3. Today’s Goals
• Achieve a better understanding of what is
“information” and what is “advice”
• Learn some helpful hints for recognizing when
a customer is seeking information or advice
• Discuss how to handle difficult situations
using “real life” experiences
6. What is “Legal Advice”
Definition by the Arizona Supreme Court Task
Force on Legal Information:
An oral or written statement that:
1) Interprets some aspect of the law, court
rules or court procedures or recommends a
specific course of conduct a person should
take in an actual or potential legal proceeding;
7. What is “Legal Advice” Continued
2) Applies the law to the individual person’s
specific factual circumstances; or
3) Requires the person giving advice to have
knowledge of the law and legal principles
beyond familiarity with court requirements
and procedures.
8. Things We Can Do
– Explain and answer general questions about the
way the court works
– Give general information about court rules,
procedures and practices
– Provide telephone numbers for lawyer referral,
legal aid, etc.
– Provide information about court schedules
– Give information about a case file that isn’t
restricted
9. More Things We Can Do
– Provide court forms and instructions
– Answer questions about deadlines (usually)
– Give procedural explanations
– Explain legal terms
– Explain options – but be careful!
– Cite statutes, rules and ordinances
10. Things We Can’t Do
– Tell someone whether they should file a case or
recommend one procedure over another
– Tell someone what words to use in paperwork or
whether the words used are correct
– Tell someone what to say in court
– State our opinion on what will happen in court or
what course of action will be best for that person
– Conduct legal research
11. More Things We Can’t Do
– Allow the litigant to talk to the judge ex parte or
talk to the judge on the litigant’s behalf
– Alter court documents
– Reveal restricted information about court
operations
– Interpret statutes, rules, codes, etc.
– Reveal confidential case information
– Conduct research
– Give specific referrals
12. Helpful Hints – Answers to These
Questions are Probably Legal Advice
• “Should” questions:
– “What should I do?”
– “What kind of case should I file?”
– “Who should I sue?”
• “Would” questions:
– “If you were in my shoes, what would you do?”
– “What would the judge do if I do _____?”
13. Helpful Hints – Answers to These
Questions are Probably Information
• “How” questions
– “How do I get a hearing date?”
– “How many copies do I need?”
– “How much does it cost to file?”
– “How do I get my filing fees waived?"
14. Caveats…
• Some “should” questions can be rephrased to
“how” and are informational
• Some “how” questions are really “should”
questions
• Some “how” questions ask for confidential
information
15. The Key Question…
Will answering this question violate my duties to
remain neutral and impartial or my duty to
keep certain information confidential?
17. Tips
• Take the “legalese” out of forms and
instructions
• Make lists of legal and general resources that
can be given to customers
• Create flow charts for the most common court
processes
• Have copies of commonly used statutes ready
to give to customers
18. Resources
• Arizona Supreme Court, Task Force on Legal Advice – Legal Information, Guide to
Court Customer Assistance, Question and Response Handbook, Glossary of
Common Terms, and signage, available at http://supreme.state.az.us/courtserv
• Various pro se guides produced by the Arizona Supreme Court (appeals from
justice or municipal court to superior court, worker’s compensation appeals,
appeals to the appellate courts), available at
http://www.supreme.state.az.us/appellateguide.htm
• John M. Greacen, Legal Information vs. Legal Advice – Developments during the
last five years, American Judicature Society, available at
http://www.ajs.org/prose/pro_greacen.asp
• John M. Greacen, “Clerk’s Office Staff Cannot Give Legal Advice” What Does That
Mean?, The Court Manager, Vol. 10, No. 1 (Winter 1995), p. 35, available at
http://www.nacmnet.org/top_10_court_manager_articles.html
Editor's Notes
Intro to class
--why I like this topic – help people get through system as easily as possible, with best experience possible
--my background – majority of career in family court in las vegas
--worked for 2 judges, created SHC, why came to AZ (nationally known court system, opportunity to help on a different level)
--Still deal with info v advice issues every day – especially pro se prisoners
Small group – want this to be informal and very interactive
Play devil’s advocate – if we are supposed to help the customer, why cant we give legal advice if we know the answer?
Have to stay impartial and neutral. What’s the difference? Neutral = don’t recommend course of action; impartial = treat everyone the same
Get people to give definitions – look for 1) interpreting law; 2) applying to personal situation; 3) goes beyond knowing court policies and procedures
So what does this mean? Apply facts to the law to get the answer = advice; also, if it’s something go to law school to learn how to do = advice
--General questions – can do procedural information – how do I file a case – fill out form, file, serve, set hearing, etc Or - how long will it take to dos ____(get a hearing, get a divorce)
--
Fill in forms verbatim – write “dictated by court customer, written verbatim by court personnel” followed by your name or initials and why assistance was necessary - tell my true story of blind woman and illiterate friend
Fill in forms verbatim – write “dictated by court customer, written verbatim by court personnel” followed by your name or initials and why assistance was necessary - tell my true story of blind woman and illiterate friend
--legal terms – talk about glossary, Blacks – explaining the definition is ok; applying to the situation is not – do hypothetical here – child abuse
--explain options – hypothetical: what choices does someone have when they get a ticket (pay, hearing, etc) – want to watch 1) there may be other options that we don’t know about that may apply; 2) words, tone and body language indicating which option is better
--cite rules – Special action 7b statement
Each of these violates duty of neutrality and/or impartiality and/or duty to keep confidential information
--Whether to file a case – or what type of case to file – or recommend a procedure
Add to the list – give restricted information – either in the case or how the court operates
--ex parte for administrative issues is ok
Should I make copies of documents before I come to court?
2) Example - How do I fill out this form to win my case?
3) Example – How do I make sure that Judge X is not assigned to my case?
ASK: Does anyone have other suggestions for telling when a question is asking for advice or information?
Will answering the question give an unfair advantage to that party?
Save at least 20 minutes for class scenarios! Ask them for scenarios. Save 3 minutes at end to talk about tips and resources and to complete evals. Back up scenarios
1) Checking form – Did I do it right? – check for completeness but not content
2) Filling in form – what goes on this line? “your name”
What is evidence? – give definition
I’m going to court tomorrow. What do I do? (procedural – probably info) What do I say? (advice) What do I bring? (can be either depending on what is asked – bring order to be signed in court v. what to show to win the case) What happens – do I get to bring witnesses? (procedural)
I was drunk but was sleeping it off in the front seat of my car with the engine off. Am I guilty of a DUI?
6) I need a good attorney
7) I need to go to court right away. How do I do that? (procedural)
8) I need to see the judge right away. How do I do that? (what is the real question – ex parte or how to get an expedited hearing?)
Also – ask a lawyer program – may not have big enough bar to support one
