VLSP's New Resource For Self-Represented Litigants

By Eric Nakano, VLSP Staff Attorney

The Voluntary Legal Services Program of Northern California, the pro bono organization sponsored by the Sacramento County Bar Association and Legal Services of Northern California, is pleased to announce that it was awarded a contract by the Sacramento County Superior Court to operate a civil law Self- Help Center at the downtown Sacramento courthouse. While space is currently being readied at the courthouse, the most recent estimate has the Self-Help Center opening its doors in early February 2007. This new project presents exciting challenges to VLSP, as well as a new set of opportunities for assisting the public. Although the project has not yet opened its doors, quite a few questions have been raised by the local legal community:

What are the income eligibility guidelines for the new clinic?

Unlike the other clinics operated by VLSP, the new Self-Help Center was chartered specifically to provide brief assistance to any self-represented litigant, regardless of income. Notwithstanding this, the experience of other counties with similar programs suggests that the majority of customers at the Self-Help Center will meet VLSP's current income guidelines. The Self-Help Center will only provide assistance to self-represented litigants, and not those who have retained counsel.

What type of assistance is available at the Self-Help Center?

The new Self-Help Center will be limited to providing brief assistance to its customers, generally focusing on the procedural hurdles that have typically prevented so many self-represented litigants from having their day in court. This assistance will be provided in the form of document and file reviews, workshops, handouts, brief informational consultations, and referral to other appropriate community resources. Due to the initial limitations in facilities and staff, the primary service areas of the Self-Help Center will be the areas of greatest need: assistance in preparing simple complaints, answers, case management statements, some motions, and providing general legal information.

What effect will this have on the local legal community?

The experiences of other counties with Self-Help Centers suggests that the existence of a Self-Help Center will improve the court experience for the attorneys who practice at the downtown courthouse. The need for of this project lies in the dramatic increase of self-represented litigants in recent years and the problems this has created for the court and local attorneys. Of equal importance is the input the court has received from the community asking for more information and assistance for self-represented litigants.

The new Self-Help Center is not intended as a substitute for attorney representation and every customer will be advised that they should, if possible, consult with an attorney, especially if their case appears to be suitable for contingency representation or otherwise involves substantial damages. In reality, it is anticipated that the vast majority of cases passing through the Self- Help Center will involve small lawsuit defense or other matters in which attorney representation is not economically viable. If you are the opposing counsel in one of these cases you can anticipate correctly drafted forms as well as some relief from the awkwardness of attempting to explain your documents to a self-represented litigant.

What effect will this have on the Court?

The answer to this question is more difficult to gauge. The goal is to increase the access to the judicial system for those who have difficulty in negotiating their way through the judicial process. Currently, many self-represented litigants turn to the courthouse filing clerks with questions, or prepare filings that are so insufficient on their face that they are unable to be filed with the court. One of the primary goals of the Self-Help Center is to relieve this burden on the clerks, and to increase the percentage of filings that are able to be filed. It is anticipated that this may lead to a larger number of matters that are actually heard by the court, however it is hoped that this increase will be offset by a reduction in the number of continuances based upon improper service or other procedural blunders typically made by self-represented litigants.

How can I help with this project?

The Self-Help Center is opening with a small staff, consisting of one attorney, one paralegal, and one legal assistant. We will have limited space, at first, to accommodate many volunteers, but we would be interested in having volunteer attorneys help provide brief advice and assistance to our customers.

In order to expand the scope of the assistance available, the Self-Help Center will also develop a number of live and video workshops to assist customers and educate the public as well as a library of self-help materials. If you have any interest in assisting with the creation of workshops or the development of self-help materials, or in providing brief customer consultations, please contact VLSP Staff Attorney Eric Nakano at (916) 551-2133 or at enakano@vlsp.org. VLSP is a volunteer-based organization that has malpractice insurance that covers the work of its staff and volunteers.

The staff of the Voluntary Legal Services Program of Northern California is grateful for this opportunity to work with the Sacramento County Superior Court to provide this vitally needed service to the public.

We wish you all the best for a happy 2007.

Eric Nakano is the VLSP Staff Attorney who will be staffing the new Self-Help Center project. Eric is a graduate of Sarah Lawrence College and earned his JD at William and Mary. Before joining VLSP, Eric was in private practice and previously worked at the Family Law Facilitator's Office of the Sacramento County Superior Court.