John Greacen, Project Consultant, Self-Represented Litigation Network Using Remote Technologies to Deliver Services to Self-Represented Litigants John Greacen, Project Consultant, Self-Represented Litigation Network NAPCO Scottsdale, Arizona Tuesday, September 26, 2017 3:30 to 4:30 PM

Dramatic Changes to Our Approach to Access to Justice

Traditional View Everyone needs a lawyer We have the resources to serve only 20% of the persons who qualify for free legal services Our only choice is to ration justice by focusing on the highest priority cases – housing, public benefits, domestic violence

Three Major Changes Self-represented persons are able to obtain justice in civil cases It is realistic to aim for access for 100% of persons with civil legal problems New technologies – and the ways that the public now use them – provide communication opportunities that enhance access at reduced costs to service providers and users

SRLN Remote Services Study

SRL Remote Services Resource Guide Funded by the State Justice Institute; conducted by Self Represented Litigation Network www.srln.org Eight sites Alaska Utah Minnesota Maryland Butte, Lake, Tehama (SHARP) and Orange Counties in California Idaho Montana

Methods for delivering court services remotely Mail Fax Website Telephone Co-browsing Email Text messaging Chat Outbound dialer Customer Relations Management Software Efiling Videoconferencing Statewide Triaging Portal

In Addition to or Instead of Face to Face Alaska and Utah – remote services are exclusive delivery means Maryland and Minnesota – a few walk in centers with statewide remote services Butte and Orange – walk in services everywhere; remote services are an alternative for the customer’s convenience; video used in Butte to provide additional walk in service Idaho and Montana – circuit rider in person services; remote phone alternative; virtual law office in Idaho Legal Aid; tablets in Montana Legal Aid

The Value Proposition It is cheaper for courts to provide services remotely than face-to-face Interaction time is shorter Lower facilities costs/telecommuting Minimize impact on security services It is cheaper for court users to obtain services remotely than face-to-face Travel time Parking and child care costs The public is now expecting services to be delivered using technology

The Value Proposition Courts can provide better service Aggregating and enhancing expertise of service staff Developing specialized materials “Canned” email and text responses Short, focused You Tube videos Using call center software to aggregate available time of personnel in “one judge/one staff” facilities in Nebraska

The “digital divide” is disappearing 85% of Americans now have broadband Internet access. The groups with lower than average Internet access are seniors (65 years of age and older) – 61%; persons with a high school education of less – 67%; persons in households with less than $30,000 annual income – 75%; rural Americans – 76%; and Black and Hispanic Americans – 80% and 82% respectively. http://www.pewresearch.org/fact-tank/2015/07/28/15- of-americans-dont-use-the-internet-who-are-they/

Data from our feedback surveys in 7 sites Access videos on own device? 5 of 7 sites 68% to 80% smartphone is favored device for viewing Can do word processing? Maryland, Minnesota, and Utah – 79% - 88% Butte – 67% Alaska – 60% Idaho – 56% Montana – 12% Have access to a printer? Maryland, Minnesota, and Utah – 82% - 88% Butte – 76% Alaska – 59% Idaho – 57% Montana – 20%

Court Users Prefer These Services over an Alternative Service Mode Idaho 90% Alaska 87% Maryland 84% Minnesota 83% Utah 73% Montana 69% SHARP (Butte, Lake, Tehama) 53% 58% of those preferring another mode would have preferred another remote alternative (70% in SHARP)

Remote SRL Services Work! Utah divorce forms – 89% got relief, on average within 3 mo Utah Self Help Center contact on a divorce matter – 84% got relief, on average within 5.5 mo Utah minor guardianship forms – 88% decided on the merits, 85% got relief, on average within 7 weeks SHARP program in northern CA – papers prepared through video conference workshops – 100% resolved on the merits, 90% obtained relief

Characteristics of Mature Remote Services Outreach Inreach

The Future? Courts going beyond remote services to SRLs Accepting evidence from cell phones Conducting evidentiary proceedings by videoconference and phone Law offices following the lead of Idaho Legal Services with “virtual law offices” tied into limited scope representation States developing statewide portals to Diagnose the user’s problem Assess the user’s capability Maintain real time information on the availability of resources Make referrals to resource providers