Stoid
July 30, 2010, 3:30am
23
**
**Well, except for the part where I never asked for anyone’s advice about a single thing. Note how the examples given tend to include “what should i…?” constructions.
I have sought information, not advice. There is a difference, Doper lawyers’ passionate convictions notwithstanding.
From the American Judicature Society:
Legal information vs. legal advice
Finally, the article suggested 11 guidelines for staff to use in responding to questions. The first six are positive statements. All staff are expected to perform the following tasks:
Provide information contained in docket reports,** case files**, indexes and other reports.
Answer questions concerning court rules, procedures, and ordinary practices. Such questions often contain the words “Can I?” or “How do I?”
Provide examples of forms or pleadings for the guidance of litigants.
Answer questions about the completion of forms.
Explain the meaning of terms and documents used in the court process.
Answer questions concerning deadlines or due dates.
The last five are negative statements. In providing information, staff will not:
Give information when you are unsure of the correct answer. Transfer such questions to supervisors.
**Advise litigants whether to take a particular course of action. Do not answer questions that contain the words “Should I?” **Suggest that questioners refer such issues to a lawyer.
Take sides in a case or proceeding pending before the court.
Provide information to one party that you would be unwilling or unable to provide to all other parties.
Disclose the outcome of a matter submitted to a judge for decision until the outcome is part of the public record, or until the judge directs disclosure of the matter.
The positives = information
The two issues that were discussed at length in regards to the issue of this thread were first, the meaning of the legal concepts of “findings of ultimate fact”, and whether any of the lawyers I had talked to in real life (not here) had ever encountered a particular thing happening in a case - which I did not explain here at the time but I did explain to the lawyers in question: have you ever seen a receiver have to disgorge his fees when a case has been reversed? I framed it as bunnies and pancakes here. But it’s clearly information, not advice.
The article above is about court personnel - but the concept of “advice” vs. “information” is the issue. There is a difference. I never asked for advice.
FTR: so long as people persist in mischaracterizing the facts about me, I will persist in correcting them, before anyone launches into “Oh stoid…!” stuff.
ADDITIONAL CITATIONS
The West Virginia Supreme Court and Court of Appeals Poster:
The court staff can give legal information.
® How do I request a hearing?
Stoid:
**
**Well, except for the part where I never asked for anyone’s advice about a single thing. Note how the examples given tend to include “what should i…?” constructions.
I have sought information, not advice. There is a difference, Doper lawyers’ passionate convictions notwithstanding.
From the American Judicature Society:
Legal information vs. legal advice
Finally, the article suggested 11 guidelines for staff to use in responding to questions. The first six are positive statements. All staff are expected to perform the following tasks:
Provide information contained in docket reports,** case files**, indexes and other reports.
Answer questions concerning court rules, procedures, and ordinary practices. Such questions often contain the words “Can I?” or “How do I?”
Provide examples of forms or pleadings for the guidance of litigants.
Answer questions about the completion of forms.
Explain the meaning of terms and documents used in the court process.
Answer questions concerning deadlines or due dates.
The last five are negative statements. In providing information, staff will not:
Give information when you are unsure of the correct answer. Transfer such questions to supervisors.
**Advise litigants whether to take a particular course of action. Do not answer questions that contain the words “Should I?” **Suggest that questioners refer such issues to a lawyer.
Take sides in a case or proceeding pending before the court.
Provide information to one party that you would be unwilling or unable to provide to all other parties.
Disclose the outcome of a matter submitted to a judge for decision until the outcome is part of the public record, or until the judge directs disclosure of the matter.
The positives = information
The two issues that were discussed at length in regards to the issue of this thread were first, the meaning of the legal concepts of “findings of ultimate fact”, and whether any of the lawyers I had talked to in real life (not here) had ever encountered a particular thing happening in a case - which I did not explain here at the time but I did explain to the lawyers in question: have you ever seen a receiver have to disgorge his fees when a case has been reversed? I framed it as bunnies and pancakes here. But it’s clearly information, not advice.
The article above is about court personnel - but the concept of “advice” vs. “information” is the issue. There is a difference. I never asked for advice.
FTR: so long as people persist in mischaracterizing the facts about me, I will persist in correcting them, before anyone launches into “Oh stoid…!” stuff.
ADDITIONAL CITATIONS
The West Virginia Supreme Court and Court of Appeals Poster:
The court staff can give legal information.
® How do I request a hearing?
I am not afraid to say, that I saw a defense coming from stoid. I predicted this.
smoke
July 30, 2010, 6:39pm
25
I’ve thought the saga itself was fun to follow, but is she supposed to lie down while she gets shit on? Besides, it looks like the distinction definitely exists, regardless of whether what she actually asked for was advice or information.
I was going to ask, “Who’s stoid?” Now I realize I don’t want to know.
BigT
July 31, 2010, 10:04am
27
I wouldn’t pat yourself on the back too hard. I’m pretty sure she’s the only poster in this thread identified by name. She was basically called out. I’m pretty sure any doper would defend themselves in that position.
As for the OP: I guess I don’t pay attention enough.