Can the clerks office give legal advice?
No, pursuant to 28 United States Code 955. A bankruptcy case is a legal proceeding affecting the rights of debtors, creditors and other parties in interest. Pursuant to 28 United States Code 955, the Clerk’s Office staff is prohibited from giving information which may be characterized as legal advice or assisting with preparation of the forms.
A bankruptcy case is a legal proceeding affecting the rights of debtors, creditors and other parties in interest. According to Canon 4(D) of the Code of Conduct for Judicial Employees, Clerk’s Office staff should not engage in the practice of law. Additionally, 28 U.S.C. 955 prohibits Clerk’s Office staff from giving information which may be characterized as legal advice. While there is no precise definition of legal advice, at a minimum it includes (1) acting on a person’s behalf in presenting a claim or defense to a court, and (2) advising a person on the merits of a claim or defense and the state of the law applicable to it.
No, pursuant to 28 United States Code 955. A bankruptcy case is a legal proceeding affecting the rights of debtors, creditors and other parties in interest. Pursuant to 28 United States Code 955, the Clerk’s Office staff is prohibited from giving information which may be characterized as legal advice.
