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Diane Trunk, NLS – LA Harry Jacobs, AOC - CFCC
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20+ years of NLS Courthouse Clinics DASH: Partnership between NLS & L.A. Superior Court Self-Help ◦ Individual assistance ◦ Attorney review of all forms
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4 clinics. Across 100 miles of L.A. Over 4,500 litigants annually. 1 staff attorney.
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1. Fill out each form using Essential Forms 2. Print forms 3. Litigant reviews forms 4. Fax forms to off-site attorney 5. Attorney reviews forms (40+ pages each) 6. Attorney calls volunteer for changes 7. Volunteer makes changes 8. (Forms re-faxed for more review) 9. Litigant signs forms
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Logos and GraphicsBasics Collaboration of ProBonoNet, LSC, SJI, and Capsoft ProbonoNet provides: ◦ day-to-day management ◦ Operates Web server. ◦ Provides training and support. In use in 28 states.
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www.courtinfo.ca.gov/ programs/equalaccess/ dash.htm www.courtinfo.ca.gov/ programs/equalaccess/ dash.htm
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Program intended for use by Litigants: TurboTax, ICAN!, EzLegalFile Programs intended for use by Legal Professionals: Essential Forms, ProDocs Program intended for use by both volunteers/litigants and legal professionals to work together at different (remote) locations.
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Usual suspects: ◦ Stretch limited resources, ◦ Solve DASH problems, ◦ Use important features of computers, and ◦ “Do no harm” (Don’t destroy what is good about the current services.) Other (New) Goals: ◦ Increase lawyers ability to control volunteers. ◦ Increase participation of lawyers in the preparation of the litigant paperwork. ◦ Improve lawyer’s ability to review papers and declaration.
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The answer to every question can be used consistently on every item on every form in the filing. ◦ Not just caption information. Answers from one program’s interview can be used in another program. Answers from the DASH DVRO program can be used to: ◦ Start a Dissolution case ◦ Start a Parentage case
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If a custody order is requested, the program automatically prints on the declaration: “I ask the Court for the custody and visitation orders described in the attached form DV- 105 because: “. ◦ (The volunteer is prompted to ask why the order is needed.) If the volunteer indicates litigant needs an interpreter, the program automatically prints on the declaration: “I will need a [Spanish] interpreter for all proceedings in this case.”
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It speeds her review of the forms. If she sees that the “other protected people” are listed in DV- 100 Item 3, She knows that they are also listed on the DV-110 and the DV-130
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Word program produces an MS Word document. Document is emailed to attorney for review and editing. Sample Declaration Sample Declaration Reviewer can change PDF forms by opening PDF program and changing answers.
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Better quality declarations Consistent, accurate forms Faster forms preparation More time to prepare the declaration Program prints out litigant information Faster backup Easier backup Attorney can edit declaration directly. Mobile backup – not chained to fax.
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The program opens the possibility for an attorney to assist many, many more litigants. ◦ Currently, the attorney/litigant ratio is generally 1:12. That is 36 litigants assisted in 3 hours -- with every declaration and form reviewed. DASH is recruiting pro bono attorneys for in-office review of forms. (No need to drive to the clinic.) DASH is working with shelter advocates for off-site forms preparation. Shelter advocate can use the program and work with DASH attorneys or pro bono attorneys. Assistance could be available at night and on weekends.
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Requires a lot of upfront work. (Every field on every form is filled out. Many “warning” situation has be considered. The program is always a work in progress.) The program slows down the process at first as volunteers adjust to the new system. The program doesn’t eliminate the need to for another program (like Essential Forms).
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Volunteers can be resistant to change. Program doesn’t shorten the volunteers time with a litigant, but it changes the focus of interaction from paperwork to writing declarations. This change: ◦ Emphasizes some skills (writing declarations); ◦ Deemphasizes other skills (operating Essential Forms); and ◦ Requires New Training methods.
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DASH uses ProBonoNet’s server in Dayton, Ohio everyday. The Internet, DASH’s network connection, and the LawHelp Interactive server can go down. Creating a project (DASH)/program (LHI) requires village. It is a group project. It requires a lot of communication.
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Where does it fit with other self-help service models? (e.g., Litigant programs (e.g., EzLegalFile); Workshops) ◦ Declaration is very important. ◦ Legal Concepts for litigants are not complex or difficult to teach. ◦ Volunteers/staff/shelter advocates/case workers are available. ◦ Volume of paperwork is large.
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Guardianship Conservatorship Expungement of Criminal Convictions Special Education Collections Native American Issues
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Courts could share experts in areas of law that require special knowledge, but where individual courts can’t afford to employ an expert in a particular area of law. A single attorney/expert could use a program to assist: ◦ Groups of Courts in a Region Groups of Courts in a Region ◦ Entire State?
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Litigants Using Computers at Self-Help Centers Litigants Using Computers Anywhere
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Diane Trunk: dianetrunk@nls-la.orgdianetrunk@nls-la.org Harry Jacobs: harry.jacobs@jud.ca.govharry.jacobs@jud.ca.gov www.courtinfo.ca.gov/programs/equalaccess/dash.htm
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