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Difference between revisions of "Lesson Module Legal Information and Legal Advice for Settlement Workers"

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'''Why is it important that settlement workers understand the difference between legal information and legal advice?'''
'''Why is it important that settlement workers understand the difference between legal information and legal advice?'''
Settlement workers may be the first point of contact for a client with a legal problem. Helping clients at this early stage is very important.   
 
Settlement workers may be the first point of contact for a client with a legal problem. 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:
Workers who understand the difference between legal information and legal advice will have the confidence to help their client:
# identify the legal issue;
# identify the legal issue;
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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:
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.”''
''“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
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.”''   
''“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.
If a client asks, ‘What can I do?’ Your answer is limited to providing legal information and legal referrals.
 
For example:
For example:
My landlord says I have to move out next week. Do I have to?
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.”
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.   
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.   
Don’t rely on your memory – you might give outdated information.   
Picture of brochure & hand
Picture of brochure & hand