Difference between revisions of "Settlement Workers Guide to What is Legal Information and What is Legal Advice"

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Understanding the difference between legal information and legal advice is very important. In this section, you will learn how they are different, and why it is important that your client also understands the difference.  
 
Understanding the difference between legal information and legal advice is very important. In this section, you will learn how they are different, and why it is important that your client also understands the difference.  
  
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==Legal Information==
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==Legal information==
  
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Legal information helps people understand the law and the legal system. Legal information is available to the public, both on websites and in print.   
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''Legal information'' helps people understand the law and the legal system. Legal information is available to the public, both on websites and in print. Clients may need your help finding and understanding legal information. If they need further assistance, you can show them where to go for more legal information or for legal advice.   
  
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Clients may need your help finding and understanding legal information. If they need further assistance, you can show them where to go for more legal information or for legal advice.
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'''''As a settlement worker, you can only assist your client with legal information.'''''
  
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'''As a settlement worker, you can only assist your client with legal information.'''
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==Legal advice==
  
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'''Legal Advice''' is telling a client how the law applies to their situation or what they should do about their legal problem. Generally only lawyers provide legal advice.
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''Legal advice'' is telling a client how the law applies to their situation or what they should do about their legal problem. Generally only lawyers provide legal advice. There are some exceptions where trained people supervised by lawyers can give legal advice. For example, law students in the [http://www.clicklaw.bc.ca/helpmap/service/1035 Law Students Legal Advice Program] (LSLAP) are supervised by lawyers and can give legal advice. Community legal advocates who are supervised by lawyers may be able to give some legal advice such as telling somebody how to apply for a protection order or help you dispute an eviction notice.  
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There are some exceptions where trained people supervised by lawyers can give legal advice. For example, law students in the Law Students Legal Advice Program (LSLAP) are supervised by lawyers and can give legal advice. Community legal advocates who are supervised by lawyers may be able to give some legal advice such as telling somebody how to apply for a protection order or help you dispute an eviction notice.  
 
  
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Lawyers are regulated by the Law Society of British Columbia, which sets and enforces standards of professional conduct for lawyers.
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Lawyers are regulated by the [http://www.lawsociety.bc.ca/ Law Society of British Columbia], which sets and enforces standards of professional conduct for lawyers.
  
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::{| width="65%" class="wikitable"
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Here are some examples of the differences between legal information and legal advice.
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!style="width: 50%"|'''LEGAL INFORMATION
 
  
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Settlement Workers CAN:
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::{| width="65%"
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!style="width: 2%"|
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!style="width: 48%"|'''LEGAL INFORMATION
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Settlement workers CAN:
 
'''
 
'''
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!style="width: 50%"|'''LEGAL ADVICE  
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!style="width: 2%"|
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!style="width: 48%"|'''LEGAL ADVICE  
  
 
Settlement workers CAN NOT:
 
Settlement workers CAN NOT:
 
'''
 
'''
 
|-
 
|-
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|Provide information on the Canadian legal system
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|[[File:Green check.svg|15px]] || Help clients identify a legal issue
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|Tell clients how the law applies to their situation
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|[[File:Red x.svg|15px]] || Tell clients what they can expect a lawyer or judge to say
 
|-
 
|-
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|Help clients identify a legal issue
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|[[File:Green check.svg|15px]] || Show clients online and print information that can help them with their legal issue
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|Tell clients what they can expect a lawyer or judge to say
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|[[File:Red x.svg|15px]] || Tell clients they have a good case
 
|-
 
|-
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|Show clients online and print information that can help them with their legal issue
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|[[File:Green check.svg|15px]] || Tell clients about free legal workshops available to the public
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|Tell clients they have a good case
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|[[File:Red x.svg|15px]] || Tell clients how much money they should expect to get
 
|-
 
|-
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|Tell clients about free legal workshops available to the public
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|[[File:Green check.svg|15px]] || Provide clients with information on how to find legal advice
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|Tell clients how much money they should expect to get
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|[[File:Red x.svg|15px]] || Tell clients that they need to see a mediator or that they need to go to court
 
|-
 
|-
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|Provide clients with information on how to find legal advice
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|[[File:Green check.svg|15px]] || Show clients where they can get information on how to prepare before going to get legal advice
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|Tell clients that they need to see a mediator or that they need to go to court
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|[[File:Red x.svg|15px]] || Tell clients what documents to file in court
 
|-
 
|-
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|Show clients where they can get information on how to prepare before going to get legal advice
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| ||
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|Tell clients what documents to file in court
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|[[File:Red x.svg|15px]] || Tell clients what words to use in filling out a legal form or fill out the document for them, for example, an application to change a court order or appeal a decision
 
|-
 
|-
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|
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| ||
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|Tell clients what words to use in filling out a legal form or fill out the document for them, for example, an application to change a court order or appeal a decision
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|[[File:Red x.svg|15px]] || Explain a lawyer’s letter
 
|-
 
|-
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|
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| ||
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|Explain a lawyer’s letter
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|[[File:Red x.svg|15px]] || Interpret legal advice being given to a client or translate legal documents for a client
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|-
 
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|
 
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|Interpret legal advice being given to a client or translate legal documents for a client
 
 
|}
 
|}
  
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==Why is it important that settlement workers understand the difference between legal information and legal advice?==
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==Important differences between legal information and legal advice for settlement workers==
  
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Settlement workers may be the first point of contact for a client with a legal issue. Helping clients at this early stage is very important.
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Settlement workers may be the first point of contact for a client with a legal issue. Helping clients at this early stage is very important. Workers who understand the difference between legal information and legal advice will have the confidence to help their client:
  
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Workers who understand the difference between legal information and legal advice will have the confidence to help their client:
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* identify the legal issue,
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*identify the legal issue,
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* find and understand some of the legal information that can help, and   
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*find and understand some of the legal information that can help, and   
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* know where they can go to next if they need more information or if they need legal advice.
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*know where they can go to next if they need more information or if they need legal advice.
 
  
 
This is also an opportunity to help clients understand your role and the difference between legal information and advice. Clients who are new to Canada may not understand the legal system here. They may be upset because of the situation, and could think the legal information you have provided is legal advice. They may see you as the ‘expert’ and leave the office thinking they have talked to a lawyer or have been given legal advice.  
 
This is also an opportunity to help clients understand your role and the difference between legal information and advice. Clients who are new to Canada may not understand the legal system here. They may be upset because of the situation, and could think the legal information you have provided is legal advice. They may see you as the ‘expert’ and leave the office thinking they have talked to a lawyer or have been given legal advice.  
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:''You might say: “I can’t tell you if you have to move or not, but I can show you some information that may help you understand the rules for tenants and landlords. If you still don’t know what to do, I can help you find somebody else to talk to who can help.”''
 
:''You might say: “I can’t tell you if you have to move or not, but I can show you some information that may help you understand the rules for tenants and landlords. If you still don’t know what to do, I can help you find somebody else to talk to who can help.”''
  
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'''TIP:''' Always point to the legal information you are giving your client, whether it is online or in print. For example, if a client asks if their landlord can make them move out, show them the website or brochure and point to the section on tenants’ rights and evictions. Don’t rely on your memory – you might give outdated information.
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{{Tipsbox
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| width =60%
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==How to Recognize and Learn About Legal Topics for Clients==
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| tips = Always point to the legal information you are giving your client, whether it is online or in print. For example, if a client asks if their landlord can make them move out, show them the website or brochure and point to the section on tenants’ rights and evictions. Don’t rely on your memory – you might give outdated information.
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An important part of a settlement worker’s job is interviewing clients to assess their needs. Clients may need help getting a job, finding housing, managing money, or dealing with a family dispute. Many of these topics have both legal and non-legal issues.
 
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As part of the assessment interview, you can help identify legal issues by asking the client to tell you more about their situation. Here are some examples:
 
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===Housing===
 
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Your client asks for help finding a new place to live. By itself, this is not a legal issue, but once you ask for more information, it may become one:
 
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:''“Our landlord told us we had to leave right away.  If we don’t leave by next week he’ll call the police.”''
 
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You can explain that there are rules for tenants and landlords and show them what information is available online, what brochures they can get and where they can find others who can help with more information or legal advice.
 
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Another client, when telling you why she needs to move, may say:
 
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:''“My husband says he wants a divorce and I have to move out.”''
 
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You can explain that family law has rules for couples who are separating and divorcing. Help her find family law information online or give her some booklets. You can explain where she can get legal advice.
 
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===Managing Money===
 
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A client asks about getting a credit card. Perhaps they have questions about how long it will take to pay off a card if they only pay a little, which is not a legal issue. However, if the client says:
 
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“I need a new credit card because the one I have now won’t work anymore.  The collection company is sending me letters.”
 
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This is a problem that the law can help with.  You can explain that this is called consumer debt and show them where they can get information and tell them where they might go for more help.
 
  
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===Finding a Job===
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}}
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Your client asks for help finding a new job. When you ask what happened at the previous job they could say:
 
  
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:''“I showed up for work yesterday and my boss fired me for no reason.”''
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{{Video
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|video = {{#ev:youtube|Nm_euUEXg_Y|500|left|What Is Legal Information & What Is Legal Advice}}
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}}
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{{REVIEWED | reviewer = [[Drew Jackson]], March 2014}}
  
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Now this has become a legal issue. You can provide general information about employment law and where to get more help. 
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{{Settlement Workers Guide Navbox}}
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{{Creative Commons for Settlement Workers Guide}}
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Once you recognize that your client has a legal issue, it helps to describe it as a legal topic.
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__NOGLOSSARY__

Latest revision as of 22:11, 10 April 2014

Settlement Workers Guide
to Helping Clients
Settlement Workers Guide cover image.jpg
This page is
from the wikibook
Settlement Workers Guide
to Helping Clients.
See the full contents.
Contents
Legal Information and Legal Advice
Identifying Your Client's Legal Needs
Finding Legal Information
Finding Legal Help
Making Effective Referrals
About this Wikibook ‎
From
The Immigrant PLEI Consortium (IPC)
Immigrant PLEI Consortium
v • d • e

Understanding the difference between legal information and legal advice is very important. In this section, you will learn how they are different, and why it is important that your client also understands the difference.

Legal information

Legal information helps people understand the law and the legal system. Legal information is available to the public, both on websites and in print. Clients may need your help finding and understanding legal information. If they need further assistance, you can show them where to go for more legal information or for legal advice.

As a settlement worker, you can only assist your client with legal information.

Legal advice

Legal advice is telling a client how the law applies to their situation or what they should do about their legal problem. Generally only lawyers provide legal advice. There are some exceptions where trained people supervised by lawyers can give legal advice. For example, law students in the Law Students Legal Advice Program (LSLAP) are supervised by lawyers and can give legal advice. Community legal advocates who are supervised by lawyers may be able to give some legal advice such as telling somebody how to apply for a protection order or help you dispute an eviction notice.

Lawyers are regulated by the Law Society of British Columbia, which sets and enforces standards of professional conduct for lawyers.

Here are some examples of the differences between legal information and legal advice.

LEGAL INFORMATION

Settlement workers CAN:

LEGAL ADVICE

Settlement workers CAN NOT:

Green check.svg Help clients identify a legal issue Red x.svg Tell clients what they can expect a lawyer or judge to say
Green check.svg Show clients online and print information that can help them with their legal issue Red x.svg Tell clients they have a good case
Green check.svg Tell clients about free legal workshops available to the public Red x.svg Tell clients how much money they should expect to get
Green check.svg Provide clients with information on how to find legal advice Red x.svg Tell clients that they need to see a mediator or that they need to go to court
Green check.svg Show clients where they can get information on how to prepare before going to get legal advice Red x.svg Tell clients what documents to file in court
Red x.svg Tell clients what words to use in filling out a legal form or fill out the document for them, for example, an application to change a court order or appeal a decision
Red x.svg Explain a lawyer’s letter
Red x.svg Interpret legal advice being given to a client or translate legal documents for a client

Important differences between legal information and legal advice for settlement workers

Settlement workers may be the first point of contact for a client with a legal issue. Helping clients at this early stage is very important. Workers who understand the difference between legal information and legal advice will have the confidence to help their client:

  • identify the legal issue,
  • find and understand some of the legal information that can help, and
  • know where they can go to next if they need more information or if they need legal advice.

This is also an opportunity to help clients understand your role and the difference between legal information and advice. Clients who are new to Canada may not understand the legal system here. They may be upset because of the situation, and could think the legal information you have provided is legal advice. They may see you as the ‘expert’ and leave the office thinking they have talked to a lawyer or have been given legal advice.

It is important that you tell your client that you are NOT a lawyer and that your CAN NOT provide legal advice. You might say:

“As a settlement worker, I cannot give you legal advice, but I can help you find general information about the law or find a service where you can get more legal information and advice.”

Or

“It sounds like you may need legal advice, since that question is specific to your situation. While I can’t tell you what to do, I can show you how to find information on this topic and I can tell you some places where you may get legal advice.”

If a client asks, ‘What can I do?’ Your answer is limited to providing legal information and legal referrals.

For example:

My landlord says I have to move out next week. Do I have to?
You might say: “I can’t tell you if you have to move or not, but I can show you some information that may help you understand the rules for tenants and landlords. If you still don’t know what to do, I can help you find somebody else to talk to who can help.”
Tipsandnotes.png
 Always point to the legal information you are giving your client, whether it is online or in print. For example, if a client asks if their landlord can make them move out, show them the website or brochure and point to the section on tenants’ rights and evictions. Don’t rely on your memory – you might give outdated information.
What Is Legal Information & What Is Legal Advice
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Drew Jackson, March 2014.


v • d • e
Legal Information & Legal Advice
Identifying Your Client's Legal Needs
Finding Legal Information
Finding Legal Help
Making Effective Referrals
About


Creativecommonssmall.png Settlement Workers Guide to Helping Clients with Legal Information and Legal Referrals © Immigrant PLEI Consortium (IPC) is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.


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