Legal Advice v. Legal Information
Cheryl Howell Institute of Government April 2004
Can 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 court
Principles 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 impartial
Advice v. Information
• Information: “factual data” • Advice: “an opinion or recommendation offered as a guide to action or conduct”
– Random House Dictionary of the English Language
Greacen’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 Judicature 198, Jan-Feb 2001
Greacen’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 forms
Greacen’s Guidelines
• Court personnel should explain the meaning of terms and documents • Should answer questions about deadlines and due dates • Should provide general referrals
Greacen’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 opinions
Greacen’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 referrals
Can 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 processes
Can 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