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What Can I Do to Help You?

What Can I Do to Help You? . How to Serve the Public Effectively and Ethically Distinguishing Legal Information from Advice. What We Will Cover. Special Role of the Courts Legal Information v. Advice Rules of Engagement. What Can I Do to Help You? . What do you know?

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What Can I Do to Help You?

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  1. What Can I Do to Help You? How to Serve the Public Effectively and Ethically Distinguishing Legal Information from Advice

  2. What We Will Cover • Special Role of the Courts • Legal Information v. Advice • Rules of Engagement

  3. What Can I Do to Help You? What do you know? Pre-session assessment activity (HANDOUT)

  4. 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.

  5. The Special Role of the Courts

  6. Special Role of the Courts As a court employee you must act as if you ARE the court. You may be the only “face” they see.

  7. Legal Information v. Legal Advice

  8. Legal Information General knowledge that, when provided, is the same for anyone who asks.

  9. Legal Information • Define terms • Explain roles • Outline procedures, processes • Provide forms

  10. Legal Information • Clarify options • Refer to programs, resources • Direct them to statutes, rules

  11. Legal Advice Strategic information or guidance provided by applying the law to the facts.

  12. Legal Advice • What you should do. . . • How a judge may rule based on what you have seen. . . • Whether they are entitled to relief. . .

  13. Legal Advice • Whether they are likely to prevail. . . • Which lawyer would be best for them . . . • Whether they should file a complaint or not. . .

  14. 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).

  15. LEGAL INFO [ YES ] “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.”

  16. What May Happen When You Don’t Give Court Users the Information They Feel You Should?

  17. 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]. AVOID THIS: “You should. . .” “I know. . .” “I can’t. . .” Patterned Response

  18. Rules of Engagement REFER INFORM ASSIST

  19. REFER • ON-SITE • Self-help center • Domestic violence legal services program • Law library • Child waiting room • Other on-site resource • KNOW: • Hours, location, staffing, case types, income

  20. 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

  21. REFER • INTERNET: • Mdcourts.gov • People’s-law.gov • Mdcourts.gov/macro

  22. 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

  23. 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.

  24. INFORM Offer information about. . . • Fee waivers • Address confidentiality • Interpreters

  25. ASSIST • Basic assistance completing forms • Use of computers, website, Casesearch • Schedules, deadlines, due dates – with caution • Special needs

  26. Video

  27. Scenario Activity (Separate handout)

  28. Post-Assessment • Are there any answers you would change now that we have reviewed the materials?

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

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