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Step 3: Identify Potential Solutions

 

Potential strategies for improving pro se/pro bono services are listed below. Courts should consider these strategies in the context of their own legal culture and resources and adapt as appropriate.

1.      Set policy for court staff assistance to litigants.

2.      Systematically revise existing courtroom and jurisdiction-wide policy and practices.

3.      Establish Self-Help Centers to provide accessible assistance to pro se litigants.

4.      Improve the court process for pro se litigants through technology.

5.      Triage services based on needs.

6.      Address literacy and language issues.

7.      Expand pro bono services.

8.      Provide for limited scope representation.

9.      Provide judicial and staff training.

10.    Provide assistance for pro se litigants after a decision.

11.    Conduct program evaluations.

 

1.  Set policy for court staff assistance to litigants.

The development of polices to guide court staff about what information they may and may not provide to litigants has been one of the most effective means of assisting self-represented litigants. A number of states have written policies differentiating legal information and legal advice. Known examples of these policies exist in California, Florida, Idaho, Iowa, New Jersey, New Mexico, Utah, and Wisconsin. Michigan was the first state to address the issue, and chose to create a training curriculum rather than adopt a formal policy. The Michigan Supreme Court approved the curriculum, which won the NACM Achievement Award in 1998, giving it the same authority as a formal policy. New York recently adopted this approach, implementing an official training curriculum on the topic. California prepared a handbook for staff entitled May I Help You?, adopted a sign that is to be used in lieu of any other signage in Clerks’ offices, and broadcasts live video training sessions for all court staff throughout the state. Iowa’s policy includes more than 20 pages of questions frequently asked by self-represented litigants and appropriate answers. The Florida legislature enacted a statute, mandating that “the clerk of circuit … provide ministerial assistance to pro se litigants.” Other states have also followed California’s lead in adopting the facilitator model of one-on-one assistance in which court staff members are specifically designated to provide assistance to self-represented litigants. The CCJ/COSCA Task Force report and Resolution 31 has often been cited in the development of these efforts.

Examples and Resources

 

 

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2.    Systematically revise existing courtroom and jurisdiction-wide policy and practices.

 “A truly self-help friendly court must change not only the processes that lead up to the courtroom, but also the way the courtroom itself is conducted” (Summit on the Future of Self-Represented Litigation, Appendix 2-A: Effective Practices in Pro se Access to Justice Innovation, p. 11). Several process and system changes can be made to better serve the increasing numbers of pro se litigants in the courtroom. Improved processes and forms, a redefined judicial role, and the provision of courtroom attorneys are a few key features of an integrated pro se assistance effort.

 

Improved processes and forms. Standardizing and simplifying processes and materials is a critical first step in creating a more universally beneficial court environment. Detailed forms, written instructions, and educational workshops based on simplified, standardized procedures allow self-represented litigants to become more fully prepared and develop more accurate expectations of the hearing process. The San Francisco County Superior Court’s ACCESS self-help project, for example, arranges for a consolidated pro se case calendar so litigants may attend a 1.5 hour workshop on the settlement process, possible options, and other information the day of their hearing. Other courts that have become more proactive in specialized case calendaring and case management include the Fourth Judicial District Court in Hennepin County, Minnesota; Montgomery and Prince George’s Counties in Maryland; Maricopa County in Arizona; and Alameda and Los Angeles Counties in California.

 

Judicial role. The boundaries of judicial neutrality also need to be clarified in the face of increasing numbers of pro se litigants. Many judges still fear that providing self-represented litigants with information or guidance in court violates or compromises judicial neutrality and impartiality. However, unless judges conduct proceedings in a manner that affords self-represented litigants some measure of special attention regarding rules, process, procedure, and submission of evidence, the full facts of the case will likely not be heard. This would particularly bias a case in which only one party is self-represented. Judicial neutrality, in essence, requires directive action in cases with one or more self-represented parties (see Zorza, 2004, in Examples and Resources, below). Rephrasing the authoritative Code for Judicial Conduct may help eliminate or attenuate the concern judges have regarding this matter, reassuring them that directive action is often necessary for a fair trial in pro se case hearings. The Minnesota judicial branch, for example, has created guidelines for the handling such cases.

 

Self-help attorneys. Trained, volunteer attorneys can be stationed in the courtroom to help guide self-represented litigants and facilitate and expedite court hearing processes. By conducting a “readiness review” of self-represented litigants prior to their appearance, attorneys can identify litigants with crucial missing paperwork, incomplete forms, or who are otherwise improperly equipped for a hearing. Attorneys can help pro se litigants finish preparations for simple matters in time for their hearing. If more extensive assistance is required or if the issue is more complex, attorneys may refer pro se litigants to the self-help center (see Establish Self-Help Centers to provide accessible assistance to pro se litigants, below.) or to full or unbundled legal services (see Provide for limited scope representation, below). Caution should be exercised, however, to ensure that the program structure makes appropriate services available to all, and does not favor one side over the other. Furthermore, pro se litigants cannot reasonably be expected to prepare effective post-hearing written orders or judgments typically handled by legal counsel. Again, a system of self-help attorneys may help bridge this gap by preparing such orders and judgments for the self-represented.

Examples and Resources

 

Standardization

     Judicial role

 

Self-help attorneys

   

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3.    Establish Self-Help Centers to provide accessible assistance to pro se litigants.

Self-help centers are invaluable centralized resources for self-represented litigants that collectively offer a wide range of services. According to Rasnow (2005a), the most effective self-help center programs have an easily accessible main hub located adjacent to the filing clerk’s office in the courthouse, with branch centers reaching communities in need. A mobile self-help unit, equipped with computer terminals, internet access, forms, informational materials, and assisting staff, could also provide assistance to self-represented litigants in underserved areas on a rotation basis (for links to programs in California and Georgia, see Examples and Resources, below). Additionally, some states (like Minnesota) provide users with information on public transportation to increase the self-help center’s perceived accessibility in the community. In some jurisdictions, however, a physical self-help center is implausible. For example, Alaska’s geographical scope and inclement weather prompted the state to establish an assistance program that successfully provides information and services almost entirely via telephone, the Internet, and email.

Rasnow’s (2005b) best practices indicate that physical facilities should be equipped with several important features: multilingual signage; signage and intake forms disclosing the types of assistance offered (e.g., legal information only; no legal advice provided); work stations for manual form completion; reference libraries; sufficient computer and printing equipment with internet access and form completion programs for the population being served; multimedia stations to view informational films; video conferencing equipment for remote access; program evaluation forms for self-help center users; and a proximal children’s waiting room. Additionally, these centers should be flexible enough to accommodate large groups and families when workshops are conducted. (For more information, see Rasnow, 2005a and 2005b). Although staff members and volunteers without any legal background can assist with daily operations, emerging consensus strongly recommends that the program be supervised by at least one experienced attorney. Ideally, several attorneys and paralegals would be involved with the center to ensure that non-legal staff provides program users with accurate and complete information.

The self-help center may provide information regarding court procedures, how to file pleadings, and what forms to complete. Services may also include internet access to self-help resources and materials (e.g., Nolo.com and LawHelp.org), referral to other community resources such as mediation or unbundled legal services, staff or computer program assistance in forms completion, and a “readiness review” of pleadings prior to filing. Mandatory or recommended educational courses and workshops on common topics may also be offered on-site.

Examples and Resources

   

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4.    Improve the court process for pro se litigants through technology.

Case management and networking. Technological advancements are revolutionizing the internal processes of the court system and legal aid provider programs. More integrated, centralized, real-time case management and networking systems enhance database and registry record accessibility, providing judges and other court staff with complete, up-to-date information needed to track judgments and make decisions (see Alteneder, Genz, Hertz, Hough, Jacobs and Rawdon, 2005, in Examples and Resources, below). The Massachusetts Trial Courts (MassCourts) have implemented a comprehensive case management system that allows more accurate information about the number and types of cases involving self-represented litigants to be obtained. Furthermore, instead of retaining more cumbersome hard copies of manuals, referral lists, and other quickly outdated information, legal aid providers can maintain to-the-minute listings electronically, accessible throughout the network. If checks are necessary to ensure no legal conflicts (e.g., one lawyer providing information to both parties in a case), they can be conducted on a system-wide level much more effectively.

Online payment, e-filing, and forms completion. Efficient e-filing and online ticket and fine payment systems appeal to court users while also reducing court workload (see Paying Fines and Fees Online). Programs available free of charge to courts in California help litigants begin a divorce or paternity case, prepare papers for landlords and tenants in eviction cases, prepare forms for the guardianship of a person or estate, and prepare a small claims action. The Legal Services Corporation’s Technology Innovation Grant Program funded the development of a computer kiosk and web-based legal services system designed to provide convenient and effective access to vital legal services for lower-income court users. This Interactive Community Assistance Network (I-CAN!) program can create properly formatted pleadings, provide court tours, and educate users on the law and steps needed to pursue their matter in court (for more information and links to existing I-CAN! legal projects, see Examples and Resources, below). EZLegalFile.org, another California innovation, similarly assists users in filing or responding to family law, small claims, unlawful detainer, domestic violence and guardianship case paperwork. Several states, such as California, Indiana, Maryland, and Montana, utilize the relatively inexpensive and flexible HotDocs platform to assist litigants in completing declarations, agreements, and attachments to Judicial Council forms (for more HotDocs information and links, see Examples and Resources, below). Interactive Court Forms are also available on court websites so users can access and complete forms without necessitating a trip to the courthouse.

Telephonic- and internet-based assistance. In addition to making the active court process easier for self-represented litigants and court staff alike, technological innovations have also helped expand educational public outreach efforts and increase public access to the courts and court information. Legal hotlines provide the self-represented litigant with immediate access to free, brief legal advice from attorneys (for examples, see AARP’s listing of Legal Hotlines and Washington’s CLEAR legal hotline project). Self-help websites provide around-the-clock access to instructions, forms, referral lists, and other information, which can be reviewed at the user’s leisure and from remote locations (see links to Alaska, California, Illinois, Minnesota, New York, Georgia, and Washington legal assistance websites in Examples and Resources, below). The communicative capacity of the web also allows self-represented litigants to obtain real-time assistance from self-help staff or attorneys with document preparation, website navigation, and other issues (such as LiveHelp and LiveJustice).   

Educational workshops and videoconferencing for pro se litigants. Mandatory or recommended multimedia educational workshops can provide self-represented litigants with more personal instruction and informational assistance (see sample workshops links in Examples and Resources, below). Instead of simple lectures, workshop instructors can utilize videos and PowerPoint presentations to more efficiently and consistently present the material. Also, pro se litigants in attendance may more effectively retain information presented in such a mixed format. Videoconferencing technology may also be incorporated, allowing instructors to present a workshop in multiple locations simultaneously. This may be especially useful in reaching remote rural sites. The interactive capability of videoconferencing makes personalized assistance with forms completion, document preparation or question-answering possible despite barriers of geographical distance or inclement weather.

For links to technological assistance providers or further guidance in expanding services and outreach through technological innovations, see “Technological assistance and guidance for courts and legal aid providers,” the last category listed under Examples and Resources, below.

Examples and Resources

Case management and networking

  • Alteneder, K., Genz, M., Hertz, M., Hough, B., Jacobs, H., & Rawdon, G. (2005, March). Paper seven: The role of technology in the access solution. Paper presented at the Summit on the Future of Self-Represented Litigation, Chicago, IL.

  • The MassCourts Project Press Release and MAXIMUS Client Success Story article

Online payment, e-filing, and forms completion

Telephonic-       Telephonic- and internet-based assistance

Educational workshops and videoconferencing.

     Technological assistance and guidance for courts & legal aid providers

 

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5.    Triage services based on needs

The most effective legal assistance program is equipped with efficient triaging procedures that direct self-represented users to the help they need and reduce improper filings. For example, such programs are structured to immediately identify the complexity of legal matters, whether the litigant is capable of self-representation, and whether the case involves family violence or abuse (see Greacen, 2005). That is, most pro se litigants may be capable of pursuing simple legal matters in court, but only those with more advanced legal understanding and ability may be competent enough to self-represent in moderately complex cases. Complex cases or litigants with mental illness, retardation, language barriers, or other restrictions that may hinder their ability to self-represent may require legal counsel or additional services. Court programs that provide complete sets of multilingual materials, bilingual legal aid staff, and court interpreters may provide the level of service needed to accommodate linguistic minority pro se populations satisfactorily (see Address literacy and language issues, below).  Finally, abuse cases may need immediate attention and guidance to protect against power imbalances and intimidation.

The most Staff members may require procedural training for in-person triaging. In lieu of formal training, detailed scripts may be followed for telephone intake. Forms completion programs, such as EZLegalFile, I-CAN! and HotDocs, can serve a triaging function as well, guiding users through appropriate steps and forms (see Improving the court process for pro se litigants through technology, above).

Examples and Resources

 

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6.    Address literacy and language issues

The average citizen should be able to easily understand court forms and procedures. Courts can reduce the complexity of the law and procedures for pro se litigants by simplifying steps and modifying forms. California, for example, has published Plain Language Works for Pro Per Litigants, which provides tips for creating “plain language” court forms that are easier for low-literacy litigants to read and understand. Forms and entire websites can also be translated into different languages for jurisdictions with non-English speaking communities. For example, Alaska and California have developed entire Spanish-language versions of their self-help websites. The North Carolina Court System website includes a searchable database of judicial forms in English or Spanish. Finally, websites can incorporate screen readers for visually impaired and illiterate populations. The Superior Court of California, Contra Costa County self-help website includes streaming video and audio in several languages for self-represented litigants seeking orders of protection.

To assist courts in addressing literacy and language issues, some professional organizations offer training workshops on how to write in plain language and provide translation services for forms, instructions, or other documents (for an example, see Transcend). Courts unable to consult with professional organizations due to funding constraints may want to consider establishing a Supreme Court standing committee to manage the process.

Additionally, courts and legal aid providers in jurisdictions with larger non-English-speaking communities may want to recruit bilingual staff and volunteers. For example, San Francisco Superior Court’s ACCESS self-help program hires bilingual staff to translate materials offer assistance to users in their native language. The collaborative efforts of the East Bay Asian Consortium, the Alameda County (CA) Bar Association's Community Projects Committee, and Family Bridges, Inc. brought the Legal Language Access Project to fruition, facilitating language access between local low-income linguistic minorities and the legal community.

Examples and Resources

 

 

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7.    Expand pro bono services

Pro bono legal services include (but are not limited to) the voluntary provision of legal services to low-income individuals who are otherwise unable to obtain representation on their own, without expectation of compensation. Many firms have attorneys who take cases on a pro bono basis. In larger firms, pro bono coordinators usually conduct the intake and assign the case. Firms may focus on a select type of case or restrict services to a particular local area. Independent pro bono programs also are available in some areas. These are freestanding programs or are associated with bar associations or other entities that do not receive LSC funds.

Low bono legal services accommodate people who cannot afford to retain a lawyer but who do not qualify for legal services. A range of services falls under the "low bono" umbrella, including one-time referrals or assessments provided for a set fee, legal seminars for the public on a certain issue, such as divorce, firms providing assistance for a reduced fee to clients who meet certain economic standards, and legal assistance programs for specially situated people, such as the elderly. (For more information, see Provide for limited-scope representation, below.)

Pro and low bono program and clinic services can be expanded to accommodate the increasing numbers of self-represented litigants. Courts can encourage pro bono activities by:

  • Adopting the ABA Model Rule 6.1

  • Adopting a pro bono resolution

  • Providing free or low cost CLE’s in return for pro bono services

  • Providing loan assistance/forgiveness programs for pro bono attorneys

  • Assisting local legal firms to create a pro bono policy

  • Conducting recruitment campaigns to provide easy access and entry into pro bono service

  • Encouraging judicial leadership and initiating judicially endorsed programs

  • Issuing standardized attorney incentives, such as tax deductions or priority scheduling

Additionally, recruitment tasks have become simplified through the use of database listings and mass e-mailing. Interested attorneys can be directed to an informational website that provides detailed instructions on how to get started in pro bono service, training materials and examples, and reference listings of experienced pro bono attorneys and other resources (for more, see Hertz and Gray, 2005 in Examples and Resources, below). For example, Pro Bono Net serves as a national web-based resource, actively promoting volunteer lawyer service and education. New York has created an online search engine for pro bono opportunities statewide. Finally, the Maryland State Bar Association and the Maryland Legal Services Corporation collaborated to create the state’s Pro Bono Resource Center online, offering users resources, volunteer opportunities, training programs, and breaking news in the field.

Furthermore, videoconferencing, telephonic, and other internet innovations allow attorneys to work from remote locations (see Improving the court process for pro se litigants through technology, above). Several states are adopting the hotline approach to providing legal advice and information. For example, Hawaii’s Domestic Violence Clearinghouse and Legal Hotline (DVCLH) provides legal assistance and advocacy for the state’s victims of domestic abuse. California’s Senior Legal Hotline provides free legal advice and brief services via telephone or e-mail. Informational materials are available to download directly off of their website. The AARP Foundation’s Legal Hotlines website features a directory that allows users to search for legal hotlines by state, service area, funding sources, eligible client profile, hotline type and software.

Examples and Resources