a guide for front-line staff for informed referrals to better serve the public srl training trial...
TRANSCRIPT
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“How May I Help You?”
A Guide for Front-line Staff forInformed Referrals to Better
Serve the Public
SRL TrainingTrial Court Employee ConferenceJuly 17, 2012
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“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
“What’s Your Problem?!”
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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
Training Goals
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1. Know who is boss2. Be a good listener3. Identify and anticipate needs4. Make SRLs feel important and appreciated5. Help SRLs understand our systems or
process
The Top Ten Rules of Great Customer Service
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6. Appreciate the power of “yes”7. Know how to apologize8. Give them more than expected9. Get regular feedback10. Appreciate your fellow coworkers
Top Ten Rules...cont’d
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What are you working with?
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How much to help ? Ethical challenge for judges
Very little guidance Ambivalence in the courts
Supreme Court favors offering support
The Dilemmaof the Supreme Court
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Indiana Constitution
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All courts shall be
open
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Every person
shall have remedyof law
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Justice shall be administered
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speedily and
without delay
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Indiana judges are encouraged to
help the unrepresented
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It is not a violation for a judge to make reasonable accommodations
Judicial Canon 2.2
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…And Justice For All
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The Indiana Supreme Court
is committed to promoting access to justice for its citizens
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… through the Division of State Court Administration:
► Pro Bono Commission;► Certified Court Interpreters;► Guardian Ad Litem/CASA;► Public Defender Commission;► Self Service Legal Center
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…and through the Indiana Judicial Center: ► Child Support Guidelines;► Parenting Time Guidelines;► Special Courts;► Judicial Education;► Workplace Spanish
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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 2005-
2011
Who is a Self Represented Litigant?
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1. The _______________ of litigation.
Do-it-yourself
Anti-lawyer
Cost
Why Is Self-Representation Rising?The increasing number of self-represented litigants is due to a number of factors: (Using the fill-in-the-blank answers below, complete the sentences on the right.)
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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.
Distinguishing one from the other
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Does the caller need legal
information to proceed pro se?
YES.The caller needs legal information and is proceeding
pro se.
Self-service legal centerwww.in.gov/judiciary/selfservice
Family law FAQsFamily Matters DVDChild support hotline
Indiana Legal Services website
www.indianajustice.orgPro Se Directory
www.in.gov/judiciary/probono
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 Commissionwww.in.gov/judiciary/probono
Indiana Legal Services and
county legal aid programs
NO. The caller needs help finding
an attorney to hire.
Indiana State Bar Association
www.inbar.org or 317-639-5465
County bar association lawyer refferal service or
county bar
Created by Monica Fennell, Executive Director, Indiana Pro Bono Commission
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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?
Requests for Assistance
Read the requests below and determine if they constitute legal advice or information
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Ex Parte Communications
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Start by reducing the complexityand use a little HEAT
H– Hear them out E—Empathize A—Ask/Answer questions T—Take responsibility for assisting
How do you put it all together?
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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
Time-Management
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Resource List Indiana Justice Center.org Family Matters Video Local Bar Association FAQs In what county do you reside? Indiana Pro Bono Commission Website
Resource review
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www.indianajustice.org
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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.
Pro Bono v. Attorney Referral
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◦ Ask A Lawyer (dates TBD)
◦ Legal Line – 6-8 pm, second Tuesday of every month, 317-269-2000
◦ Legal Advice Hotline, M-F, 8:30-4:30, 317-269-2222, $35/20 minute phone consult
◦ Lawyer Referral Service – 317-269-2222
◦ Low Asset Wills Program
◦ Bankruptcy Legal Help Line - 317-269-1910
Local Pro Bono Resources
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Indiana Foreclosure Prevention Network
1-877-GET-HOPEwww.877gethope.org
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Strive to give at least two (2) referrals
Immediately note any questions or concerns for follow up
What else can I do?
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There’s a lot to remember!
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What will you do with the information?
Click icon to add picture
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Feedback/Evaluations