ATTORNEY/LEGAL ADVICE

                                                    

                                          Frequently Asked Questions: Attorney/Legal Advice

 

Do I need an attorney?

 

An attorney is not required, but it is recommended that you seek legal counsel if you are unsure about any aspect of the procedures.

 

I heard I don't need an attorney because the court will tell me what I need to do.

By law the court staff may not give legal advice, but staff may give forms and explain procedures. 

 

Why can't employees give legal advice?

Only lawyers may give legal advice.  The probate counter staff members are not lawyers and are prohibited by law from giving legal advice (MCL 700.1211). However, they may explain procedure.

 

What is "legal advice" vs. "procedure"?

Legal advice is a recommendation as to what particular action an individual should take given a set of certain circumstances. Only lawyers may give legal advice. Procedure is the step-by-step process an individual follows after it is determined which action is best for the particular circumstances.

  

What documents cannot be signed by the attorney?

The attorney may not sign an acceptance of appointment, inventory, accounts, receipts of distributive share, sworn statements, or bonds (MCR 5.114).