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Understanding Self-Represented Litigants: The Triage Approach Copyright 2006, Charles R. Dyer Consulting.

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Presentation on theme: "Understanding Self-Represented Litigants: The Triage Approach Copyright 2006, Charles R. Dyer Consulting."— Presentation transcript:

1 Understanding Self-Represented Litigants: The Triage Approach Copyright 2006, Charles R. Dyer Consulting.

2 The Ongoing Barriers To Effectiveness: The Information Barriers The Analysis Barrier The Situation and Options Barrier The Preparation and Presentation Barrier The Remedy Barrier. The Enforcement Barrier.

3 The Triage Approach The hardest cases get the most attention. The two factors: –How complicated is the case. –How capable is the SRL to act on his own. Courts, advisor programs, legal services agencies, pro bono services—all use triage.

4 Where the Law Library Fits In Law libraries are the support agency of last resort. –They refuse no one. –But the time and effort required by the SRL will limit use. Since many programs have demographic status requirements, some SRLs “fall through the cracks” and must use the law library. SRLs in the law library often have cases that cannot be handled without human interface, i.e., without a need for greater expertise.

5 Handout Exercise Types and Numbers of Self- Represented Litigants –See if you can fill in the chart based on your anecdotal knowledge. –When back at your library, use the chart again to survey your clientele.

6 Handout Exercise # 2 Community Resources for Self-Represented Litigants –First, check the agency box for each agency that exists within your community. Use the space at the bottom of page 2 for notes, such as the demographic served by a social service agency. –Check the boxes wherein a self-represented litigant in the category in the top row can get served by each agency.

7 1 st Priority: time saving measures Research guides, checklists, forms packages. High up-front time cost, but long-term time benefit.

8 Dividing the work What can be done locally What should be done state-wide, e.g.: –improving web information. –sharing document creation.

9 Cost Management Classes are worth it only when there is sufficient mass for optimum size. –Alternatives? In face-to-face and in online live reference: Time of the librarian and time of the patron are both factors.

10 Partnering Has up-front costs. –Space and equipment. –Staff time. –Possible financial support. Requires maintenance. –Personnel will change. –Partnering agency must be continually engaged.

11 Patron Issues The “captive librarian” problem. The “wasted effort” problem. Security factors.

12 Handout Exercise # 3 Realistic Self-Assessment Tool on Best Practices –Education and experience or training. –Time and management factors. –Willingness. –Concerns.


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