific referralsCan court personnel?•Provide forms and copies of local rules?–Yes –as long as he/she does not recommend a specific course of action•Help a litigant/defendant fill out the form?–Yes –as long assistance is limited to providing general instructions, defining legal terms, and explaining court processesCan court personnel:•Help a litigant/defendant determine the status of their case?–Yes. And can explain next steps required by local rules or court practice•Refer a person to a well-respected lawyer?–No. Refer to referral service or phone book