disconcerting disclaimers
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One day after Carolyn Elefant decried the overuse of disclaimers by lawyers (Inside Opinions, “Disclaimers: A Panacea or a Mindset We Ought to Avoid?,” Oct. 10, 2006), agreeing with Ernie the Attorney on the subject, SelfHelpSupport.org pointed to a Disclaimer being used at the Self-Help Center of the Minnesota Judicial Branch. After being told on the Home Page that [emphasis in the original] “You are strongly encouraged to speak with an attorney licensed to practice law in Minnesota to get advice on your legal issue,” persons seeking assistance from the Minnesota courts’ Self-Help Center are referred to the formal Disclaimer, which says, among other things:
There is no attorney-client privilege of confidentiality of any information exchanged by a visitor and the Self-Help Center.SHC staff are not responsible for the outcome of your case.
While court staff attempt to keep the information on this website up to date, the SHC makes no claim as to the accuracy of this information and is not responsible for any consequences that may result from its use.
If you are unsure whether information on this site will be helpful to you, speak with an attorney who is licensed to practice law in Minnesota.
Not exactly encouraging for the self-helper. If nothing else, I sure hope that any court offering a self-help center considers it a duty to keep the information up-to-date and accurate, and refrains from punishing a person who acts in reliance on the information.
Poking around their Self-Help Center website, I see that the Minnesota courts have a form called Rights and Duties of Self-Represented Parties, that must be signed under oath by any one appearing without an attorney. The pro se litigant must agree that “I have read and understand my rights and duties. I am filing this lawsuit in good faith and I believe I am justified by law in bringing this action.”
Our Disclaimer Disclaimer. I don’t buy the notion that all disclaimers are silly and make lawyers look “mealy-mouthed.” If a disclaimer helps the public understand an important point that otherwise would likely have been missed or misunderstood by a significant number of people, it is worthwhile and maybe even necessary. On the other hand, if a disclaimer is used by a person or organization in an attempt to be excused for his-her-its sloppiness or unwillingness to make a commitment or take responsibility, then Carolyn’s “mealy-mouthed” accusation is warranted. 
