Administrative Legal Research vs. Legal Advice: Understanding the Difference Under Wisconsin Law

Introduction

Many individuals encounter legal issues without immediately retaining an attorney. Some are researching statutes, locating court records, reviewing case law, or organizing documents. Understanding the distinction between administrative legal research and legal advice is important because Wisconsin law treats these activities differently.

Wisconsin's Regulation of the Practice of Law

Wisconsin courts possess inherent authority to regulate the practice of law. See State ex rel. Reynolds v. Dinger, 14 Wis. 2d 193, 109 N.W.2d 685 (1961); State v. Schumacher, 144 Wis. 2d 388, 424 N.W.2d 672 (1988). Wisconsin law also prohibits the unauthorized practice of law. Wis. Stat. § 757.30.

What Is Administrative Legal Research?

Administrative legal research generally involves locating, organizing, and presenting publicly available legal information. Examples include:

• Locating statutes
• Locating court rules
• Locating published appellate decisions
• Retrieving public records
• Compiling citations
• Organizing documents
• Creating timelines and chronologies
• Gathering publicly available legal authorities

These activities focus on information gathering rather than legal judgment.

What Administrative Legal Research Does Not Do

Administrative support generally does not include:

• Representing another person in court
• Providing legal opinions
• Applying law to a person's specific facts
• Recommending legal strategy
• Predicting case outcomes
• Advising whether to file a lawsuit
• Advising whether to settle a case
• Advising whether to accept a plea offer

What Is Legal Advice?

Legal advice generally involves applying legal principles to specific facts and recommending a course of action. Examples include:

• "You should file this motion."
• "You qualify for expungement."
• "You should accept this plea agreement."
• "You will likely win your case."
• "You should settle for this amount."

These statements move beyond information gathering and enter the realm of legal judgment.

Administrative Research and Self-Represented Litigants

Wisconsin permits individuals to represent themselves in legal proceedings. Self-represented litigants remain responsible for legal strategy, legal arguments, court filings, compliance with procedural rules, and litigation decisions. Administrative support may assist with locating authorities, gathering records, and organizing documents, but it does not replace legal representation.

Common Misunderstandings

Providing a copy of a statute is generally an information request. Locating appellate decisions is generally a research request. Organizing exhibits is generally an administrative task. Determining whether a person qualifies for a legal remedy may require legal analysis. Recommending legal strategy generally constitutes legal advice.

Research Versus Advice

Examples of activities generally considered research include:

• Locating statutes
• Retrieving appellate decisions
• Gathering court records
• Creating timelines
• Organizing exhibits

Examples that generally require legal judgment include:

• Determining eligibility for legal remedies
• Recommending legal strategies
• Predicting outcomes
• Advising whether to file motions
• Advising whether to accept plea offers or settlements

Why Consumers Benefit From Both Services

Administrative support services and attorneys perform different but complementary functions. Administrative support may assist with information gathering, record retrieval, citation research, and document organization. Attorneys provide legal analysis, legal advice, strategy, and representation.

Practical Considerations

Individuals should ask a simple question: Am I looking for information, or am I looking for advice? Information gathering may be appropriate for administrative support. Legal analysis and representation generally require an attorney.

Conclusion

Administrative legal research focuses on locating, organizing, and presenting information. Legal advice involves applying legal principles to specific facts and recommending a course of action. Understanding the distinction helps consumers obtain assistance from the appropriate professional and promotes realistic expectations regarding available services.

Selected Authorities

• Wis. Stat. § 757.30.
• State ex rel. Reynolds v. Dinger, 14 Wis. 2d 193, 109 N.W.2d 685 (1961).
• State v. Schumacher, 144 Wis. 2d 388, 424 N.W.2d 672 (1988).
• Wisconsin Supreme Court Rules of Professional Conduct for Attorneys, SCR ch. 20.