Legal Information: Is This a Tool You Can Use? Presenter: Pam Wright, Staff Attorney West TN Legal Services pam@wtls.org
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1 Legal Information: Is This a Tool You Can Use? Presenter: Pam Wright, Staff Attorney West TN Legal Services pam@wtls.org
2 Access to Justice Commission Created by the Tennessee Supreme Court Began in 2008 LIFT is one of several tools to improve access
3 Parameters of LIFT Civil Law & Administrative Law information No Criminal Law information No marketing No commercial or fee-based websites Built on educational work already done by Legal Services/Aid programs & other public interest law firms Guidance: LIFT Policy; Advisory Committee see handout
4 LIFT Cannot substitute for a lawyer Cannot provide legal advice Cannot recommend an attorney
5 LIFT Can provide legal information Can direct to free or low-cost services Can orient patron to court process and legal subject matter
6 First Challenge How do we make legal information understandable?
7 Use of Plain Language Goal of ATJ is plain language - 5 th grade level Challenge: Responsive documents
8 Help for Non-English Speakers Court interpreter program: LIFT uses Google translator Some materials translated into Spanish; very few in other languages
9 Next Challenge How do we give more & better information without inadvertently giving legal advice?
10 Selection of Trustworthy Content
11 Limited to Legal Information Legal information Facts about the law and the legal process Legal advice Advice about the course of action a client should take to further his or her own best interests
12 Sources for Guidelines Tennessee Code , et. seq. "Guidelines for Medical, Legal, and Business Responses", American Library Association, September 29, (Accessed February 21, 2013) Document ID: 1bbbdfba cd99-6edfdb Guidelines for Tennessee Court Clerks Who Assist Self-Represented Persons, endorsed by TN Supreme Court & 6a28bce14070f8ed21c1d
13 What is Legal Advice? Legal advice is a written or oral statement that: Interprets some aspect of the law, court rules, or court procedures; Recommends a specific course of conduct a person should take in an actual or potential legal proceeding; or Applies the law to the individual person s specific factual circumstances.
14 Examples of Legal Information Public resources that explain generally how the court and judges function; Primary sources: Found in a law library; on the court s website for statutes, court rules, or forms; or on creditable open-source websites. Ex: Glossaries & dictionaries of terms and documents used in the court process.
15 Legal Information: Court forms found on court sites; forms created & shared by public interest law firms; Routinelyemployed court rules, court procedures, administrative practices, and local rules; Public information contained in dockets, calendars, case files, indexes, and other reports.
16 LIFT Sample Resource Pages: Orders of Protection & Divorce
17
18 Legal Aid Materials
19 Questions Legal information Answers questions that call for factual information questions that start with who, what, when, where, or how. Legal advice Answers questions that call for an opinion about what a litigant should do questions that contain the words should or whether.
20 Tips Remain neutral Do not promote or recommend a particular course of action to court users. Don t recommend a particular attorney.
21 Guidelines Staff can provide cites to -- or show users how to find -- statutes, court rules, and ordinances Staff cannot provide an analysis or interpretation of statutes or ordinances based on the specific facts of a user s case Staff cannot perform legal research for a user
22 Guidelines Staff can encourage the use of a lawyer and provide information concerning lawyer referral services, legal aid & pro bono resources Staff cannot recommend a specific lawyer
23 Guidelines Staff can provide forms and instructions, and record on the forms information provided by the litigants if the litigants are not capable of filling out the form themselves Staff cannot provide or suggest the information that should be entered on the forms
24 Guidelines Staff can provide general information about the courts, procedures and legal terminology Staff cannot provide advice about the course of action a litigant should take to further his or her own personal interests
25 Examples of Library Disclaimers What library staff can do: Teach you to use library resources to accomplish your research goal. What library staff can t do: Type or proofread your document. Provide medical, legal or business advice or opinion. Do your homework for you. Topeka & Shawnee County Public Library Reference services provide patrons with assistance in identifying, locating, and using resources within the Law Library s collection. The information conveyed by reference librarians does not constitute legal advice. Reference librarians will not perform research, nor will they interpret legal materials (e.g., legal documents, case law, or statutes). If legal advice is required, the patron should seek the assistance of a licensed attorney. University of Kentucky College of Law Library
26 You Can Use LIFT To offer direction to legal representation resources only; or To offer direction to representation, information, forms and other resources.
27 Common Question
28 Sample Answer #1 Here is a list of organizations that you can call for free or low-cost legal help if you qualify.
29 Sample Answer #2 Here is a website that can give you information about this issue and a list of organizations that you can call for free or lowcost legal help if you qualify.
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