What Can I Do to Help You? How to Serve the Public Effectively and Ethically Distinguishing Legal Information from Advice 11/23/2018

What We Will Cover Special Role of the Courts Legal Information v. Advice Rules of Engagement IN PART ONE, WE WILL DISCUSS THE SPECIAL ROLE COURTS PLAY IN OUR SOCIETY, AND THE CRITICAL RESPONSIBILITIES WE, AS COURT EMPLOYEES, MUST FULFILL AND SAFEGUARD TO ENSURE THE COURTS FUNCTION PROPERLY. WE WILL DISCUSS THE DIFFERENCES BETWEEN LEGAL INFORMATION YOU CAN PROVIDE AS A COURT EMPLOYEE, AND LEGAL ADVICE WHICH YOU CANNOT. WE WILL ALSO DISCUSS WHO CAN AND CANNOT PROVIDE LEGAL ADVICE, AND WHY. FINALLY, WE WILL COVER THE “RULES OF ENGAGEMENT” – THE BASIC TENETS OF THE JUDICIARY’S POLICY ON ASSISTING THE PUBLIC THAT SPECIFY WHAT TYPES OF HELP YOU CAN AND CANNOT PROVIDE. IN THIS SECTION WE WILL REVIEW SEVERAL SCENARIOS YOU MAY ENCOUNTER IN YOUR DAY-TO-DAY WORK WITH THE PUBLIC, AND SUGGEST WAYS YOU CAN EFFECTIVELY AND ETHICALLY ASSIST COURT USERS WHO ASK FOR YOUR HELP. MOST OF THOSE RULES FALL INTO THREE AREAS: REFER, INFORM AND ASSIST. 11/23/2018

What do you know? Pre-session assessment activity (HANDOUT) What Can I Do to Help You? Hand out assessment…tell participants you will go over the answers at the end of the rpogram What do you know? Pre-session assessment activity (HANDOUT) 11/23/2018

The More You Know, the Farther You Can Go. . . The more you know about the ethical limitations within which court staff can assist the public, the farther you can go in providing effective, ethical assistance. IN ORDER TO WIN THE PUBLIC’S TRUST AND CONFIDENCE, COURTS MUST DO THEIR WORK IN A WAY THAT IS NEUTRAL AND IMPARTIAL. THERE ARE SPECIAL RULES JUDGES AND MASTERS MUST FOLLOW TO PRESERVE THAT NEUTRALITY 11/23/2018

The Special Role of the Courts YOU ARE THE FACE OF JUSTICE IN OUR STATE. IN THEIR EYES, YOU MAY CONTROL THE KEY TO WHETHER OR NOT THEY FEEL THEY HAVE BEEN FAIRLY TREATED. IF YOU ARE RESPONSIVE AND RESPECTFUL, THEY MAY HAVE MORE TRUST AND CONFIDENCE IN OUR SYSTEM OF LAWS. THEIR EXPERIENCE OF YOU WILL COLOR THEIR ENTIRE PERCEPTION OF JUSTICE IN MARYLAND 11/23/2018

Special Role of the Courts ACTING FAIR AND WITHOUT BIAS DOES NOT MEAN YOU HAVE TO BE COLD OR UNRESPONSIVE. ON THE CONTRARY – YOU CAN AND SHOULD EDUCATE MEMBERS OF THE PUBLIC AS TO WHAT YOU CAN AND CANNOT DO, WHILE TREATING THEM WITH RESPECT AND PROVIDING THEM WITH AS MUCH ASSISTANCE AS YOU CAN WITHIN ETHICAL BOUNDS. WE WILL DISCUSS WAYS YOU CAN RESPOND WHEN PEOLE ASK YOU FOR HELP. WE WILL SHOW YOU WAYS THAT YOU CAN PROVIDE REAL ASSISTANCE, WHILE MAINTAINING A FAIR AND NEUTRAL DEMEANOR. REMEMBER, THAT IF YOU ARE NOT SURE HOW TO RESPOND ETHICALLY, FEEL FREE TO SUGGEST THE PERSON CONSULT WITH AN ATTORNEY, OR SPEAK WITH YOUR SUPERVISOR TO CLARIFY THE BEST WAY FOR YOU TO RESPOND As a court employee you must act as if you ARE the court. You may be the only “face” they see. 11/23/2018

Legal Information v. Legal Advice ASK: Do you know what the difference is? It’s important to know! 11/23/2018

Legal Information General knowledge that, when provided, is the same for anyone who asks. FOR EXAMPLE, SUPPOSE A PERSON COMES TO THE COUNTER WITH A COPY OF A SCHEDULING ORDER TELLING THEM TO COME TO COURT FOR A SETTLEMENT CONFERENCE ON A PARTICULAR DAY. THE PERSON ASKS YOU WHAT THAT IS ALL ABOUT. YOU MAY DEFINE THE TERM “SETTLEMENT CONFERENCE,” LET THE PERSON KNOW WHERE TO REPORT ON THAT DAY AND HOW THE PROCEDURE WILL BE HANDLED. IF APPROPRIATE, YOU MAY TELL THE PERSON THEY CAN OR SHOULD APPEAR WITH THEIR ATTORNEY, IF THEY HAVE ONE. YOU MAY NOT TELL THE PERSON HOW YOU THINK THEIR CASE WILL BE DECIDED OR RESOLVED. YOU MAY NOT TRY TO EVALUATE WHETHER OR NOT THEY WILL OBTAIN WHAT THEY ARE SEEKING IN THE CASE IN LIGHT OF THEIR SITUATION AND THE LAW. . . 11/23/2018

Legal Information Define terms Explain roles Outline procedures, processes Provide forms FOR EXAMPLE, YOU COULD DEFINE A TERM LIKE EXPUNGEMENT, EXPLAIN WHAT ROLE A MASTER PLAYS, DESCRIBE HOW TO FILL OUT A SMALL CLAIMS FORM, DESCRIBE HOW A CASE GETS TO COURT AND GIVE THE CUSTOMER THE FORMS THEY WILL NEED TO COMPLETE SUCH AS A REQUESST FOR A TRANSLATOR, ETC. 11/23/2018

Legal Information Clarify options Refer to programs, resources Direct them to statutes, rules YOU CAN ADVISE WHICH OPTIONS ATRE AVAILABLE AS LONG AS YOU DO NOT TELL THEM WHICH ONE IS BEST, DIRECT THEM A PROGRAM LIKE MEDIATION OR RESOURCES SUCH AS HOTLINES. THEY CAN BE TOLD WHERE TO FIND STATUTES AND RULES AND HOW TO USE THE LAW LIBRARY 11/23/2018

Legal Advice Strategic information or guidance provided by applying the law to the facts. LEGAL ADVICE IS STRATEGIC INFORMATION OR GUIDANCE YOU PROVIDE BY APPLYING THE LAW TO THE FACTS IN A PARTICULAR CASE. THIS IS WHAT LAWYERS DO. FOR EXAMPLE…YOU MAY NOT TELL THE PERSON HOW YOU THINK THEIR CASE WILL BE DECIDED OR RESOLVED. YOU MAY NOT TRY TO EVALUATE WHETHER OR NOT THEY WILL OBTAIN WHAT THEY ARE SEEKING IN THE CASE IN LIGHT OF THEIR SITUATION AND THE LAW. . 11/23/2018

Legal Advice What you should do. . . How a judge may rule based on what you have seen. . . Whether they are entitled to relief. . . SOMETIMES IF A QUESTION BEGINS WITH “SHOULD I…” IT COULD BE A QUESTION ASKING FOR LEGAL ADVICE WHICH CLERKS CANNOT GIVE. LAWYERS SPEND MANY YEARS LEARNING HOW TO FULLY UNDERSTAND STATUTES, JUDICIAL OPINIONS, RULES AND LEGISLATIVE HISTORY TO ENSURE THEY FULLY UNDERSTAND THE LAW AND ALL ITS NUANCES BEFORE APPLYING THE LAW TO THE FACTS IN A SPECIFIC CASE. IT REQUIRES THAT SPECIAL EXPERTISE, AND A VALID STATE LICENSE, IN ORDER TO PROVIDE LEGAL ADVICE YOU MAY NOT TELL THE PERSON HOW YOU THINK THEIR CASE WILL BE DECIDED OR RESOLVED. YOU MAY NOT TRY TO EVALUATE WHETHER OR NOT THEY WILL OBTAIN WHAT THEY ARE SEEKING IN THE CASE IN LIGHT OF THEIR SITUATION AND THE LAW. . 11/23/2018

Legal Advice Whether they are likely to prevail. . . Which lawyer would be best for them . . . Whether they should file a complaint or not. . . THE YOU REPRESENT THE COURT AND MUST THEREFORE UPHOLD THE NEUTRALITY OF THE COURT. YOU MUST TREAT ALL USERS IN A FAIR AND UNBIASED MANNER. IF YOU WERE TO GIVE ONE COURT USER STRATEGIC ADVICE, TELLING THEM WHAT THEY SHOULD DO IN LIGHT OF THE LAW AND THE FACTS, YOU WOULD BE GIVING THEM AN ADVANTAGE OVER THE OTHER PARTY IN THE CASE – A PERSON WHO IS ALSO A COURT USER. 11/23/2018

The WHY Behind It You are not a lawyer – unauthorized practice of law. If you are a lawyer, you may be precluded by the rules from practicing law. Preserving the neutrality of the court. This rationale applies to all court employees, lawyers and non-lawyers alike. Exception for Self-Help providers (normally outside vendors). AGAIN, WE NEED TO STREE THE REASONS WHY YOU CANNOT GIVE LEGAL ADVICE 11/23/2018

LEGAL INFO [ YES ] LEGAL ADVICE [NO] “There are two types of divorce in Maryland. . . “ “If you want to tell the court you do not owe the money, you need to file a Notice of Intent to Defend.” “Use this part of the form to tell the judge what happened. Be as specific as you can.” LEGAL ADVICE [NO] “You should file for limited divorce now so you can ask for custody. .” “Since you know you owe the money, you do not have to come to court.” “Write that you had ‘serious bodily harm’ or were in ‘imminent fear of serious bodily harm’ to make sure you get the protective order.” Let’s look at some examples which differentiate between advicde and information… 11/23/2018

What May Happen When You Don’t Give Court Users the Information They Feel You Should? Sometimes people become upset if they feel you are withholding information from them. Being in court can be an emotional experience and knowing how to work with customers can be an advantage. Many times it’s not only what you say but how you say it. For example you can say, “I’M SORRY. I CAN GIVE YOU BASIC INFORMATION, BUT I CANNOT TELL YOU WHAT YOU SHOULD DO. YOU CAN IMAGINE, IF THE OTHER PERSON IN YOUR CASE CAME TO ME AND ASKED ME THE SAME THING, YOU WOULD NOT WANT ME TO TELL THEM HOW THEY CAN WIN THEIR CASE. NEITHER CAN I TELL YOU WHAT YOU SHOULD DO HERE. IF YOU REALLY NEED GUIDANCE ABOUT HOW TO PROCEED, PLEASE CONSIDER SPEAKING WITH A LAWYER.” Be aware of your tone of voice and body language. Most customers are not aware of the limitations you are under. 11/23/2018

Patterned Response AVOID THIS: USE THIS: “You should. . .” “I know. . .” “I can’t. . .” USE THIS: “If you want . . . then . .” “You can . . .” “You can imagine if I provided that to the other side, you would feel disadvantaged.” [Evoke empathy]. Can you see the difference in the way these statements can be interpreted? Imagine you were in their situation! 11/23/2018

Rules of Engagement REFER INFORM ASSIST 11/23/2018 THE RULES OF ENGAGEMENT: WHAT YOU CAN AND CANNOT DO IN ASSISTING THE PUBLIC THERE ARE LOTS OF WAYS YOU CAN HELP COURT USERS WITHIN THE BOUNDARIES OF WHAT WE JUST DESCRIBED. THESE ACTIVITIES GENERALLY FALL INTO ONE OF THREE BASIC CATEGORIES. . . Text: REFER INFORM ASSIST ASSIST 11/23/2018

REFER ON-SITE KNOW: Self-help center Domestic violence legal services program Law library Child waiting room Other on-site resource KNOW: Hours, location, staffing, case types, income YOU CAN REFER COURT USERS TO PROGRAMS AND RESOURCES IN THE BUILDING, IN THE COMMUNITY AND ON THE INTERNET ASK: Can you list some of the on-site resources we have here? Do you know the hours of operation? Directions? Contact people? 11/23/2018

REFER COMMUNITY-BASED Lawyer referral service Legal services providers Pro bono organizations Hotlines or Helplines Mediation programs / services On-line resources KNOW: hours, services, case types, income, phone, Internet, location, likelihood of receiving help What about resources not on-site? ASK: Can you list some of the on-site resources we have here? Do you know the hours of operation? Directions? Contact people? 11/23/2018

REFER INTERNET: Mdcourts.gov People’s-law.gov Mdcourts.gov/macro If you have the opportunity, go on these websites to see what they offer. Have the addresses handy for customers 11/23/2018

INFORM Provide enough information to get them to the “next step.” Encourage them to return for more information after that step is completed. Types: Court processes & rules Define terms Provide case files, dockets, public records YOU CAN INFORM COURT USERS ABOUT COURT PROCESSES, HOW TO GET STARTED, AND PROVIDE BASIC INFORMATION ABOUT THEIR CASE OR OTHER INFORMATION OPEN TO THE PUBLIC 11/23/2018

INFORM Court processes . . if you are sure. Options. . . without advising what to do. Rules and statutes. . without interpretation. Terms, concepts, roles . . without opinion. Forms . . .what to use not what to say. Public records . . . without interpretation. Remember…informing is giving basic information that is fair and neutral! 11/23/2018

INFORM Offer information about. . . Fee waivers Address confidentiality Interpreters More examples… 11/23/2018

ASSIST Basic assistance completing forms Use of computers, website, Casesearch Schedules, deadlines, due dates – with caution Special needs AND YOU CAN ASSIST INDIVIDUALS IN USING COURT TOOLS, COMPLETING COURT FORMS, AND, IF THEY HAVE SPECIAL NEEDS, BY PROVIDING SPECIAL ACCOMMODATIONS, for example, if someone is visually impaired and has trouble reading court documents, you may read it to them if requested. 11/23/2018

Video 11/23/2018

Scenario Activity (Separate handout) 11/23/2018 At this point, the nine scenarios will be distributed. Small groups can be assigned certain scenarios and discuss at their tables. Then the group will discuss as a whole. OR pairs can act out the scenario for the class and the entire class will decide and discuss. 11/23/2018

Post-Assessment Have participants look at their assessment again and ASK if they would changer any answers? Did they learn anything new? ASK: How well do you think your coworkers would do? Do you feel they need help in this area? Are there any answers you would change now that we have reviewed the materials? 11/23/2018

Maryland Access to Justice Commission QUESTIONS? Maryland Access to Justice Commission 2011D Commerce Park Drive Annapolis, MD 21401 410-260-1258 www.mdcourts.gov/mdatjc 11/23/2018