What role does the clerk play regarding advice of counsel or attorney statements?

• A. The clerk can provide legal advice to the party.
• B. The clerk requires proper authorities and may forward documents to the judge; the clerk does not provide legal advice.
• C. The clerk can decide the case.
• D. The clerk can deny all attorney statements.

Answer: (B)

In the Surrogate’s Court, the clerk’s job is to handle procedures, not to offer legal opinions. When a party or their attorney submits a statement or “advice of counsel,” the clerk must ensure that the submission is authorized by the attorney of record and complies with formal filing requirements. The clerk then docketes and forwards the document to the judge to be considered as part of the record. The clerk does not give legal advice, interpret the merits of the case, or make any rulings—those responsibilities belong to the attorney and, ultimately, to the judge.