Transcript Serving Self-Represented Litigants

Serving Self-Represented
Litigants
Best Practices in Public Law Libraries from Across the Country
Copyright Charles R. Dyer 2006
Principles of Best Practices
• These practices should be effective in
getting the self-represented litigant what
he needs.
• They should be cost-efficient.
• Their products should be easy to use.
• You should avoid repetitive work.
• You should be working smarter, not
harder.
Presumed Familiarity
• New York Unified Court System
websites.
• LawHelp.org/NY
Reference Materials
• Research Guides and Checklists
– Information is more complete than one gets from a
verbal reference transaction.
– Users can carry the information with them.
• Prepared forms
– Keep heavily used forms readily available.
– Custom forms can be made for high use local
needs.
– If you do them yourself, have them reviewed by
your judges.
San Diego County Public Law
Library (CA)
Link to Research Guides page
http://www.sdcll.org/guides.htm
San Diego County Public Law
Library
• http://www.sdcll.org/guides/2005/Creatin
g%20Pleadings%20at%20Home%20W
ordPerfect%20and%20MS%20Word%2
005.pdf
• Link to a PDF document: Creating
pleadings
King County Law Library
(Seattle, WA)
• Research Guides page
• This site is being rebuilt, so screen
capture remains
King County Law Library
• Research Guide for Winning the Lottery
• This site is being rebuilt, so screen
capture remains
Clark County Law Library
(Law Vegas, NV)
• Forms page
• http://www.co.clark.nv.us/law_library/for
mspage.htm
Clark County Law Library
• Pathfinder 12: Legal Forms in Nevada
PDF
• http://www.co.clark.nv.us/law_library/pdf
/12%20Legal%20Forms%20In%20Neva
da.pdf
New York’s Forms
• New York Court Help Forms Library at
http://www.nycourts.gov/courthelp/forms
.html
– Family law, name change
– Fill in the blank PDF forms.
Classes for SRLs
• Librarian teachers
• Classes held
– At the law library
– At public libraries
– At other venues
• Variety of topics
– Legal research, computer use
– Procedure, forms
San Diego County Public Law
Library (CA)
• Classes page
• http://www.sdcpll.org/classes.htm
San Diego County Public Law
Library
• Description of the Law Made Public
class
• http://www.sdcpll.org/classes.htm#Law
madepublic
San Diego County Public Law
Library
• Hidden page link to its Instructional
Resources page.
• http://www.sdcll.org/presentations/
Sacramento County Public Law
Library (CA)
• List of classes
• http://www.saclaw.lib.ca.us/TrainingCent
er/ClassListTable.htm
Sacramento County Public Law
Library
• Link to the description for the Law and
Motions class
• http://www.saclaw.org/TrainingCenter/Cl
assDescriptions.htm#motion
Sacramento County Public
Law Library
• Photo form the virtual tour showing the
Training Center.
• Leave screen capture in, as virtual tour
requires latest Internet Explorer and
cookies.
Others with public classes
The following public law libraries had classes for the
public listed on their websites as of February 26,
2006:
• Arizona State Law Library (Phoenix)
• Los Angeles County Law Library (Los Angeles, CA)
• Douglas County Law Library (Lawrence, KS)
• Washoe County Law Library (Reno, NV)
• King County Law Library (Seattle, WA); and
• Wisconsin State Law Library and the Dane County
Legal Resource Center (Madison, WI).
Setting up classes
• Time for preparation
– Share your work with others
• Equipment, rooms, etc.
– Start by borrowing
– Good items for grants or special funding
requests
• Expertise
Avoiding UPL
• Classes are taught using a pre-set fact
pattern which is not that of an actual library
user.
• Discussion is limited to general questions on
the matters brought up in the class.
• Because of the presence of other students,
specific questions can be referred to the
reference desk or other agencies, as
appropriate.
SRL-oriented websites
• Statewide websites created under
cooperative efforts
– Usually with grants and task forces.
• Distinctive features
– Better usability and easy navigation.
– Simple explanations.
– Referrals to local law libraries.
– Email and live reference
(chat room style).
Maryland’s Peoples Law Library
• Home page
• http://www.peopleslaw.info/Home/PublicWeb
Maryland Peoples Law Library
• Family Law page
• http://www.peopleslaw.info/Home/PublicWeb/IndexPages/1
390000
Maryland Peoples Law Library
• Link to the quiz on whether one should
represent himself.
• http://www.peopleslaw.org/family/divorce/self%20quiz.htm
Maryland Peoples Law Library
• Using the same link, scroll down to the
bottom of the quiz.
Law Help /NY
• Link to a PDF on whether to get a
lawyer
• http://www.lawhelp.org/documents/1243
7CBCBasicDivorce.pdf?stateabbrev=/N
Y/
• The screen capture is left in, as the site
has changed. I could not find the page
again.
Back to Maryland People Law
Library
• Family Law page once again
• http://www.peopleslaw.info/Home/PublicWeb/IndexPages/1
390000
Maryland Peoples Law Library
• Finding the solution page shown
because of its visual ease.
• http://www.peopleslaw.org/holistic/holistic_home.htm
Maryland Peoples Law Library
• Navigating your divorce page
• http://www.peopleslaw.org/holistic/Navigating%20your%20
divorce/Navigating%20Your%20Divorce
.useful%20websites.htm
California Public Law Library
• Home page
• http://www.publiclawlibrary.org/
California Public Law Library
• Links to pages from self-help centers
• http://www.publiclawlibrary.org/help.html
California Public Law Library
• Ask Now button page
• http://www.247ref.org/portal/access_law
3.cfm?virt=CCCLL
Online live reference
• Librarian and user communicate
through a chat room window.
• The librarian takes control of the users
PC and can point the user to specific
websites in another window in response
to reference questions.
• Librarian’s can use previously written
scripts in order to send large amounts of
information quickly.
Law Help Cal Button to Cal Pub
Law Library
• Leave screen capture in because of
arrow.
Question Point - 24/7 online
reference services
• NY Supreme Court Criminal Law Library
participates, but only at the email
service level, not as live reference in an
online chat room style.
• Questions from other libraries in
Question Point are referred to it for
handling as an email reference
transaction.
Note: LawHelp/NY does some
• Public Access Law Libraries does some.
• http://www.nycourts.gov/lawlibraries/pub
licaccess.shtml. (This was an actual link
on the original show, not a screen
capture.)
• [Both NY sites have some readability
issues.]
Partnering
• One recent trend is increased
partnering between public law libraries
and the courts or other legal services
agencies.
• More than just referrals, these other
agencies will place staff in the law
libraries themselves.
• Sometimes they share funding
with the library, too.
Nevada County Law Library (CA)
• The Superior Court’s self-help center is
located in the library.
• The attorney there will actually take
SRLs into the stacks, just like a
reference librarian.
Nevada County Law Library
• Leave screen capture in this version as
the GIS portal requires Internet Explorer
4.0 as a browser.
Nevada County Law Library
• Link to County’s online building permit
request system
• http://cda.nevcounty.net/onestop/onesto
p.asp
Travis County Law Library (TX)
Going one step further:
• Travis County’s self-help center is run
by the library.
• Referrals are speeded up, in both
directions.
• Expansions to the service are treated as
regular library budget items.
Travis County Law Library
• Link to the Reference Attorney page
• http://www.co.travis.tx.us/records_com
munication/law_library/ref_attorney.asp
San Diego County Public Law
Library
• They had a clinic run by the San Diego
Volunteer Lawyer Program (a pro bono
organization), 2001-2005.
• Replaced by a Law School SRL clinic,
run by the University of San Diego
School of Law.
• Also, specialty clinics are run by local
bar associations.
San Diego County Public Law
Library
• Link to the Free Legal Clinics page
• http://www.sdcpll.org/sdvlp.htm
Why use outside agencies for
unbundled legal services
• It’s useful to have the reference staff
separated from the legal advice givers.
• Conflict of interest records must be
maintained.
• Rigorous contract for partial services,
typically under rules established by a
willing state bar.
• Malpractice insurance.
Issues with Unbundled Legal
Services Clinics
Short term issues:
• Creating a good referral methodology.
• Maintaining volunteers.
• Training for the wide variety of legal issues.
Long-term issues:
• Funding is often not permanent.
• The cooperating agency can change its
priorities.
Alternatives to branch libraries
• Hennepin County Law Library (MN)
– Resources in branch public libraries
• Kern County Law Library (CA)
– Branch in community college
• San Diego County Public Law Library
(CA)
– Videoconferencing classes to public
libraries
Public events that educate SRLs
• Local bar holds sets of substantive law
classes (Peoples Law Schools)
– Once a week for 4 – 6 weeks.
– Different Topic each week.
• Local bar does Q & A for free
– E.g., for Law Day.
• Public Lectures
Resources for Law Librarians
• Self-Help Support (NCSC)
www.selfhelpsupport.org
• Self-Represented Litigation Network
– Law Librarians Sub-Group of the Information,
Marketing and Outreach Group
• AALL Legal Information Services to the
Public SIS
Charles R. Dyer Consulting
• My website: www.charlesrdyer.com
• My email: [email protected]
This presentation and other materials are available at
http://www.charlesrdyer.com/NYSUCS