Practical Applications of Ethics Codes: The Big Bounce – Customer Service and

Practical ApplicationsPractical Applications

of Ethics Codes:of Ethics Codes:

The Big Bounce –The Big Bounce –

Customer Service and Customer Service and

Giving Legal AdviceGiving Legal Advice1 of 17

ObjectivesObjectives

• Become familiar with ethics codesBecome familiar with ethics codes

• Understand why ethics codes are important Understand why ethics codes are important to us as court professionalsto us as court professionals

• Determine how ethics apply to customer Determine how ethics apply to customer service and giving legal adviceservice and giving legal advice

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• A fair and independent court system is A fair and independent court system is essential to the administration of justice in a essential to the administration of justice in a democratic society.democratic society.

• To be a court professional means ethical To be a court professional means ethical conduct that strives to:conduct that strives to:– inspire public confidence and trust in the inspire public confidence and trust in the

courts;courts;– convey impartiality, equity, fairness and convey impartiality, equity, fairness and

integrityintegrity

Are Ethics Important?Are Ethics Important?

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Scenario:Scenario:

The Big BounceThe Big Bounce

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The Big BounceThe Big BounceCodesCodes

NACM Model Code of Conduct for Court ProfessionalsNACM Model Code of Conduct for Court ProfessionalsCanon 1.7 Assisting LitigantsCanon 1.7 Assisting Litigants

A court professional shall be responsive to inquiries A court professional shall be responsive to inquiries regarding standard court procedures, but shall not give regarding standard court procedures, but shall not give legal advice unless it is required as part of one’s legal advice unless it is required as part of one’s official position.official position.

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The Big BounceThe Big BounceCodesCodes

American Judicature Society Model Code for American Judicature Society Model Code for Nonjudicial Court EmployeesNonjudicial Court EmployeesSection Two (f):Section Two (f): Confidentiality Confidentiality

Court employees are not precluded from responding to Court employees are not precluded from responding to inquiries concerning court procedures, but a court inquiries concerning court procedures, but a court employee shall not give legal advice. Standard court employee shall not give legal advice. Standard court procedures, such as the method for filing an appeal or procedures, such as the method for filing an appeal or starting a small claims action, should be summarized starting a small claims action, should be summarized in writing and made available to litigants. in writing and made available to litigants.

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The Big BounceThe Big BounceDiscussion QuestionsDiscussion Questions

• Is being bounced from office to office just the price Is being bounced from office to office just the price that customers pay for coming to court?that customers pay for coming to court?

• Response #1Response #1““Although courts work to be ‘customer friendly’ they Although courts work to be ‘customer friendly’ they

are also increasingly specialized. One result of that are also increasingly specialized. One result of that specialization is that only certain workers have the specialization is that only certain workers have the knowledge and tools to solve an individual’s knowledge and tools to solve an individual’s problems. We don’t want to ‘bounce’ customers, problems. We don’t want to ‘bounce’ customers, but sometimes they have to wait for the right but sometimes they have to wait for the right worker to help them.” worker to help them.” 8 of 17


• Is this being bounced from office to office just the Is this being bounced from office to office just the price that customers pay for coming to court?price that customers pay for coming to court?

Response #2Response #2““Bouncing a customer from office to office should Bouncing a customer from office to office should

never be acceptable and every court in America never be acceptable and every court in America should work to answer a customer’s questions by should work to answer a customer’s questions by the first counter worker or by worker who answers the first counter worker or by worker who answers the phone.” the phone.”

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Was there any different way the clerk could have Was there any different way the clerk could have handled this situation?handled this situation?

•Response #1Response #1““No . Legal advice is a technical concept that few No . Legal advice is a technical concept that few regular citizens understand. The clerk did an regular citizens understand. The clerk did an admirable job of trying to explain the concept to the admirable job of trying to explain the concept to the customer, but in the end we have to accept that it customer, but in the end we have to accept that it may be too complicated for the general public.” may be too complicated for the general public.”

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Was there any different way the clerk could have Was there any different way the clerk could have handled this situation?handled this situation?

Response #2Response #2““Yes . Courts should be trying to find 1) better ways Yes . Courts should be trying to find 1) better ways to describe legal advice to the public, 2) innovative to describe legal advice to the public, 2) innovative approaches to help customers, and 3) policy and approaches to help customers, and 3) policy and legal solutions for just this kind of dilemma that the legal solutions for just this kind of dilemma that the customer found herself trapped in.” customer found herself trapped in.”

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What can the court learn from this situation?What can the court learn from this situation?

Response #1Response #1““We in courts talk a good game about customer We in courts talk a good game about customer

service, but we really don’t do a very good job of it. service, but we really don’t do a very good job of it. Here was an example where the court could Here was an example where the court could analyze what happened to this lady and develop analyze what happened to this lady and develop innovative ways to ensure it never happens again.”innovative ways to ensure it never happens again.”

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Response #2Response #2““Court staff know more about cases and court Court staff know more about cases and court

procedures than the bar gives us credit for procedures than the bar gives us credit for knowing. To prohibit court staff from truly helping knowing. To prohibit court staff from truly helping customers is disservice to the public. The potential customers is disservice to the public. The potential harm outweighs the help we could do..”harm outweighs the help we could do..”

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Response #3Response #3““Court staff need to be better trained on the reasons Court staff need to be better trained on the reasons

behind why giving legal advice is not only against behind why giving legal advice is not only against the law but ultimately unhelpful to the public. The the law but ultimately unhelpful to the public. The reason we are prohibited from giving legal advice is reason we are prohibited from giving legal advice is not just to throw more business to lawyers. We not just to throw more business to lawyers. We could harm someone’s case and possibly their life could harm someone’s case and possibly their life by giving bad advice.”by giving bad advice.”

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Determine what your own Determine what your own answers are to the questions answers are to the questions

asked here.asked here.

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Why Do This?Why Do This?

•It’s the Integrity of the Judicial BranchIt’s the Integrity of the Judicial Branch

•It’s More than Just Personnel RulesIt’s More than Just Personnel Rules

•It’s Not Just Right & Wrong AnswersIt’s Not Just Right & Wrong Answers •It’s Your Job to Make the Code RelevantIt’s Your Job to Make the Code Relevant

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Learn More and Joint the Learn More and Joint the ConversationConversation

Log onto the NACM Website Ethics Page:Log onto the NACM Website Ethics Page:

http://www.ncsconline.org/Nacmethics/

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Documents

Practical Applications of Ethics Codes: The Big Bounce – Customer Service and