“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

“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?!”

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

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

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

What are you working with?

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

Indiana Constitution

All courts shall be

open

Every person

shall have remedyof law

Justice shall be administered

speedily and

without delay

Indiana judges are encouraged to

help the unrepresented

It is not a violation for a judge to make reasonable accommodations

Judicial Canon 2.2

…And Justice For All

The Indiana Supreme Court

is committed to promoting access to justice for its citizens

… through the Division of State Court Administration:

► Pro Bono Commission;► Certified Court Interpreters;► Guardian Ad Litem/CASA;► Public Defender Commission;► Self Service Legal Center

…and through the Indiana Judicial Center: ► Child Support Guidelines;► Parenting Time Guidelines;► Special Courts;► Judicial Education;► Workplace Spanish

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?

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.)

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

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

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 AssistanceRead the requests below and determine if they constitute legal advice or information

Ex Parte Communications

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?

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

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

www.indianajustice.org

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

◦ 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

Indiana Foreclosure Prevention Network

1-877-GET-HOPEwww.877gethope.org

Strive to give at least two (2) referrals

Immediately note any questions or concerns for follow up

What else can I do?

There’s a lot to remember!

What will you do with the information?

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Feedback/Evaluations