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

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 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.

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 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.”

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."

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."

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