Kansas Ethics Opinion Requires Disclosure on Ghostwritten Pleadings

The Kansas Bar Association released Legal Ethics Opinion No. 09-01 finding that, while the Kansas Rules of Professional Conduct do permit limited scope representation, a lawyer who prepares pleadings for an otherwise pro se litigant must disclose such assistance. According to the opinion, a lawyer who ghostwrites a pleading must include the phrase “Prepared with Assistance of Counsel”, but need not provide identifying information such as name, bar number or address. The opinion also provides guidelines for communication in cases where a litigant has retained an attorney on a limited scope basis.

Program Recap: Practicing Law in a Tough Economy

In a recent post, Legal Ease Blog reviewed the program “Practicing Law in a Tough Economy- Innovations in Client Relations” held at the 2009 National Solo and Small Firm Conference. Sponsored by the Standing Committee on the Delivery of Legal Services, the program included topics on innovative methods of outreach, partnering with clients to create unbundled legal services and the development of highly focused niche practices.

Legal Malpractice Carrier Offers Podcast on Limited Scope Representation

The Wisconsin Lawyers Mutual Insurance Company has released a podcast on limited scope representation. In the podcast, Diane Diel, Wisconsin family law attorney and former State Bar President, discusses the benefits and risks associated with limited scope representation. To listen, click here.

Maryland Aims to Increase Access for Self-Represented Litigants

In its Interim Report and Recommendations, the Maryland Access to Justice Commission has outlined several recommendations meant to increase access to justice for self-represented litigants. These recommendations include endorsing the practice of limited scope representation, supporting the use of court based self-help centers, and gathering additional data on self-represented litigants. The report also includes a white paper on limited scope representation in Maryland and a survey that will be distributed to self-represented litigants.

Bar Leader Toolkit Looks at the Delivery of Legal Services

The latest edition of the American Bar Association’s Bar Leader Toolkit focuses on the delivery of legal services. The toolkit offers information that helps lawyers think about options for providing legal representation other than full-service, and includes resources from the Standing Committee on the Delivery of Legal Services. Click here to view the toolkit.

State-of-Art Help Center Lends a Legal Hand to Pro Se Litigants

Samuel Newhouse of the Brooklyn Daily Eagle reports on the new Supreme Court Help Center located in Brooklyn, New York. At the state-of-the-art Help Center, pro se litigants can receive free advice and guidance as they navigate through the legal system. Clerks and volunteer attorneys are available to assist litigants, and computer workstations are available so that litigants can access online resources.

Trained Librarians Help Those Who Can’t Afford a Lawyer

A report by Danielle Kaeding of Wisconsin Public Radio discusses the Public Library Initiative, a court-sponsored program aimed at meeting the legal service needs of self-represented litigants. As part of the initiative, court staff will offer training to public librarians so that librarians can then assist self-represented litigants within Wisconsin. The program will help to alleviate the strain on court staff, as the courts struggle to meet the needs of an increasing number of self-represented litigants.

Updated White Paper on Unbundling Available

The Delivery Committee has issued a revised white paper examining rules that clarify the role of lawyers who assist self-represented litigants, entitled An Analysis of Rules that Enable Lawyers to Serve Pro Se Litigants. The paper discusses recently adopted provisions of the ABA Model Rules of Professional Conduct, as well as several rules within the states' ethics codes and rules of procedure. Issues include document preparation, limited court appearances and withdrawal procedures and proper communications between lawyers and pro se litigants. The paper is designed to assist policy-makers assess the issues and includes a checklist of factors to consider.

Pro Se Divorce is on the Rise

An article featured in Virginia Lawyers Weekly and written by Peter Vieth reports that more people in Virginia are representing themselves in divorce proceedings. The article offers possible explanations for the increase and also discusses a project that will make basic forms available to Virginians seeking an uncontested divorce.

Law Clinic Focuses on Unbundling

The University of Florida Levin College of Law sponsors an innovative clinic that offers unbundled services to otherwise self-represented litigants. Legal Skills Professor Peggy F. Schrieber teaches and supervises interns enrolled in the Family Law Pro Se/Unbundling Advice Clinic, who learn how to provide unbundled services such as advice, document preparation and limited appearances. Through the clinic, interns determine the legal needs of their self-represented clients and then represent them on a limited basis in the Eighth Judicial Circuit Family Court.

Do-It-Yourself Litigators Get a Hand from State

Elizabeth Stawicki of Minnesota Public Radio reports on Minnesota’s state-wide Self-Help Center. The report includes information on the services available through the self-help center and also provides recent statistics that suggest an increasing number of litigants in Minnesota proceed without an attorney.

Recession Forces More to Act as Own Lawyer

Chicago Tribune reporter John Keilman explores a growing trend in self-represented litigation as the economy forces more people to represent themselves. In the article, Keilman details the experiences of several individuals who represented themselves in the Cook County courts. The article also provides information on resources intended to help self-represented litigants navigate the often complicated legal system.

Wisconsin Ethics Opinion Outlines Communication of Attorney Fees and Expenses

The Wisconsin State Bar Professional Ethics Committee recently released Ethics Opinion E-09-03 finding that, in every representation, an attorney must inform the client of the scope of the representation, the basis of the rate or fee, and any expenses for which the client will be responsible. The communication, whether required in writing or permitted verbally, must provide a clear description of the services and the matter for which the attorney has been retained. When oral communication concerning the scope of representation is permitted, communicating any limitations on the scope of representation in writing protects both the attorney and client. The opinion supersedes an earlier opinion, E-91-2.

Family Law Mediation on the Rise

In an article for the Wisconsin Law Journal, Jack Zemlicka finds that family law mediation has increased as people seek alternatives to litigation and as the courts seek to alleviate high rates of pro se representation. In Wisconsin, courts have established programs that refer mediation cases to family law attorneys. The programs, according to Zemlicka, offer a cost-efficient way for clients to settle family law disputes while also generating business for family law attorneys.

Limited Assistance Representation

An article by GateHouse News Service examines limited assistance representation, also known as unbundling, in Massachusetts. Following a May 1st order to allow limited assistance representation in all Massachusetts Trial Courts, the practice was soon expanded to all Probate and Family Courts. Members of the Massachusetts judiciary believe that limited assistance representation will improve access and the delivery of justice in local courts. According to the article, Massachusetts attorneys may also benefit from limited assistance representation as attorneys may now accept cases they would have previously turned away.

Connecticut Makes Recommendations to Assist Self-Represented Parties

The Connecticut Public Service and Trust Commission Strategic Plan Phase One Implementation Report includes recommendations made by the Committee on Self-Represented Parties, a committee charged with examining ways to assist self-represented litigants as they access the court system. Recommendations from the Committee, and its five sub-committees, range from the creation of plain language forms to the development of unbundling pilot projects. For more information on the work of the Committee, click here.

Pro Se Bankruptcies Drain Court Resources

An article written by Jessica Stephen and published in the Wisconsin Law Journal examines the growing number of pro se litigants in U.S. Bankruptcy Court. According to the article, bankruptcy filings in the Eastern District Court of Wisconsin have increased thirty percent. The increase, coupled with the number of pro se litigants using bankruptcy petition preparers, has strained the court system and caused a backlog of cases. In response, the Court has developed standardized forms in an effort to save time and increase efficiency.

New York Announces Release of Interactive Court Forms

The New York State Unified Court System recently released interactive forms to help self-represented litigants navigate the legal system. Through the use of A2J Author software, litigants who visit CourtHelp and LawHelpNY are guided through the process to complete Support Modification Petitions, Small Estates Affidavits, and Adult Name Change Petitions. To learn more about the project, and the partnerships involved, read the press release.

Unbundled Legal Services Increasingly Popular

In an article for Lawyers USA, Correy E. Stephenson explores the increased popularity of unbundled legal services. The article highlights how unbundled legal services may benefit both attorneys and clients, and how many courts now encourage the use of unbundling to assist an increasing number of pro se litigants.

Wisconsin Program Focuses on Serving Self-Represented Litigants

An interactive learning program is being developed so that Wisconsin court clerks may better assist self-represented litigants. The program, titled Walking the Line, will use video vignettes and quizzes to focus on how clerks may offer appropriate assistance to self-represented litigants. To learn more about Walking the Line, click here.

California Resolution Supports Limited Scope Legal Assistance

The State Bar of California Board of Governors approved a resolution that encourages the expansion of limited scope legal assistance. The resolution calls on bar leaders, law schools, lawyer referral services, insurance carries and the courts to promote the increased use of limited scope representation to serve low and moderate income Californians. To learn more, and to view the resolution, click here.

Big Jump in Pro Se Cases

An article written by Jerry Crimmins and published in the Chicago Daily Law Bulletin examines the growing number of pro se litigants in the Cook County court system. Statistics presented in the article suggest more people are representing themselves in response to the current recession. The article provides information on the self-help resources available, and how such programs often struggle to meet the needs of the pro se litigants.

Kansas Approves Pilot Project on Limited Scope Representation

The Kansas Supreme Court announced a pilot project on limited scope representation. The project, developed by the Self-Represented Study Committee, includes courts from three judicial districts. The pilot will commence on July 1, 2009, with an evaluation period lasting until December 1, 2010. As part of the project, the Self-Represented Study Committee also developed court forms to be used in limited scope representation. For more information on the project, visit the Kansas Judicial Council site.

Massachusetts Expands Limited Assistance Representation

The Supreme Judicial Court of Massachusetts recently issued an order expanding limited assistance representation. The order, effective May 1, 2009, follows the completion of the Limited Assistance Representation Pilot Project and concludes that limited assistance representation helps expand access to justice in the trial courts. For more information on the Limited Assistance Representation Pilot Project, and to read the order, click here.

New York State Report Addresses Access for Self-Represented Litigants

The Office of the Deputy Chief Administrative Judge for Justice Initiatives recently released Expanding Access to Justice in New York State. The ten-year report includes information on initiatives that improve access for self-represented litigants.

Another Sign of Tough Times: Legal Aid for the Middle Class

An article written by Carol J. Williams and published in the LA Times examines resources available to help those affected by the current economic crisis. Online legal services, self-help centers and unbundling are all discussed as options for individuals seeking affordable legal services.