“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?
Click icon to add picture
Feedback/Evaluations