Self-Represented Litigants and the Courts
Texas ranked 43rd in overall funding for legal services to the poor in 2008. As a result, while more than 5.1 million Texans qualified for legal aid, only one in four was able to receive representation, with understaffing forcing legal aid organizations to turn away the remainder. Therefore, although our legal system functions best when all litigants are represented by a lawyer, a large and growing number of people have no alternative but to represent themselves in cases ranging from divorce and child custody, to wills, adults guardianships, or illegal evictions.
In recognition of this need, the Commission hosted the Texas Forum on Self-Represented Litigants and the Courts on April 8-9, 2010. This symposium, attended by representatives from every segment of the legal community, explored ways to help self-represented litigants protect their rights in Texas courts, and strove to meet three overall objectives:
- Determine the impact self-represented litigants have on Texas courts;
- Explore how courts, legal aid organizations, court staff and others can work with self-represented litigants; and
- Develop strategies for self-represented litigants and court interaction.
Following the Forum, the Commission voted to recommend that the Supreme Court of Texas create a statewide task force mandated to develop Supreme Court-approved pleading and order forms for statewide use. The initial objective will be to determine what other efforts in this regard are currently underway in the state and what is happening on a local level, and to bring all of these efforts under one umbrella. The task force will then be tasked with identifying legal areas that would benefit from the availability of uniform pleading and order forms, and developing proposed models of these uniform forms to be evaluated and approved by the Court.
The Commission will also create a Self-Help Committee that is dedicated solely to assisted pro se issues, whose charge will include:
- Considering legislative proposals that may direct financial resources for assisted self-help programs; engaging in the education of the judiciary, clerks, law librarians, and the private bar; and advising stakeholders of financial and other resources available to assist with their efforts;
- Identifying best practices and communicating those to all interested parties;
- Serving as statewide clearinghouse for available resources; and
- Continuing to monitor and assist the development of programs on a local level.
Materials offered by presenters at the Forum:
Speaker Bonnie Hough, Supervising Attorney, California Office of the Court
- 'Distance Services' Presentation
- How to Establish a Self-Help Center
- May I Help You? - A Resources Guide for Court Clerks
- Self-Help Center Guidelines
- Self-Help Support Resources
- 'Volunteers for Texas' Presentation
Speaker Glenn Rawdon, Program Counsel for Technology, Legal Services Corporation
Speaker M. Sue Talia, Private Family Law Judge, Contra Costa County, California
- Family Law Limited Scope Representation - Risk Management Materials
- General Civil Limited Scope Representation - Risk Management Materials
- 'Limited Scope Representation' Presentation
Other Helpful Resources
Legal Information vs. Legal Advice: Guidelines & Instructions for Clerks & Court Personnel Who Work With Self-Represented Litigants In Texas State Courts (pdf) (rft)
Please check back for more information in the fall.
Austin, Texas 78711