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.

LEGAL INFORMATION Settlement Workers CAN:

LEGAL ADVICE Settlement workers CAN NOT:

Provide information on the Canadian legal system Help clients identify a legal issue Show clients online and print information that can help them with their legal issue Tell clients about free legal workshops available to the public Provide clients with information on how to find legal advice Show clients where they can get information on how to prepare before going to get legal advice

Tell clients how the law applies to their situation Tell clients what they can expect a lawyer or judge to say Tell clients they have a good case Tell clients how much money they should expect to get Tell clients that they need to see a mediator or that they need to go to court Tell clients what documents to file in court Tell clients what words to use in filling out a legal form or fill out the document for them, for example, an application to change a court order or appeal a decision

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.

Workers who understand the difference between legal information and legal advice will have the confidence to help their client:

1. identify the legal issue;
2. find and understand some of the legal information that can help; and
3. know where they can go to next if they need more information or 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.”

If a client asks, ‘What can I do?’ Your answer is limited to providing legal information and legal referrals.

For example:

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.”

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. Picture of brochure & hand

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."

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

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

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."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

In law, response to an allegation of fact or to a claim. Usually refers to documents that reply to the allegations or claims made by the other party, such as a "Response to Family Claim" or a "Reply."