YIKES! SRLs!

1. YIKES! SRLs! Help Is On The Way: Some Pro Se Solutions

2. The Premise It’s a very bad idea to go to court without a lawyer.

3. The Numbers Only 20-25% of the civil legal needs of low-income and poor Texans are being met.

4. More Numbers • Some estimate pro se divorce filings as high as 45% (Bell and Lubbock Counties) • Harris County – over 30% of new filings in 2008 were pro se

5. Anecdotal Evidence • Current financial crisis leading to even higher numbers of Self-Represented Litigants (SRLs) • Takes at least 60 minutes of staff time for each SRL

6. The Problem

7. The Pro Se Challenge Pro Se litigants can: • Slowdown the process • Burden courts and staff • Increase costs • Create ethical problems

8. This session will help you Learn possible solutions to the pro se challenge Find helpful resources

9. The Legal Framework • Tex. R. Civ. P. 7 – “Any party…may appear…in person…” • Mansfield State Bank v. Cohn, 573 S.W.2d 181 (Tex. 1978) – Pro se litigants must comply with same rules as attorneys

10. Ethical Considerations • Canon 2A: “A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” • Canon 3B(4): “A judge shall be patient, dignified and courteous to litigants…” • Canon 3B(5): “A judge shall perform judicial duties without bias or prejudice.”

11. Ethical Considerations Canon 3B(8): “A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law…A judge shall require compliance with this subsection by court personnel subject to the judge’s direction and control…”

12. 5 Areas of Innovation

13. Forms Designed for people who aren’t lawyers • Written in plain language • At a 5th grade reading level • Accompanied by instructions

14. Forms • Save court money • Save time • Improve court effectiveness • Increase public trust and confidence in neutrality of the courts Impact on Courts

15. FormsMandatory Acceptance

16. Staff Training The Courthouse To You The Courthouse To SRLs

17. Staff Training CLERKSCANNOT GIVELEGAL ADVICE

18. Staff Training What happens with a vague standard? • Less information • Inconsistent practices • Unequal treatment

19. Staff Training “Legal Information vs. Legal Advice: Guidelines and Instructions for Clerks and Court Personnel Who Work with Self-Represented Litigants in Texas State Courts” www.txcourts.gov/oca

20. Staff TrainingWhat Clerks and Coordinators Can and Cannot Do (Sample) We can: provide information about procedural options. We cannot: recommend particular procedures for your case.

21. Staff Training What you can do • Make sure personnel get training. • Let personnel know you support them. • Back them up if there are complaints about giving advice. • Talk about providing accurate legal information whenever you can.

22. Self-Help Services • Initial assessment • Referrals • Forms & instructions • One-on-one assistance • Review of pleadings for completeness • Clinics & workshops

23. Self-Help ServicesModels • Court-based self-help center • Courthouse concierge desk • Self-help websites • Video-conferencing to remote areas • Mobile self-help centers • Library/workstations

24. Self-Help ServicesImpact on Courts • Enhanced court efficiency • More appropriate documents and better preparation • Better information for decisions • Improved trust and confidence in the legal system

25. Limited Scope Representation Attorney provides specific legal services instead of handling the whole case.

26. Limited Scope Representation Is it ethical? Yes. Texas Disciplinary Rule of Professional Conduct 1.02(b) states, “ A lawyer may limit the scope, objectives and general methods of representation if the client consents after consultation.”

27. Limited Scope Representation • Advice only • Document review • Document preparation • Correspondence preparation • Settlement negotiations • Appearance at a single hearing

28. Limited Scope RepresentationBenefits • Courts • Increased judicial efficiency • Fewer SRL appearances • Better prepared litigants • Self-Represented Litigants • Reduced cost of legal assistance • Greater access to legal services • Attorneys • New market of litigants • Focused (more enjoyable) practice

29. Limited Scope Representation Lawyer Referral Service of Central Texas • Panel of family law attorneys • Training for attorneys • Easy-to-understand pamphlet • Client contract templates

30. Court Operations Signage • Orient litigants on arrival • Size • Fonts • Colors • Language

31. Court Operations Simplify Rules and Procedures Reduce number of steps, documents, & procedures Make remaining procedures as simple as possible Provide how-to’s and reasons for procedures that can’t be simplified

32. Court Operations Use Checklists and Brochures About: • Court procedures • Major legal issues Using: • Plain language • Large type versions

33. Court Operations SRL Information on Court Website Procedures Brochures Checklists Scripts Links to resources

34. Court Operations Use Court Staff to: • Check-in SRLs and give handouts • Provide information on what to expect • Review file for completeness and tell SRL if something missing • Prepare judge

35. Court Operations Specialized Pro Se Dockets Benefit • Courts and staff • Litigants • Attorneys

37. Collaboration • The Bar • Legal Aid and Other Nonprofit Legal Services Programs • Pro Bono Programs • Law Libraries & Public Libraries • Community & Social Service Organizations • Law Schools • Community & Private Mediation Programs • Attorney General’s Child Support Division • Domestic Violence Organizations

38. Collaboration • Make sure all groups are involved and engaged • Recognize each group has different needs • Provide ongoing leadership • Make resources available for practical follow-up

39. Collaboration Models for Providing Legal Assistance Through Collaboration • Court-based self-help centers • Assisted pro se clinics (with or without advice) • Limited scope representation • Pro bono full service representation

40. Collaboration Lubbock Access to Justice Assessment • Signage • Self-help resources on web page • Clerk’s office handouts with referral information • Monthly pro bono clinics hosted by Legal Aid of NorthWestTexas • Night court project at law school

41. Collaboration Lubbock Stakeholders • Law professors from the civil practice clinic • Legal aid attorneys • Private attorneys • Judges • Court Administrator • District Clerk • Law Librarian

42. Collaboration • Lubbock Work Groups • Uniform protocol for scheduling SRL cases • Train courthouse staff on legal information versus legal advice • Produce a video for SRLs • Online document assembly program • Limited Scope Representation

43. Resources You don’t have to reinvent the wheel!

45. National source of information on self-represented litigation. Includes Best Practices Manual and National Bench Guide. Operated by National Center for State Courts.

46. Contact Katie Bond Office of Court Administration (512) 463-1461 Katie.Bond@txcourts.gov Trish McAllister Texas Access to Justice Commission (512) 427-1862 Trish.McAllister@texasbar.com

47. Discussion