Settlement Workers Guide to What is Legal Information and What is Legal Advice

From Clicklaw Wikibooks
Revision as of 19:48, 6 March 2014 by Admin (talk | contribs)
This page from JP Boyd on Family Law—and other pages from this Wikibook that discuss BC family law litigation topics—are under editorial review to provide more thorough, current, and practical guidance. Since 2020, procedures, forms, and laws have changed significantly. While gross inaccuracies have been corrected, some details may still be outdated. These pages were not included in the 2024 print edition, and have been highlighted in orange where they appear in the navigation menu on this website.

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[edit]

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 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.

LEGAL INFORMATION

Settlement Workers CAN:

LEGAL ADVICE

Settlement workers CAN NOT:

Provide information on the Canadian legal system Tell clients how the law applies to their situation
Help clients identify a legal issue Tell clients what they can expect a lawyer or judge to say
Show clients online and print information that can help them with their legal issue Tell clients they have a good case
Tell clients about free legal workshops available to the public Tell clients how much money they should expect to get
Provide clients with information on how to find legal advice Tell clients that they need to see a mediator or that they need to go to court
Show clients where they can get information on how to prepare before going to get legal advice Tell clients what documents to file in court
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
Explain a lawyer’s letter
Interpret legal advice being given to a client or translate legal documents for a client

Why is it important that settlement workers understand the difference between legal information and legal advice?[edit]

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.”

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.

How to Recognize and Learn About Legal Topics for Clients[edit]

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.

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:

Housing[edit]

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:

“Our landlord told us we had to leave right away. If we don’t leave by next week he’ll call the police.”

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.

Another client, when telling you why she needs to move, may say:

“My husband says he wants a divorce and I have to move out.”

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.

Managing Money[edit]

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: “I need a new credit card because the one I have now won’t work anymore. The collection company is sending me letters.” 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.

Finding a Job[edit]

Your client asks for help finding a new job. When you ask what happened at the previous job they could say:

“I showed up for work yesterday and my boss fired me for no reason.”

Now this has become a legal issue. You can provide general information about employment law and where to get more help.

Once you recognize that your client has a legal issue, it helps to describe it as a legal topic.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

An order available under the Family Law Act for the protection of a person at risk of family violence. Protection orders include orders restraining someone from harassing, contacting, or stalking a person, as well as orders restraining someone from going to a person's home, place of employment, or school. See "application," "ex parte" and "restraining order."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."

To determine the proper value or worth of something. A lawyer's bill may be assessed by a registrar to determine the actual amount the client should pay. See "appraisal."

A sum of money or an obligation owed by one person to another. A "debtor" is a person responsible for paying a debt; a "creditor" is the person to whom the debt is owed.

Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Settlement_Workers_Guide_to_What_is_Legal_Information_and_What_is_Legal_Advice&oldid=18290"
Personal tools
Namespaces

Variants
Actions
Site
Tools
Contributors
Print/export