1. Legal Information vs. Legal Advice

2. Objectives Discuss theory vs. reality Understand the guidelines
Review examples of advice vs. information
Where to find helpful resources
Be prepared for situations

3. Legal Information vs. Legal Advice
Information: generic and applies to all
Anyone can share legal information.
not based on a specific set of facts
Advice: very specific and applies to the individual’s specific factual circumstances
Only licensed lawyers can give legal advice.
applies the law to specific circumstances

4. Theory vs. Reality Theory: Reality:
All customers are treated the same and receive great customer service and leave fully satisfied.
Reality:
No two situations or two cases are exactly the same.
The expectations of the customer are not always realistic.
People on both sides of the counter are humans and experience stressors based upon their position or viewpoint.

5. Legal Information and Legal Advice Definitions:
Communication of facts about:
court procedures
timing
resources
Includes information contained in court records, examples of forms and pleadings, informational pamphlets, copies of statutes and explanation of court rules, procedures, practices and due dates.
A written or oral statement that interprets some aspect of the law, court rules, court procedures, or recommends a specific course of conduct in an actual or potential legal proceeding.
A written or oral statement that applies the law to an individual’s specific factual circumstances.
A written or oral statement that requires the person giving advice to have knowledge of the law and legal principles beyond familiarity with court requirements and procedures.

6. Law
Arizona Code of Conduct for Judicial Employees: specific standards, requirements, and expectations for those who work in courts
It is our ethical obligation to work as a fair and neutral part of the judicial system
A.R.S (E)
The clerk of the superior court and the clerk’s deputies are prohibited from practicing law or forming a partnership with an attorney-at-law.
This subsection does not prohibit the clerk or the clerk’s employees from providing to the public, including litigants, information regarding documents routinely filed with the clerk.
Examples: Title VI and the ADA require us to provide access to all court users

7. Public Trust and Confidence in the Courts
What we do and how people perceive what we do is critical to the judiciary’s ability to be effective.
If people don’t have trust and confidence in the courts, they are not inclined to follow the courts’ orders.
People who believe they received fair treatment while at court will comply with the orders even if they disagree with the outcome.
Communication also plays a key role in how the court is portrayed to and viewed by members of the public.
Customer service, efficiency and bias, whether real or perceived are critical to how the public overall perceives the courts.
What we do and the appearance of what we do is critical to the judiciary’s effectiveness.
People who don’t have confidence and trust in the courts aren’t inclined to abide by the courts’ orders. Those who feel they got a fair hearing will comply, even if they don’t agree with the outcome.
Examples: [1]: Former Chief Justice McGregor’s story about the Governor of OK who refused to comply with a court-ordered stay to review whether information about the execution drugs had to be provided. At the same time the legislature introduced a resolution to impeach the justices for even suggesting that the execution be stayed so the court could review the legal issues. [2]: Guy in family court who said he’d pay the contempt sanctions rather than sign the deed to the house because it was worth it to see his ex spouse lose the house to foreclosure.

8. Information vs. Research
Citing common statutes, rules and orders
Some court rules and statutes come up so often you know them by heart and providing that information is good customer service and helps keep the courts efficient.
Applying facts to laws
Taking a customer’s information, looking up the statutes and laws and giving them an opinion on what to do is or can be flirting with practice of law or legal advice.
Counting days
We don’t count days for people or provide a specific date.
Usually time starts when an order is entered. AZ Supreme Court case ruled: entry of an order is when the JO announces it in open court. So the time starts then. Some rules say entry is when filed with the clerk and time starts then. We do not want any interpretation of the rule/order to be given because that is considered legal advice.

9. Information Examples
There is plenty of information available: Clerk of the Superior Court Website, Superior Court, AZ AOC, State Bar of AZ, Maricopa County Bar Association, Maricopa County Law Library Resource Center.

10. Public Information vs. Non-Public Information
As the record keeper, the Clerk’s Office keeps everything from “no big deal” public records to “practically doesn’t exist” records, depending on statute, rule, and court order.
Who has examples?
Sealed or treated like sealed (court order required to access): Adoptions, mental health, grand jury, court-ordered sealed
Confidential (limited access, like parties and their attorneys only): Family Court sensitive data sheet, criminal history information, fingerprint cards
Restricted (public, but requires going to a records center): Probate cases, sex crimes and crimes involving minor victims, Orders of Protection before service or dismissal.
Access levels can change, so check and double-check: search warrant sealed by court during investigation, then made public later; grand jury info is closed until defendant is served, then public
Video: Employee here goes into the record, eyes get big and says, “better get locks for your doors”. Shouldn’t share the specific personal information. Instead: 2nd video: Can give general information. “These type of records cannot be made public. I am sorry.” If you have questions, err on the side of caution.
The Clerk’s Office keeps everything from public records to extremely protected records, depending on statute, rule, and court order.
Who can access records varies both internally and externally and can change.

11. Explanations and Options
Recommendations and Opinions
Legal Separation v. Dissolution
Informal vs. Formal Probate
Guardianship vs. Conservatorship
Name Change
Where/what something is
Which choice to make or what gives one side an advantage
Ex. Types of cases; Order of Protection or Injunction Against Harassment
Examples: “I want a divorce”. You, “in AZ it is called a dissolution.”
“How do I get a dissolution?” You, “ “?

12. General referrals v. biased referrals
Smith, Smith and Wesson Attorneys at Law
The Code of Conduct prohibits the courts and court employees from recommending one individual over another. It’s a fairness and justice issue. or person seeking information. If the person says, “ how do I file for a dissolution?” “You can go to the Law Library Resource Center for some direction, look at the information on line or go to an attorney service”
Note: Community Legal Services does not take any criminal cases. They have strict guidelines based on budgeted funds = most cases have a domestic violence aspect in addition to the customer’s inability to pay or services are limited to senior issues, at-risk populations. *

13. General referrals v. biased referrals
Note the (long) disclaimer – any attorney in good standing can get on the list, this is not an endorsement, etc. etc. Customer can hover over their city and it will help them find attorneys. The disclaimer explains that the court does not verify the quality of the attorneys. It is just a list, the customer has to do their own researcher.

14. General referrals v. biased referrals
Judicial Ethics Advisory Committee Opinion: May, 2014
NO: Public recommendations
NO: Reference to your work or role with the judiciary
OK: One-on-one recommendation based on personal knowledge
Judicial Ethics Advisory Committee Opinion issued May 5, 2014: You cannot publicly recommend any professional if the recommendation is in any way tied to your role with the judiciary. You CAN recommend someone on a one-to-one basis based on your personal experience.
Example: I can’t recommend former PJ Bob Myers as an attorney, either while at the court or while saying I work in the court. I also can’t recommend him just because he’s a former PJ now practicing law. If Bob Myers drafted my will, I CAN recommend his will-drafting skills to an individual based on my personal experience. If talking during a party.

15. Explaining Terms vs. Interpreting Meaning
Definitions are a good thing – fair, neutral, and keeps our work moving along
Interpreting what a term means specific to a situation can go beyond helpful and into legal advice or research.
Look out for “should I” and “which one” unless there are clear answers not necessarily based on the facts they share.
Defining terms is a good thing – it’s fair and neutral and keeps our work moving along.
Interpreting what a term means specific to a situation can go beyond being helpful and get into legal advice or research. Look out for “should I” and “which one” questions, unless there are clear answers like we talked about earlier (small tax or large tax).
Example: New Hampshire Justice of the Peace wanted confirmation he is authorized to perform a marriage ceremony in Arizona and if not, who could provide that authority or confirmation. (“Am I a Justice of the peace authorized to perform the ceremony according to AZ’s statute?”). Answer: The Clerks defer to the statutes and assume that the couple has determined their own compliance with law. Here’s where to find the statutes. Here’s what I’ve heard of in the past. (CJ ordering reinstatement of former AZ judge just to perform ceremony).
What is the difference between a legal separation and a dissolution? You can go to the legal dictionary and read the definition. Say it is Formal or Informal Probate. What is the difference? A knowledgable clerk who worked in the area may know a little better detail.
COCWeb> Reference Manuals & Links

16. So What Do You Do? I got a Writ of Execution- Am I going to die?
According to iCIS you’re not a party to this case.
My record was expunged, but I lost a job because you still have it online.
My case was vacated/set aside but you still have it online.
(from Police or School): Parent dispute – who has custody?
You need to contact the judge’s assistant (JA).
If someone asks “where something is” or “what something is”….”what is this document?” “I got a Writ of Execution, what is it?” use the definition again….it means that while you were in jail your apartment was taken back by the landlord.
Customer doesn’t know what iCIS is. Don’t refer to it.
Arizona does not have expungement….the fact that you had a criminal case is public record. When you have your conviction set aside, it will show that you have done what you were supposed to do, i.e. done your time, paid your fine, etc.
The police or school situation is tough. We cannot read the order to them or interpret it. Ex. Judge could have had a hearing and ordered a change of custody.
Avoid terms, “J.A.”- customer doesn’t know what that means. You could explain, “each judge has their own division and their own administrative assistant. Judge X is located in SCT.

17. Ex-Parte Communication
What is it?
A Latin term that refers to one- sided contact with the court.
Why can’t we do it?
It is not fair and equal.
When can we do it?
If a person is trying to notify the court of an emergency.
Fairness and ethics require very limited discussions between a judicial officer and one side to a case.
What situations have you seen where ex-parte communication is allowed? Sometimes we can.
Examples: emergency orders, temporary restraining orders, orders of protection, a party who can’t make it to a hearing (the court will let documentable hospitalization slide, but car trouble? Probably not). But, may give a heads up to the division that there was a call and what was said. We don’t decide what to do only communicate it so court can make its own decision.

18. Providing forms vs. filling out forms
Many courts around Arizona use forms from Maricopa County’s Self-Service Center and modify them to the court they’re in. That’s helpful for consistency and a basic framework.
It’s not appropriate to tell customers which form is the right one for them. If they know which form they want you can point them to it.
It’s not appropriate to fill out forms for most customers but there are exceptions. In those situations you read only what’s on the page and write only what they tell you.
Title VI/Limited English Proficiency: Any limitation on English proficiency = ESL, dropped out of school after 3rd grade, can read but not write or vice versa. Courts have to provide access. No guarantee to success, but access.
Americans with Disabilities Act: accommodate disabilities
You ALWAYS can refer someone to the Law Library Resource Center or the link on the clerk’s website.

19. Providing forms v. filling out forms
Many courts around Arizona use forms from Maricopa County’s Law Resource Center. It has it’s own Self-Service Center and modify them to the court they’re in. That’s helpful for consistency and a basic framework.
It’s not appropriate to tell customers which form is the right one for them. If they know which form they want you can point them to it.
It’s not appropriate to fill out forms for most customers but there are exceptions. In those situations you read only what’s on the page and write only what they tell you.
Title VI/Limited English Proficiency: Any limitation on English proficiency = ESL, dropped out of school after 3rd grade, can read but not write or vice versa. Courts have to provide access. No guarantee to success, but access.
Americans with Disabilities Act: accommodate disabilities
Can read it and can fill in blanks so long as it is exactly as they say it. Recommendation: Make a notation-written verbatim as customer stated.
This is justice and the appearance of justice.
Blind people: tried to access the public access computer but if they asked we could provide copies of what they want and not charge them the routine copy charges. It is because they cannot do what others can and it helps put them on an even footing.

20. Resources Co workers with knowledge and experiences.
Supreme Court website for materials
Manual, Guidelines, Glossary of Terms,
Q & R Handbook
An AOC task force put together materials that are online. You can refer to them and read from them, but they are not on the public-facing website as of April If you can read it from a court’s public web page you can read it to the public.
You can always go to someone who has experience to check and double-check with tricky situations.

21. Back to the real world……
Questions won’t always be something within your duties.
Help get people to the right place or closer to it.
Remember most “outsiders” don’t know the difference between levels of courts or Clerk from Court and they don’t care – they just want any help you can offer.
questions won’t always be for our court or duties. The public rarely knows or cares that the Clerk is not the Court or that Superior Court is not Justice Court. Sometimes our job is to get them to the right place.

22. Review
Be ok with the grey areas. You cannot always help by giving the customer what they want. You have to be comfortable knowing that you will have limits. You may wish you could have said or done more. But, you just can’t always help.

23. Useful Suggestions
Explain to the customer that their question is so important that they should seek the help of an expert to avoid any wrong turns.
Court employees must remain neutral and cannot advise the customer how to win their case or how to get an advantage over the other party.
Every situation is different.
It’s great to want to be helpful. You also have to be fair and recognize you aren’t the right person to practice law for everyone who comes to court.
Suggesting expert assistance takes pressure off you and prevents harm to them.

24. Thank you! Jessica J. Fotinos, Esq.
QUESTIONS?
Thank you!
Jessica J. Fotinos, Esq.