Legal information guide

Many activities make up the practice of law and this guide does not provide a complete list of those activities. [1] Some activities that make up the practice of law are: negotiating legal rights on behalf of another person and giving legal advice. [2] A person who is not a lawyer may create an attorney-client relationship if they engage in the practice of law. [3] When a non-lawyer creates an attorney-client relationship they are at risk of facing consequences.

[1] State of Indiana ex rel. ISBA v. United Financial Systems Corporation, 926 N.E.2d 8,14 (Ind. 2010) citing Miller v. Vance, 463 N.E.2d 250, 251 (Ind. 1984).
[2] State Ex. Rel. Indiana State Bar v. Diaz, 838 N.E.2d 433, (Ind. 2005).
[3] Mayberry v. State, 670 N.E.2d 1262, (Ind. 1996)

When a person practices law without a license they engage in the unauthorized practice of law. The practice of law includes many activities, including giving legal advice. Practicing law without a license has consequences and can be illegal.

IC 33-43-2-1 Engaging in practice by person not admitted

Sec. 1. A person who:

(1) professes to be a practicing attorney;

(2) conducts the trial of a case in a court in Indiana; or

(3) engages in the business of a practicing lawyer;

without first having been admitted as an attorney by the supreme court commits a Class B misdemeanor.

[Pre-2004 Recodification Citation: 33-1-5-1.] As added by P.L.98-2004, SEC.22.

For purposes of this guide, legal advice is applying a person’s legal knowledge to another person’s specific fact pattern. [4]

[4] Directing on matters of general knowledge is not the practice of law. See Charter One Mortg. Corp. v. Condra, 865 N.E.2d 602 (Ind. 2007)

Only lawyers can give legal advice.

Only lawyers can give legal advice because it is one way to protect the public from harm. [5] Lawyers licensed in Indiana go to an ABA accredited law school, pass the bar examination, and swear to abide by the Oath of Attorneys. Lawyers are trained to apply their understanding of court cases, statutes, and other nuances of the legal system to their client’s issue. Among other things, they must abide by the Indiana Rules of Professional Conduct.

[5] See Indiana Rules of Professional Conduct Rule 5.5 Comment 2.

For the purposes of this guide, legal information is general factual information about the law and the legal process.

The law does not limit who can give legal information. Many times, non-lawyer intermediaries, like librarians and case managers, are asked questions about legal concepts and materials. It is important to know the difference between legal information and legal advice so that you can confidently offer help when asked a question about a legal topic.

This guidance is intended to enable non-lawyer intermediaries to provide the best possible service and to provide accurate information without giving legal advice. Some professionals who are not lawyers, like paralegals who are supervised by an attorney or real estate agents, might provide legal help beyond what is outlined here and this guide is not meant to outline the parameters of every profession or every circumstance. Rather it provides guidance to non-lawyer intermediaries who help the public find resources in response to legal issues and want guidance on what legal-related help they can safely give.

If a person does not know what information to provide to a person looking for help, it is always okay to say that they do not know the answer. In many cases the best information to provide to a person with a legal issue may be the recommendation that they seek help from an attorney. A list of free and low-cost legal assistance organizations can be found at Indianalegalhelp.org.

Below is a list of information that non-lawyer intermediaries may give to the public.

1. Information about entities that provide free or low-cost legal help including legal assistance programs, lawyer referral services, alternative dispute resolution programs, unbundled legal services and other places where legal information may be available, such as public libraries and agencies that support victims of domestic violence
2. General explanation of how the court process works. This often includes answers to questions that start with who, what, when, where, or how [6]
3. Direction to or provision of the Small Claims Manual, court rules, the child support guidelines and calculator, the parenting time guidelines, information on legal terminology, state sponsored online legal resources and directories (e.g., mycase.in.gov, e-filing, etc.), and legal research tools
4. Explanation of where to find forms, instructions, and other resources that have been developed to comply with Indiana law
5. If a form is made available on Indianalegalhelp.org and approved by the Coalition for Court Access, assistance in selecting an appropriate legal form based on information provided by the customer, may be given. [7]

6. Review papers for completeness, including checking for signatures and notarization.

[6] in.gov/courts/selfservice/unrepresented/help
[7] In some areas of law, the selection of a legal form is legal advice. State Ex. Rel. Indiana State Bar v. Diaz, 838 N.E.2d 433, (Ind. 2005). But most often the selection of a legal form for another is not considered the practice of law. State ex rel. Ind. State Bar Ass’n. v. Ind. Real Estate Ass’n, 244 Ind. 214 at 220, 191 N.E.2d 711 at 715 (1963).  In order to avoid the need for a non-lawyer intermediary to independently determine whether form selection is legal advice, this section of guidance allows for the selection of a form from a reviewed library. This does not mean that the selection of a legal form from a source other than Indianalegalhelp.org necessarily equates to the practice of law.

Non-lawyer intermediaries may not do the following:

1. Represent a person in court
2. Perform legal research for a member of the public [8]
3. Draft legal documents for another person [9]
4. Lead a litigant/another person to believe that they represent the litigant as an attorney in any capacity
5. Investigate facts of a litigant’s case
6. Provide legal advice [10]
7. Provide legal interpretations of laws, judicial opinions or guidelines
8. Answer questions that call for an opinion about what a person should do—generally questions that start with “would,” or “whether”
9. Advise whether or not a person should file a case or give an opinion about what will happen if a case is brought to court
10. Advise what to say in court
11. Talk to the judge about a case on behalf of another person
12. Tell a person what words to use when creating or completing forms to file in court

[8] Under some circumstances, doing legal research for another without an attorney’s supervision is the practice of law, as is the authoring and serving of legal documents on another’s behalf. State ex rel. Ind. Supreme Court Disciplinary Comm’n v. Taylor, 98 N.E.3d 68 (Ind. 2018).
[9] Id.
[10] For purposes of this guide, legal advice is applying legal knowledge to a specific fact pattern. The Indiana Supreme Court has stated that legal advice is the core element of the practice of law. State ex rel. Ind. State Bar Ass’n. v. Diaz, 838 N.E.2d 433 at 444 (Ind. 2005). Giving legal advice creates an attorney-client relationship and such a relationship can be created by a nonlawyer. Mayberry v. State, 670 N.E.2d 1262, (Ind. 1996)

It is okay to share with a person a court form that is available on Indianalegalhelp.org or another legal resource, and to inform them about a court process.

Question: Am I able to evict my tenant who is causing me a lot of trouble and didn’t pay rent yesterday?

Can provide legal information like in the following sample response:

I don’t know if you will be successful in evicting your tenant, but in general an eviction is usually filed in Small Claims Court. Notice of Claim form starts the formal eviction process in Small Claims Court. To file in Small Claims Court the Notice of Claim can be found at Indianalegalhelp.org or you may want to check the website of the court you plan to file in. Once the form is complete it will need to be filed with the court.  It might help to review the Small Claims Manual to learn more about tenant and landlords rights and responsibilities.

You might have the option to file in a different court if you want to. I don’t know which option is best for your situation, but an attorney would be able to help you understand all your options.

It is not okay to offer an opinion on whether something is legal, or whether someone has a claim or case. But it is okay to provide information that might help a person find an answer.

Question: My landlord sent me an eviction notice and said I have to be out tomorrow. Is that legal?

Can provide legal information like in the following sample response:

In general, removing someone from a rental property requires a formal court process. Usually, the Landlord files a Notice of Claim and the Tenant gets a copy of the notice which tells them when to go to court. If you missed a court date it might help to call the court. It might also help to review the Small Claims Manual to learn more about tenant and landlord rights and responsibilities.

Indianalegalhelp.org has a list of clinics and legal assistance organizations that might be able to help. You can look for court filings against you at mycase.IN.gov.

It is okay to use the information a person shares to direct them to a form on Indianalegalhelp.org. Indianalegalhelp.org does not have a form that will fit every situation. It is best practice to share where a person might find free or low-cost legal help when they are looking to file a document in court.

Question: I need to change my child support and need a form. Can you tell me which one to use?

Can provide legal information like in the following sample response:

Based on what you have shared you need to change, or modify, your child support. There are modification forms and a list of legal help organizations on Indianalegalhelp.org. I can help you find the form and the list of organizations.  

Many times it is helpful to a person if others review court forms. Making note of whether a form is complete or is missing information can be helpful.

Question: I’ve completed this set of legal forms. Can you look at them and tell me if they are right?

Can provide legal information like in the following sample response:

I’m happy to look over them to see if I see something missing. I won’t be able to tell you if they are “right”, but I can point any areas where I see missing information.  

Just like a person who is not a licensed attorney cannot stand in front of a judge to represent someone else, they cannot tell a person what to write to a judge.

Question: This form asks me to explain my situation, but I’m not great with words. Can you tell me what to say?

Can provide legal information like in the following sample response:

It’s important you tell the court your story in your own words. I can’t tell you what to say to a court. Legal clinics, legal assistance organizations, and other resources are listed on indianalegalhelp.org.

It is okay to guide someone to a legal resource. It is important to mention that legal help is available in their area to those who qualify.

Question: My case number is ______________ and I don’t know what to do next. Can you help me?

Can provide legal information like in the following sample response:

I cannot tell you what to do next in your case, but most case information is available on mycase.IN.gov. It might help to look up your case there to see what has been filed.

Legal assistance organizations and other resources are available on Indianalegalhelp.org.

When a person needs legal help, they often ask questions that cannot be answered by someone who is not a lawyer. They often need legal advice. But there are several things that can be done to help someone who has a legal question to help make their way through a court process.

1. Listen closely to what is being asked.
2. Clarify what is needed. Sometimes a person needs help organizing their thoughts or clarifying the questions they need answered.
3. Encourage a person to read through any papers they have from the court and look up their case status on mycase.IN.gov if they have one.
4. Recognize that people look for legal help when they have added life stress. Even court proceedings that may have a positive outcome can be stressful.
5. Give information when you have it, but recognize it is okay to say I don’t know. No information is better than bad information.