Another Sign of the Times
I blogged earlier this week about the phenomenon of people being imprisoned for not being able to pay court costs and other fees. Now in another sign of the bad economic times, more people are opting not to hire attorneys and to represent themselves. The New York Times reports that as more individuals choose to handle their cases pro se, "judges, lawyers and courthouse officials across the country [are] raising questions of how just the outcomes are and clogging courthouses already facing their own budget woes as clerks spend more time helping people unfamiliar with forms, filings and fees." I assume that law libraries, especially those charged with serving the public, are also seeing more pro se litigants, but the article doesn't address that issue. Statistics are provided, although it is difficult to get reliable figures as each state's court system does things differently. Having pro se litigants before them puts judges in a difficult position. "The judge is supposed to be neutral but also has an interest in moving things along." One judge, John T. Broderick, the chief justice of New Hampshire, believes that "courts must do more to help people navigate the courts" in order to "ensure fair outcomes."
5 comments:
I hope Jackie chimes in on this! One state that has gotten way out in front on this issue is Arizona, at least in Maricopa County. Florida also has some helpful forms available to the public for certain procedures. LISP SIS and especially the SoCALL regional have done a lot of work on issues for pro se plaintiffs. It has been a problem before but I guess the problem has just mushroomed!
If we are to keep democracy, there must be a commandment: Thou shalt not ration justice.
– Judge Learned Hand
Massachusetts has a FABULOUS trial court library system (although it could stand a bit more funding….hint hint). http://www.lawlib.state.ma.us/.
Our office has a great relationship with the one in Norwood, MA and I took all of my new associates there last week. In addition to being a great resource for new attorneys, using the library helps firms and more experienced attorneys to keep costs low.
One of the questions we asked the library staff was how the libraries were handling the economic crises. The particular blanch we use is not attached to a court so it sees less pro se litigants, than the other libraries… but still assists a significant number of pro se patrons and that number is growing rapidly. Additionally, Massachusetts has many legal aid and pro bono programs (including Layer for the Day) but, like every state, Massachusetts cannot even come close to meeting the legal needs of low and moderate income clients.
For me, this raises another issue. Should attorneys be mandated to provide a certain number of pro bono services every year? In January, our office started the “Friends Don’t Let Friend’s appear Pro Se” campaign. http://www.brodieandbrodie.com/friends. The response from the private bar was less than enthusiastic.
If we are to keep democracy, there must be a commandment: Thou shalt not ration justice.
– Judge Learned Hand
Massachusetts has a FABULOUS trial court library system (although it could stand a bit more funding….hint hint). http://www.lawlib.state.ma.us/.
Our office has a great relationship with the one in Norwood, MA and I took all of my new associates there last week. In addition to being a great resource for new attorneys, using the library helps firms and more experienced attorneys to keep costs low.
One of the questions we asked the library staff was how the libraries were handling the economic crises. The particular blanch we use is not attached to a court so it sees less pro se litigants, than the other libraries… but still assists a significant number of pro se patrons and that number is growing rapidly. Additionally, Massachusetts has many legal aid and pro bono programs (including Layer for the Day) but, like every state, Massachusetts cannot even come close to meeting the legal needs of low and moderate income clients.
For me, this raises another issue. Should attorneys be mandated to provide a certain number of pro bono services every year? In January, our office started the “Friends Don’t Let Friend’s appear Pro Se” campaign. http://www.brodieandbrodie.com/friends. The response from the private bar was less than enthusiastic.
Good for you, Rebecca! Her firm does fabulous work both for pro se clients, and on sliding fee scales, making justice more affordable for people. She also offers a number of internships to recent law grads and mentors young lawyers. Doing great work, Rebecca!
The Boston Bar also has an excellent program to support lawyers in providing pro bono services -- the Volunteer Lawyers Project. I have been involved in this program myself and find it relieves the fears I have had of volunteering to pick up a case as a single provider. I have worried about malpractice coverage, I have been concerned about what if the case turned into a much bigger deal than I thought it would be or if I got suddenly ill or busy in my day job right when the case demanded a bunch of attention.... The Volunteer Lawyers Project takes care of those worries for a volunteer lawyer -- there is a staff to support you and provide some back up, some moral support and some services if you need them. And in the worst case scenario, you could hand back the case. I LOVE the Boston Bar Volunteer Lawyers Project. I would recommend that other bar associations that want to really support pro bono work by member consider looking at that kind of support network to help bar members feel like they can afford to take the cases. The VLP offers training to lawyers as well in the types of cases they offer most of. They also have partnerships with area law schools so that students can pick up cases through the clinics or volunteer projects at the schools.
New York State has nothing like the system that Rebecca and Betsy describe. Our courthouse libraries serve the bench and bar, and allow the public to use the resources, but don't have the staff to provide a lot of reference help. Some public libraries have legal collections, but the librarians are mostly unfamiliar with legal reference and struggle to help the public.
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