Legal Information ONLY JusticeCorps Legal Information ONLY Ask students what the role of the courts is in society and elicit an answer along the lines of: to resolve disputes” Follow up by asking members how the courts need to be viewed by opposing parties in order to be effective in resolving disputes. Elict: Trust/neutrality. Explain that we are going to talk about a topic that is of crucial importance precisely because it affects the publics trust and confidence in the neutrality of the courts Advice

Code of Ethics for the Court Employees of California Court staff are required by the Code of Ethics for the Court Employees of California to “furnish accurate information as requested in a competent, cooperative, and timely manner” but to avoid “giving legal advice.” Ask for volunteer to read slide

JusticeCorps members, working in any of the court-based self-help programs, fall under the Code of Ethics for the Court Employees of California. You have a duty to provide legal information but you must refrain from giving legal advice. Ask participants why they think it’s important to refrain from giving advice?

That means that we do not take sides in a case. Tenet One of the Code of Ethic for Court Employees of California: “Provide impartial and evenhanded treatment of all persons.” That means that we do not take sides in a case. Ask Participant to read.

But if a JusticeCorps member starts advising one of the parties what he or she “should” do, the court is no longer treating the parties equally. The Court is taking the side of the party you are advising. YOU ARE THE COURT! Reinforce the idea that as the point of interaction with the public members are “the court”

General Guidelines Legal information Self-Help staff and JusticeCorps members should answer questions that call for factual information – questions that start with “who,” “what,” “when,” “where,” or “how” Legal advice You should not answer questions that call for an opinion about what a litigant should do – questions that contain the words “should” or “whether” Facilitator reads this slide. Ask for examples a litigant might ask and discuss wheter answers would be info or advice.

A tip – no shoulds We DON’T answer “SHOULD” questions.. We can tell people what their options are, we can’t tell them what they SHOULD do about their situation. Big exception – we can tell them we really think that they should talk to an attorney about their situation. Have participant read slide.

General Guidelines Legal information Self-Help staff and JusticeCorps members should tell a litigant how to bring an issue to the attention of the court Legal advice You cannot suggest whether it is wise to bring that issue before the court, or how the judge is likely to decide the case Ask Participants: What might you say to a litigant who asks how a judge is likely to decide in their case? A: More than just saying: “I can’t tell you what the judge might decide”, it can help to explain the process while explaining that its up to the judge. For example. A litigant might say “my child's father never spends any time with our kids so the judge will grant me full custody right?” You might respond: “Well I don’t know what the judge will decide but there’s going to be an opportunity to describe the amount of time the child currently spends with each parent on the form we are going to fill out and a place where you can explain the facts of your situation you want to be as clear as possible there in order to provide the judge with all the information they will need to make a decision…”

General Guidelines – options and information – not advice Legal information Self-Help staff and JusticeCorps members should inform a litigant of his or her options and the steps to carry out an option Legal advice You cannot suggest which option the litigant should pursue Ask participant to read.

Strategic advice and opinions are Legal Advice! Giving your estimation of the “chances” of succeeding with a particular effort or tactic in a specific case is giving advice about what that party should do. Strategic advice and opinions are Legal Advice! Ask the members who is allowed to provide legal advice outside of the court : Lawyers Explain that only Lawyers are qualified to give advice and that outside of the court they form an Attorney client relationship which means they will only act in their clients best interest. However even the attorneys who work for the court can’t give advice because the SRLs are not their clients. Even the attorneys who work for the court only give legal information!

Examples of legal advice We cannot answer questions that call for an opinion about what a litigant should do. “Should I plead guilty?” “Would it be worth it to appeal the judge’s ruling?” “What should I say about my husband to get the judge to award me custody of the children? Ask participant to read, Ask participants if the can give the litigants information about previous information in their case –Then advance to the next slide.

Information about a case Self-Help staff and JusticeCorps members can provide information about past rulings in a case You cannot predict what the court will do in a specific case! Read slide

Information about the law Self-Help staff and JusticeCorps members can provide cites to (or copies of) statutes, court rules, and ordinances You cannot provide an analysis or interpretation of statutes or ordinances based on the specific facts of a litigant’s case Have participant read.

what the party desires to do, Advising a party what to do, as opposed to how to do what the party desires to do, crosses the impartiality line. Have participant read

What if you don’t know the answer DON’T MAKE IT UP! Don’t answer a question if you’re unsure of the right answer. Refer those questions to attorney supervisors or experts on staff – or get the answer from them. Some questions will require a referral to a private or legal aid attorney. “This is really important” “Staff is always there to support you when you have questions.” One of the worst things for trust in the court is when a litigants gets conflicting information from different courts staff who haven’t made time to make sure they are giving the litigant the right answer. And then of course for the questions you’re not allowed to answer you can tell litigants that they may need to consult a private attorney.

Neutrality Don’t make referrals to individuals – lawyers, process servers, other providers We can’t favor any specific attorneys or individuals Okay if court has a list of legal services or social services agencies - or certified lawyer referral services We treat everyone neutrally Q: What does it mean to be neutral? What can’t we make referrals to individual lawyers etc..

Never say anything to a litigant that you could not also say to the opposing party ! It will happen that your center works with both parties in the same day imagine you worked with the wife in the am and the husband in the pm in a child custody or divorce case. You would want them to get the exact same information.

Legal Information ONLY JusticeCorps Legal Information ONLY Pass out quiz. Advice