copyright zorza associates, 2008 (certain screens may be copyright the author/organization) tools...

Copyright Zorza Associates, 2008(Certain screens may be copyright the author/organization)

www.zorza.net

Tools for Self-Represented Innovation Advocacy: SRLN

Leadership Modules

TIG ConferenceJanuary 2009

Richard Zorza, Esq., [email protected]

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Outline

• Self-Represented Innovation, Legal Aid, and Technology

• The Modules: Fifteen Areas of Opportunity

• Using the Modules for Advocacy

• Conclusion


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Self-Represented Innovation, Legal Aid, and Technology

• General Trends in the Courts

• Ability of Legal Aid to Impact the Trends

• Technology Partnering as a Leveraging Tool

• Heightened by Economic Crisis


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The Leadership Modules

• Concept• Launched at Sept ’08 Baltimore Conference• PPT, Faculty Notes, Resources, Activities,

Profiles and Video• Focus on access, efficiency, effectiveness and staff

impact• Learning by doing, train the trainer• 25 States• Network of 40 state contacts• Promoted in Judicature, etc.


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#1- Strategic Perspective

• General concept to show options and highlight key lessons

• Tells stories, describes steps, discusses advocacy approach

• Includes evaluation and funding approaches

• Intended to be used to get strategic start


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Strategic Perspective:Legal Aid Partnering Perspective

• Can help start process

• Can provide perspective on process

• Must take 100% access perspective, not narrow self-interest

• Open to broad discussion of roles

• Perspective and Diagnosis of need


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Strategic Perspective: Technology Perspective

• Measures of need

• Diagnostic tools

• Moving to data integration


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#2 - Self-Help Services

• Key component brings courts into delivery system

• Gateway for public

• Core of service delivery

• Focus of diagnosis and triage


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Self-Help Services:Legal Aid Partnering Perspective

• Centers can be run by legal aid under contract

• Needs to be in courthouse

• Makes a player in system

• Issues of eligibility and neutrality

• Could be key intake component


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Self-Help Services:Technology Perspective

• Relationship to intake and diagnosis and triage

• Key consumption point of technology

• Capacity to integrate (forms, e-filing, modification by center and court)


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#3 - Self Help Center Design

• Design, Location are critical for self-help and courtroom

• Must reflect desired interaction

• Module shows models and engages participants in design activities

• Design must support technology and workflow


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Self Help Center Design: Legal Aid Partnering Perspective

• Can put program in the courthouse, subject to neutrality concerns

• Opens up discussion of legal aid in courthouse

• Opens up discussion of courthouse flow and courtroom impact on litigants


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Self Help Center Design:Technology Perspective

• Design as opportunity to make sure that technology is actually used

• Courtroom design as opportunity to collaborate in courtroom technology

• Courtroom technology can include display of case, issues, etc., and also easy access to order, etc.


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#4. Justice Corps

• AmeriCorps applied to the courts – California model

• Potential broad application nationally

• Needs supervision and integration

• Transformative impact on court


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Justice Corps: Legal Aid Partnering Perspective

• Can provide the support and training when part of the courthouse

• Could create independent programs using court as partner


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Justice Corps: Technology Perspective

• Could use with court to support hotlines, forms, LiveHelp, etc.

• Can also be used in clinics to support forms

• Generally provides a support function for tech systems for low-experience users

• Young students get it


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#5 - Staff Ethics

• Focuses on court staff but applies to legal aid staffed centers too

• Core concept of legal information

• Core issue is how to provide required level of engagement within that paradigm

• Module goes into specifics and encourages a process


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Staff Ethics: Legal Aid Partnering Perspective

• May need some modification for direct use• Makes much easier for courts to refer to

legal aid information, resources, tools etc.• Since instructions, protocols, etc are

“information,” puts premium on development of these materials and therefore on legal aid participation in their development


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Staff Ethics:Technology Perspective

• Software is also “informational” since standard for all, therefore legal aid cooperation in development is way of obtaining access

• Software can be developed to train staff on the underlying concepts and on the specific information to be communicated

• Software design should be informed by the potential of use by court and center staff


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#6 - Plain Language and Forms

• Major, perhaps foundational, innovation

• Lays groundwork for multiple innovations and multiple partner participation

• Moves into information area

• Module shows how any form can be improved

• Need national strategy for statewide forms


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Plain Language and Forms: Legal Aid Partnering Perspective

• Huge opportunity to participate in shaping the courts access system

• Important to bring end-user perspective, not just substantive advocacy perspective

• LSC role in training for plain language

• Can help with bar politics

• Can help with testing and evaluation


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Plain Language and Forms:Technology Perspective

• Obvious link to Automated Forms (next module)

• Political process for forms leads into automation

• Substantive process for forms can also feed into database design, electronic filing, etc.


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#7 - Document Assembly

• Impacts on quality and efficiency of courts

• Needs significant investments

• Impacts on all court systems

• Used in other innovations


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Document Assembly:Legal Aid Partnering Perspective

• Capital needs means that partners needed by courts

• SJI-LSC partnership provides both resources and legitimacy

• Variety of models for the partnership


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Document Assembly: Technology Perspective

• Use of legal aid resources and tools can make it easier for court management to move forward

• Links to legal aid website “spine” helps build overall integrated system


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#8 - Case Management

• Becoming core of courts’ access response

• Uses existing system to focus on needs of the self-represented and access

• Can be used to shape multiple aspects of the court

• Identifying the problems that block movement of cases


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Case Management:Legal Aid Partnering Perspective

• Usually an internal process

• But partners are needed to help solve the problems that are identified

• Relates to both legal aid represented and self-represented


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Case Management:Technology Perspective

• Tools can help find the problems

• Tools can help solve the problems

• Tools can help evaluate

• Fertile area for TIG

• Particularly in diagnosis-triage, monitoring, referral, dynamic intervention


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#9 - Working with Judges

• Module designed to help facilitate communication, ideas, and ongoing cooperation

• Recognizes difficulties, shows advantages, about culture change for access


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Working with Judges:Legal Aid Partnering Perspective

• Outreach to non-court players is one component of this, but can complicate in the early stages

• Or, could be triggered by outside approach

• Focus on problem identification and solution highlights value of outside players


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Working with Judges: Technology Perspective

• Partnering technology can solve identified problems with caseflow, litigant knowledge, courtroom problems, etc.

• Value of external resources in getting to the table


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#10 - Courtroom Services

• Second generation innovation with major impact

• Putting staff and tools in the courtroom has very major impact in all areas

• Still new area


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Courtroom Services:Legal Aid Partnering Perspective

• Some staff can be legal aid – but in a special role

• Legal aid can help court in focusing what need is

• Legal aid can help develop the forms, tools, software etc.


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Courtroom Services:Technology Perspective

• Access software could be partner product, provided role is clear and court neutrality is protected

• Immediate order model

• Integration with document assembly


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#11 - Discrete Services

• aka “unbundling”

• Access innovation that can cost the court nothing

• Can be court or bar led, can be pro bono or fee

• Depends on different view of atty-client relationship


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Discrete Services: Legal Aid Partnering Perspective

• Can bring in pro bono programs, atty of day, etc.

• Can advocate for innovation as for fee middle income access tool

• Can help with bar support

• Role with marketing and referral systems


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Discrete Services:Technology Perspective

• Potential for online tools to support entry into relationship

• Value of document assembly and other tools to support

• Marketing and recuitment


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#12 - Law Libraries

• Low/zero cost partnering opportunity for courts

• Wide range of services even into the courtroom

• Issues often political


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Law Libraries:Legal Aid Partnering Perspective

• Legal aid as third partner for content and knowledge

• Forms, processes, perspectives, etc.


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Law Libraries:Technology Perspective

• Access point for tech tools, with less neutrality issues than court

• Partners for higher level substantive assistance (research etc.)


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#13 - Distance Services

• Broad message of tech potential

• Impacts and access

• Strong advocacy for partnership


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Distance Services:Legal Aid Partnering Perspective

• As funder

• As content partner

• With division of labor (neutrality issue)

• As source of support labor – LiveHelp and other support


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Distance Services:Technology Perspective

• Move to national systems

• Bring courts in early as innovation partners

• Remember neutrality needs


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#14 - Limited English Proficiency:Solutions Offered

A. Language Access in the CourtroomB. Linguistic and culturally competent court servicesC. Multilingual courthouse signage D. Multi-lingual information for LEP court usersE. I-Speak cardsF. WebsitesG. Bilingual/bicultural court staffH. Tools for court staff to assist LEP court usersI. Training of court staff and judicial officers on LEP issuesJ. Court-based self-help centers with special resourcesK. Tied together by the LEP plan


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Limited English Proficiency:Legal Aid Partnering Perspective

• Source of perspective and insight

• Source of materials and content

• Intellectual capacity

• Links to community


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Limited English Proficiency: Technology Perspective

• Document assembly

• Translations of orders etc.

• Training and educational materials

• LiveHelp as support


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#15 - Compliance

• Overall perspective and impact

• Court’s responsibility

• Just starting


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Compliance Examples

A. Front End Plaintiff Information and Tools – Ventura County CA

B. Compliance Assistance – Fresno California ACTION Center C. Tools for Defendants/Respondents – VenturaD. Assistance with Order Drafting and Requirements

Explanation – Butte County Family Court Order ClinicE. Linguistic Outreach and Assistance – Imperial, Los Angeles

and MinneapolisF. Judge or Staff Explaining Order G. Court Takes Responsibility for Preparing Written Orders –

Alameda H. DV Case Unbundled Assistance – Santa Clara I. Other Ideas and Approaches


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Compliance: Legal Aid Partnering Perspective

• Content

• Litigant perspective and needs


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Compliance: Technology Perspective

• Informational tools

• Action tools

• Tracking and statistics

• Integration with compliance data systems


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Using the Modules for Advocacy with the Courts for Innovation

• Suggesting use by court

• For joint seminars and meetings

• Resources and Activities

• Program Profiles and Video


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Conclusion

• Lots going on

• Legal aid and technology needs to be, and can be, at that table

copyright zorza associates, 2008 (certain screens may be copyright the author/organization) tools...

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