New explanatory article by Ayn Traylor Sadberry on why Court Clerks cannot give you legal advice

Many people who for one reason or another end up in Court do not have the financial means to consult with, or hire, a lawyer. Their first point of contact with the Court is in many cases the Clerk's office.
By: Law Offices of Ayn Traylor-Sadberry, P.C.
Profile of Ayn Traylor Sadberry on Solomonlawguild
Profile of Ayn Traylor Sadberry on Solomonlawguild
BIRMINGHAM, Ala. - Feb. 7, 2019 - PRLog -- In a newly published article, Alabama lawyer Ayn Traylor-Sadberry provides a brief overview of the issues facing pro se litigants and court clerks.

You might have seen in movies where a person being sued runs to the courthouse, is sent from one desk to another, and finally one merciful court clerk with large, horn-rimmed librarian glasses, reveals the legal strategy that ends the legal quagmire. But that happens only in the movies.  In real life, court clerks are not allowed to dispense legal advice. That can make life more difficult for any pro se litigant, and burdens the legal system as a whole.

That clerks cannot provide legal advice in Alabama is prominently stated in documents and on websites. See, for example, "By law, the appellate and library staff cannot provide legal advice," (Website of Alabama Appellate Courts,; "The court clerk cannot give any legal advice … You should ask a lawyer to explain your legal rights to you. The court clerk cannot give you legal advice. …" (Information Sheet of Legal Services Alabama).

A 2009 Report by the Alabama Access to Justice Commission (Christina Llop, Esq.) notes that "Judges and clerks find consistent problems with self- represented parties expecting them to provide legal advice, failing to understand rules of procedure and evidence, failing to bring necessary witnesses and evidence to court, and refusing to accept the court's rulings. In fact, Judge Jack Lowther expressed the same frustration heard from judicial officers around the nation: having to rule against a self-represented litigant not because they did not have a strong and possibly winning case, but because they did not know how to prove their case or their damages. The result, apart from the significant potential for failure to find redress for legitimate legal claims, is wasted judicial and staffing resources." (Report, page 10).

Thus, one of the Report's recommendations is to "Create clear statewide definitions of legal information and legal advice and guidelines applicable to clerk offices." Another recommendation, to assist those in need of legal advice, is to "Establish a pilot self-help center in Jefferson County's District and Circuit Courts." See

In 2002, the Judicial Council of California addressed this issue with a form called "MC-800, Court Clerk's Office: Signage" that allows court clerks to offer specified assistance to court users. See "May I help you? Legal Advice vs. Legal Information" (2003 by Judicial Council of California/Administrative Office of the Courts). The brochure issued by the California Judicial Council explains "that The Code of Ethics for the Court Employees of California requires you to 'furnish accurate information as requested in a competent, cooperative, and timely manner' but to avoid 'giving legal advice.' You may already know that you are not supposed to give 'legal advice' to court users. … As a result, when people ask questions where the line between legal information and legal advice is blurry, you may avoid giving appropriate information about court procedures because you don't want to violate the Code of Ethics.

Now that you know what information you can get at the court from the court clerk, you can ask the right questions and not get twisted in circles, visiting one department from another. Keep in mind, you might not always get the information you are seeking, so be patient and ask for further directions rather than getting frustrated and breaking any rules and regulations.

It seems this issue will continue. Legal self-help centers (as suggested in the Report by the Alabama Access to Justice Commission, cited above), flexible payment plans offered by attorneys, and allowing paralegal professionals to provide limited representation (as proposed in some other States) may provide some relief.

*** Ayn Traylor-Sadberry is a domestic relations & family law attorney in Birmingham, Alabama.
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Law Offices of Ayn Traylor-Sadberry, P.C.
Birmingham, Alabama
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Location:Birmingham - Alabama - United States
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