A Guide for Front-line Staff for Informed Referrals to Better Serve the Public SRL Training Trial Court Employee Conference July 17, 2012

“We are too busy mopping the floor to turn off the faucet.” Author Unknown “When the only tool you have is a hammer, every problem begins to resemble a nail.” Abraham Maslow

 To equip staff with information and resources to give helpful and accurate referrals and direction to self-represented litigants  To enable self represented litigants to find information that will help address their legal issues and questions

1. Know who is boss 2. Be a good listener 3. Identify and anticipate needs 4. Make SRLs feel important and appreciated 5. Help SRLs understand our systems or process

6. Appreciate the power of “yes” 7. Know how to apologize 8. Give them more than expected 9. Get regular feedback 10. Appreciate your fellow coworkers

 How much to help ?  Ethical challenge for judges  Very little guidance  Ambivalence in the courts  Supreme Court favors offering support

All courts shall be open

Every person shall have remedy of law

Justice shall be administered

It is not a violation for a judge to make reasonable accommodations Judicial Canon 2.2

 Pro se= Self-Represented Litigant (SRL)  A person who represents him/herself in a legal matter; acting on his/her own behalf  In 2011, there were 14,033 Pro Se litigants out of 37,822 DR cases filed. (about 1 out of 3)  85% increase in SRL cases from

1. The _______________ of litigation. 2. _______________ sentiment expressed from centuries, even before Shakespeare’s time. 3. The growth of ___________ business and self-help books, computerized forms, and products available via the Internet. Do-it-yourself Anti-lawyer Cost

 Legal Information…is a written or oral statement that describes and explains court procedures, the law, legal terminology and options available to court users without interpretation, reference or application to a specific, actual or potential case or situation. Generally, questions seeking legal information start with words like “who”, “ what”, “when”, “where”, or “how.” Also seeks facts about the law or legal process.  Legal Advice…is a written or oral statement that applies or interprets the law as it relates to an actual or potential case or situation and /or recommends a specific course of action for the case or situation. Generally, questions seeking legal advice contain the words “should I” or “whether,” or asks for an opinion about what a litigant should do.

Does the caller need legal information to proceed pro se? YES. The caller needs legal information and is proceeding pro se. Self-service legal center Family law FAQs Family Matters DVD Child support hotline Indiana Legal Services website Pro Se Directory NO. The caller needs legal advice. Does the caller need brief advice or ongoing representation? BRIEF ADVICE IBA legal line and Talk To A Lawyer in other counties Indiana Legal Services ONGOING REPRESENTATION Is the caller asking for free legal representation ? YES, the caller is requesting free legal assistance. Indiana Pro Bono Commission Indiana Legal Services and county legal aid programs NO. The caller needs help finding an attorney to hire. Indiana State Bar Association or County bar association lawyer refferal service or county bar Created by Monica Fennell, Executive Director, Indiana Pro Bono Commission

 I need to file a motion for extension of time to file my papers. Does the court have a rule about that?  What are my rights?  My wife and I just moved to Indiana and we want to get a divorce as soon as possible. Where do we start?

Start by reducing the complexity and use a little HEAT  H– Hear them out  E—Empathize  A—Ask/Answer questions  T—Take responsibility for assisting

 Less is more  Listen with empathy  You are the “face/voice” of the organization  They have a need, you have the resources  Efficiency: getting them to the resource

 Resource List  Indiana Justice Center.org  Family Matters Video  Local Bar Association  FAQs  In what county do you reside?  Indiana Pro Bono Commission Website

 Pro Bono: almost always free for civil legal aid (make referrals for criminal matters to the public defender’s office or a private attorney  Attorney Referral: usually done by the State or Local Bar Association for a minimum consultation fee and/or reduced charges.

◦ Ask A Lawyer (dates TBD) ◦ Legal Line – 6-8 pm, second Tuesday of every month, ◦ Legal Advice Hotline, M-F, 8:30-4:30, , $35/20 minute phone consult ◦ Lawyer Referral Service – ◦ Low Asset Wills Program ◦ Bankruptcy Legal Help Line

1-877-GET-HOPE

Strive to give at least two (2) referrals Immediately note any questions or concerns for follow up

What will you do with the information?