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July 21, 2008

Court staff receives training in unlicensed practice of law

Submitted

Members of the Third Judicial Circuit Court administration, the Suwannee County Clerk of Courts office and judicial assistants recently received training on the unlicensed practice of law from Monica Rainge of the Florida Bar. The training provided guidelines for facilitating customer service and procedural assistance without giving legal advice.

Court staff, including clerks of court, family law case managers and judicial assistants, are prohibited from giving legal advice because most are non-lawyers and the court system must remain neutral and impartial. Court personnel are not allowed to advise a litigant to pursue a specific legal remedy or to follow a specific course of action.

However, court employees can provide litigants with requested pro se family law forms, explain a routine procedure and engage in limited oral communication regarding specific cases. As long as the information provided is general in nature and does not require a personal judgment it does not constitute the unlicensed practice of law and is permitted.

The Third Judicial Circuit is made up of Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee and Taylor counties.