Legal Question in Constitutional Law in California

to give legal aid or not?

I woould like to know if a court employee and/or judge can help me with my legal work? because sometimes i need some help. afterall they work in court so they should have not a problem with knowing what the law is . if a court employee and/or judge cannot give me legal advice or help , what law is it that says so?


Asked on 10/22/01, 2:20 am

3 Answers from Attorneys

Robert Restivo Restivo Law Firm

Re: to give legal aid or not?

The previous answers were a bit cursory, I think.

Court employees, for the most part, aren't attorneys; they're secretaries, file clerks, etc. Because they're not attorneys, they're not allowed by law to give legal advice. As previously stated, that's practicing without a license.

Judges are attorneys. However, as stated, because of their position, they cannot advise specifically on a particular issue. If a judge did, he'd ethically have to recuse himself (step aside, and not hear the case) because he'd create a conflict of interest.

Many courts have advisors (for Small Claims or Family Law, for instance). Some law schools also offer legal assistance to give the students practice.

And, many attorneys will give you a free consultation.

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Answered on 11/25/01, 1:46 pm
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: to give legal aid or not?

The court is not permitted to offer advice. The court can't favor one side over the other.

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Answered on 11/22/01, 11:46 am
Ken Koury Kenneth P. Koury, Esq.

Re: to give legal aid or not?

It is a crime for them to do so. it is called practicing law without a license.

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Answered on 11/22/01, 2:31 pm


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