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Difference between revisions of "Settlement Workers Guide to What is Legal Information and What is Legal Advice"
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Settlement Workers Guide to What is Legal Information and What is Legal Advice (view source)
Revision as of 18:49, 6 March 2014
, 18:49, 6 March 2014no edit summary
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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. | 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. | Lawyers are regulated by the Law Society of British Columbia, which sets and enforces standards of professional conduct for lawyers. | ||
::{| width="65%" class="wikitable" | |||
!style="width: 50%"|'''jnjijnik''' | |||
!style="width: 50%"|'''njnkk''' | |||
|- | |||
|align="center"|'''Divorce'''|| | |||
|- | |||
|align="center"|'''Care of children'''||align="center"|Guardianship and<br/>parental responsibiities | |||
|- | |||
|align="center"|'''Time with children'''||align="center"|Parenting time or<br/>contact||align="center"|Access | |||
|- | |||
|align="center"|'''Child support'''||align="center"|Yes||align="center"|Yes | |||
|- | |||
|align="center"|'''Children's property'''||align="center"|Yes|| | |||
|- | |||
|align="center"|'''Spousal support||align="center"|Yes||align="center"|Yes | |||
|- | |||
|align="center"|'''Family property and<br/>family debt'''||align="center"|Yes|| | |||
|- | |||
|align="center"|'''Protection orders'''||align="center"|Yes|| | |||
|- | |||
|align="center"|'''Financial restraining orders'''||align="center"|Yes|| | |||
|} | |||
==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?== | ||
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:''“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. | |||
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. | |||
==How to Recognize and Learn About Legal Topics for Clients== | |||
An important part of a settlement worker’s job is interviewing clients to assess their needs. Clients may need help getting a job, finding housing, managing money, or dealing with a family dispute. Many of these topics have both legal and non-legal issues. | |||
As part of the assessment interview, you can help identify legal issues by asking the client to tell you more about their situation. Here are some examples: | |||
===Housing=== | |||
Your client asks for help finding a new place to live. By itself, this is not a legal issue, but once you ask for more information, it may become one: | |||
:''“Our landlord told us we had to leave right away. If we don’t leave by next week he’ll call the police.”'' | |||
You can explain that there are rules for tenants and landlords and show them what information is available online, what brochures they can get and where they can find others who can help with more information or legal advice. | |||
Another client, when telling you why she needs to move, may say: | |||
:''“My husband says he wants a divorce and I have to move out.”'' | |||
You can explain that family law has rules for couples who are separating and divorcing. Help her find family law information online or give her some booklets. You can explain where she can get legal advice. | |||
===Managing Money=== | |||
A client asks about getting a credit card. Perhaps they have questions about how long it will take to pay off a card if they only pay a little, which is not a legal issue. However, if the client says: | |||
“I need a new credit card because the one I have now won’t work anymore. The collection company is sending me letters.” | |||
This is a problem that the law can help with. You can explain that this is called consumer debt and show them where they can get information and tell them where they might go for more help. | |||