Practical Applications of Ethics Codes: The Big Bounce – Customer Service and Giving Legal Advice 1 of 17

Objectives Become familiar with ethics codesBecome familiar with ethics codes Understand why ethics codes are important to us as court professionalsUnderstand why ethics codes are important to us as court professionals Determine how ethics apply to customer service and giving legal adviceDetermine how ethics apply to customer service and giving legal advice 2 of 17

A fair and independent court system is essential to the administration of justice in a democratic society.A fair and independent court system is essential to the administration of justice in a democratic society. To be a court professional means ethical conduct that strives to:To be a court professional means ethical conduct that strives to: –inspire public confidence and trust in the courts; –convey impartiality, equity, fairness and integrity Are Ethics Important? 3 of 17

Scenario: The Big Bounce 4 of 17

PLAY VIDEO PLAY VIDEO

The Big Bounce Codes NACM Model Code of Conduct for Court Professionals Canon 1.7 Assisting Litigants A court professional shall be responsive to inquiries regarding standard court procedures, but shall not give legal advice unless it is required as part of one’s official position. 6 of 17

The Big Bounce Codes American Judicature Society Model Code for Nonjudicial Court Employees Section Two (f): Confidentiality Court employees are not precluded from responding to inquiries concerning court procedures, but a court employee shall not give legal advice. Standard court procedures, such as the method for filing an appeal or starting a small claims action, should be summarized in writing and made available to litigants. 7 of 17

The Big Bounce Discussion Questions Is being bounced from office to office just the price that customers pay for coming to court?Is being bounced from office to office just the price that customers pay for coming to court? Response #1Response #1 “Although courts work to be ‘customer friendly’ they are also increasingly specialized. One result of that specialization is that only certain workers have the knowledge and tools to solve an individual’s problems. We don’t want to ‘bounce’ customers, but sometimes they have to wait for the right worker to help them.” 8 of 17

The Big Bounce Discussion Questions Is this being bounced from office to office just the price that customers pay for coming to court?Is this being bounced from office to office just the price that customers pay for coming to court? Response #2 “Bouncing a customer from office to office should never be acceptable and every court in America should work to answer a customer’s questions by the first counter worker or by worker who answers the phone.” 9 of 17

The Big Bounce Discussion Questions Was there any different way the clerk could have handled this situation? Response #1Response #1 “No. Legal advice is a technical concept that few regular citizens understand. The clerk did an admirable job of trying to explain the concept to the customer, but in the end we have to accept that it may be too complicated for the general public.” 10 of 17

The Big Bounce Discussion Questions Was there any different way the clerk could have handled this situation? Response #2 “Yes. Courts should be trying to find 1) better ways to describe legal advice to the public, 2) innovative approaches to help customers, and 3) policy and legal solutions for just this kind of dilemma that the customer found herself trapped in.” 11 of 17

The Big Bounce Discussion Questions What can the court learn from this situation? Response #1 “We in courts talk a good game about customer service, but we really don’t do a very good job of it. Here was an example where the court could analyze what happened to this lady and develop innovative ways to ensure it never happens again.” 12 of 17

The Big Bounce Discussion Questions What can the court learn from this situation? Response #2 “Court staff know more about cases and court procedures than the bar gives us credit for knowing. To prohibit court staff from truly helping customers is disservice to the public. The potential harm outweighs the help we could do..” 13 of 17

The Big Bounce Discussion Questions What can the court learn from this situation? Response #3 “Court staff need to be better trained on the reasons behind why giving legal advice is not only against the law but ultimately unhelpful to the public. The reason we are prohibited from giving legal advice is not just to throw more business to lawyers. We could harm someone’s case and possibly their life by giving bad advice.” 14 of 17

The Big Bounce Discussion Questions Determine what your own answers are to the questions asked here. 15 of 17

Why Do This? It’s the Integrity of the Judicial BranchIt’s the Integrity of the Judicial Branch It’s More than Just Personnel RulesIt’s More than Just Personnel Rules It’s Not Just Right & Wrong AnswersIt’s Not Just Right & Wrong Answers It’s Your Job to Make the Code RelevantIt’s Your Job to Make the Code Relevant 16 of 17

Learn More and Join the Conversation Log onto the NACM Website Ethics Page: 17 of 17