Convey information, do not provide legal advice, or opinions

Winter 2025
 Convey information, do not provide legal advice, or opinions

Convey information not legal advice Information: generic an apply to all. Anyone can share legal information. Information is not based on specific set of facts. Advice: very specific and applies to the individual’s specific factual circumstances. Only licensed lawyers can give legal advice.

The line between "legal advice" and "legal information" is often blurred. Only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or to represent someone other than himself or herself in a court of law.

Download Click here to download the handout Legal Information vs. Legal Advice

Legal Information

Legal information needs to be bite-sized and included as needed.  Keep it simple, use plain language and non-legal jargon. 

  • Can't recommend a specific course of action for a self-represented litigant.
  • Can't provide an interpretation of legal term, statute, rule, order, or case law.
  • Can't provide confidential information.
  • Can't perform legal research.
  • Facts about the law and the legal process.
  • Answer the questions: Who, When, Where, How?
  • The objective should always be to provide information and resources and not advice.
  • Shouldn't require details about a specific case.

    Legal Advice

  • It should only be provided by attorneys or accredited representatives
  • Advice about the course of action a patron should take to further their own interests
  • Avoid using: Should, What?
  • Often requires details about the case

Example

If a person wants to receive a driver's license. 

  • An example of legal information would be the steps involve in getting a driver's license.  You should complete a form, need to pass a written test, a vision test, and a driving test.
  • An example of legal advice is giving someone the answers to the written test.

 

Legal Information
(Permitted)

Legal Advice
(Prohibited)

Legal definitions

Legal explanations

Procedural definitions

Procedural advice

Available options

Recommended options

General attorney referral information

Specific referrals to private attorneys

Forms

Completed forms

Instructions on what to write

Advice on what to write

Court rules and protocol

Court strategy

Checking forms for completeness

Checking forms for accuracy

Local legal aid and self-help resources

Representation in court

How do I…?

Should I…?

 

 

Edited 03/05/2025