Legal Advice for Court Employees Quick Reference

court rules and ordinances for parties because it would be considered the unauthorized practice of law and violates the concepts of impartiality and neutrality. Can provide case information that is a matter of public record Cannot provide confidential case information Reason: Court support staff can provide case information that is public. Most court records are considered public records and, therefore, are available to the public.<br><br> Reason: Court support staff cannot disclose non-public or confidential information. It is very important that clerks understand what information is confidential. Can provide general information about court operations Cannot provide confidential information about court operations Reason: Court employees have considerable knowledge and information about how a court functions.<br><br> Sharing this knowledge of general court operations is not considered legal advice. Reason: Court employees cannot disclose confidential information about court operations or ex parte communications because it can give one side an unfair advantage. Can provide options Cannot provide opinions Reason: You can provide information on the various procedural options available and can explain how to do something.<br><br> Reason: You cannot give an opinion on or otherwise advise parties to use a particular procedure or remedy. Can facilitate access Cannot deny or discourage access, nor encourage litigation Reason: Most people are not familiar with the court system. They often cannot describe their problem in legal terms.<br><br> Court staff are gatekeepers to the system. It is their job to ensure that the court system is accessible. Reason: Most people are not familiar with court procedures or terminology.<br><br> Legal advice should not be used as an excuse not to provide service. If the question is not asked in the right way, take the time to clarify what is being asked. Can provide general referrals Cannot provide subjective or biased referrals Reason: General referrals can be made to agencies and associations that can provide additional information and assistance.<br><br> Reason: Employees of the court must remain neutral and impartial and cannot make referrals to specific individuals. Can distribute forms and instructions on how to complete forms Cannot fill out forms unless there is a handicap or physical disability that prevents the person from filling out the form Reason: Court employees must facilitate access to the court system. Reason: Court employees should not fill out forms for parties because it violates the principles of neutrality and impartiality.<br><br> However, there may be some situations where it is appropriate for clerks to record information on a form. Some examples include language barriers (illiteracy or foreign language) and physical handicaps (blindness or deafness). <br><br>

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