Helping People Help Themselves: Pro Se Assistance Initiatives

Helping People Help Themselves: Pro Se Assistance

InitiativesAl Schwartz

Executive Director - CARPLSaschwartz@carpls.org

CARPLS: Overview

Legal aid hotlineOperates 4 court-based advice desksProvides limited representation legal services & referralsThirty attorneys on staff, many part-time50,000 client services in FY09

Legal Aid Hotline: Overview

In operation for 15 yearsMonday through Friday from 9:00AM -4:30PM & Wednesdays until 8:00 PM25+ Staff Attorneys65+ Attorney & Law Student volunteers33,000 client services in FY 09

Legal Aid Hotline: Intake & Consultations

Intake & Consultation performed by staff attorneys and volunteer attorneys & law studentsAverage consultation: 30 MinutesServices include:

Legal Advice (65%)Legal Drafting/Self-Help Packets (20%)Legal Aid Referrals (15%)

Legal Aid Hotline: Pro Se Assistance

Provides “self-help” assistance to pro se litigants and non-litigants when appropriateNew generation of self-help client publications Drafts letters and simple pleadings on client’s behalfSupports “self-help” litigation with court-based advice desks

Legal Aid Hotline: Outcomes

Standardize your legal strategiesDevelop outcome measuresPerform outcome testing

Legal Aid Hotline: Lessons Learned

Keep it simpleEliminate as many barriers as possible Provide supportPerform outcome tests

CARPLS Advice Desks

Domestic Relations Advice DeskCollection Advice DeskMunicipal Court Advice DeskAdministrative Hearings Advice Desk

Domestic Relations

Advice Desk

Domestic Relations Desk: OverviewIn operation for 7 yearsMonday through Friday from 9:00AM -1:00PM30th Floor, Daley Center3 Staff Attorneys, 1 Intake Coordinator & 1 Paralegal5,500 client services in FY 09

Domestic Relations Desk: IntakeFirst-Come-First Served, No appointmentsQuick Screen Performed by Intake Coordinator on CLASS case management software

Check for conflicts of interestConfirm eligibility for service (up to 200% of the Poverty Level)

Domestic Relations Desk: ConsultationsConsultations conducted by experienced family law staff attorneys Average consultation: 45 MinutesServices include:

Legal Advice (52%)Legal Drafting/Self-Help Packets (38%)Legal Aid Referrals (10%)

Domestic Relations Desk: Pro Se Assistance

Assists pro se litigants with simple, uncontested family law matters (pre and post-decree) Petitions for Dissolutions = 80% of all self-help drafting

Divorce by Agreement Divorce by Publication “No Issues” DivorceJoint Simplified Divorce

Domestic Relations Desk: OutcomesDraft 80 Self-Help Divorce Packets Per Month/1,000 Self-Help Divorce Packets Per Year88% Clients follow through with Self-Help Divorce by filing their Petition for Dissolution 97% Clients who file their Petition for Dissolution obtained a divorceAverage Court Case: 7 weeks

Collection Advice Desk

Collection Desk: Overview

In operation for 3 yearsMonday through Friday from 9:00AM -12:30PMCourtroom 1401, Daley Center2 Staff Attorneys, 1-2 Law Student/Attorney Volunteers & 1 Intake Coordinator3,200 client services in FY 09

Collection Desk: Consultations

Consultations conducted by staff attorneys and law student & private attorney volunteersAverage Consultation: 15 MinutesServices include:

Legal Advice (85%)Legal Aid Referrals (15%)

Collection Desk: Pro Se Assistance

Assists pro se litigants with post-judgment collection actions

Citation to Discover AssetsWage GarnishmentsBank FreezesLicense SuspensionCourt Ordered Payment Plans

Instruct pro se litigants how to present their defenses in court and/or to opposing counsel

Collection Desk: Outcomes

Main Outcome: Educate clients about their rights and responsibilities Bank Freeze Exemption Granted: 88% of Desk casesWage Garnishment Exemption/Reduction Granted: 43% of Desk casesCitation to Discovery Assets Dismissed: 95% of Desk cases

Municipal Court Advice Desk

Municipal Court Desk: Overview

In operation since 1987. Formerly run by Chicago-Kent Law School. CARPLS took over management in March 2008Monday through Friday from 8:30AM - 4:30PMRoom 602, Daley Center3 Staff Attorneys, 1-2 Law Student/Attorney Volunteers & 1 Intake Coordinator + 1 CLC Staff Attorney (In-Court Representation) 7,200 client services in FY 09

Municipal Court Desk: IntakeFirst-Come-First Served, No appointmentsQuick Screen Performed by Intake Coordinator on CLASS case management software

Check for conflicts of interestConfirm eligibility for service (up to 300% of the Poverty Level)

Municipal Court Desk: ConsultationsConsultations conducted by staff attorneys and law student & private attorney volunteersAverage consultation: 40 MinutesServices include:

Legal Advice (50%)Legal Drafting/Self-Help Packets (35%)Legal Aid Referrals (15%)

Municipal Court Desk: Pro Se AssistanceAssists pro se litigants with cases pending in the Municipal Division: Evictions, Contracts & Torts.Evictions Legal Drafting: Motions to Vacate, Motions to Dismiss, Motions to Extend StayContracts & Torts Legal Drafting: Motions to Dismiss, Motions to Vacate, Motions to Quash

Municipal Court Desk: OutcomesNew desk - just starting to do outcome testingEvictions: 85% Post Decree (Order of Possession Entered)Contracts: 65% Pre Decree Debt CollectionsTorts: 80% Pre Decree Auto Accident Claims

Administrative Hearings

Advice Desk

Administrative Hearings Desk: Overview

In operation since January 2008Monday, Wednesday & Friday from 9:00AM -1:00PMDepartment of Administrative Hearings, 400 West Superior1 Staff Attorney1,000 client services in FY 09

Administrative Hearings Desk: ConsultationsAssists pro se litigants with cases pending before the Department of Administrative Hearings: Building Code, Vehicle Impounds, Health, Consumer & General Municipal Code violationsConsultations conducted by staff attorneys Average consultation: 40 MinutesServices include:

Legal Advice Only

Administrative Hearings Desk: Outcomes

Educate clients about their legal rights and responsibilitiesCity always wins

Advice Desks: Lessons Learned

Be flexibleIdentify the legal needsDevelop informational & self-help materials Collaborate with judges, clerks, private bar & other stake holdersDevelop staffing redundancy/Cross train your staffOutcome test

CARPLS Case Management SoftwareCLASS 2.0Web based/access from any locationQuick conflict check & financial eligibility calculatorAdvanced Resource/Knowledge ManagementAutomated Document AssemblyLive on-line supportIntegrated client outcome surveys