Lesson Module Legal Information and Legal Advice for Settlement Workers

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 Legal advice is telling a client how the law applies to their situation and 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 advice. For example, law students in the Law Students Legal Advice Program (LSLAP) are supervised by lawyers and can give legal advice. Community advocates who are supervised by lawyers can give some legal advice such as telling somebody how to apply for a protection order or file a court order. Lawyers are regulated by the Law Society of British Columbia, which sets and enforces standards of professional conduct for lawyers.

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 conclusion made by a judge which decides a point of law or a fact in dispute.

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 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."