1 Best Practices for Programs to Assist Self-Represented Litigants in Family Law Matters

2 What are “Best Practices?” Research-based best practices Research-based best practices  Experimental design  Replicable  Peer reviewed  Limited relevance for implementation Consensus-based best practices Consensus-based best practices  Reflect current practice  Development process is efficacious  Educational function

3 A Consensus Document How the Project Developed How the Project Developed  Joint Court Personnel and Provider Meeting  Task Force staffed by Dept. of Family Administration and MLAN  Vetting and redrafting by Committee on Family Law  Approval by Conference of Circuit Judges

4 Process Value Identification Value Identification  Large group Issue Identification Issue Identification  Large group Best Practice Identification Best Practice Identification  Small group

5 What This Document Does Guides Maryland courts in developing and operating programs to assist self-represented litigants in family law matters.

6 What This Does NOT Do Does NOT tell self-help attorneys how to handle individual cases. Should be governed by content knowledge. Does NOT advise attorneys on individual ethics. Should be governed by Rules of Professional Responsibility.

7 Values of Trial Court Performance Standards & Maryland Family Divisions PS&Ms Access to Justice Access to Justice Expedition and Timeliness Expedition and Timeliness Equality, Fairness and Integrity Equality, Fairness and Integrity Independence and Accountability Independence and Accountability Public Trust and Confidence Public Trust and Confidence

8 Values for Self-Help Centers Equal Access to Justice Equal Access to Justice Needs Assessment – Ensuring Access to Appropriate Levels of Service Needs Assessment – Ensuring Access to Appropriate Levels of Service Service Delivery Service Delivery Program Outreach Program Outreach Access, Language and Literacy Access, Language and Literacy Program Staff Program Staff Quality Assurance Quality Assurance

9 Equal Access to Justice Largely prefatory – why we do it. Largely prefatory – why we do it. Designed to reiterate the Judiciary’s commitment to assisting the self- represented. Designed to reiterate the Judiciary’s commitment to assisting the self- represented. Necessary to ensure the judges knew what they were endorsing. Necessary to ensure the judges knew what they were endorsing.

10 Needs Assessment Service provided to appropriate individuals Service provided to appropriate individuals  Screen for financial need  Minimum fee waiver standard Appropriate service provided Appropriate service provided  Referrals when necessary Individual appropriate for self-representation Individual appropriate for self-representation  Personal skills assessment Case appropriate for self-representation Case appropriate for self-representation

11 Service Delivery Scope of Service Scope of Service  Advice was included Program Ethics Program Ethics  Reference Rules of Prof. Resp.  Attorneys and non-attorneys – different functions.  Conflicts – consent waivers, private offices Judicial Neutrality Judicial Neutrality Program Policies – eligibility criteria, scope of service – articulate and communicate Program Policies – eligibility criteria, scope of service – articulate and communicate

12 Program Outreach Signage Signage Written Information About the Program Written Information About the Program Statewide Directory and Online Resources Statewide Directory and Online Resources

13 Access, Language and Literacy Oral and written language Oral and written language Assess education, language, disability Assess education, language, disability Signage – foreign language, Braille Signage – foreign language, Braille Literacy Literacy  Low-literacy  No Latin / legal terminology Non-English Speakers Non-English Speakers Individuals with Disabilities Individuals with Disabilities

14 Program Staff Staff Qualifications Staff Qualifications  Attorneys  Licensed to practice in Maryland  Malpractice  Experience  Non-attorneys  Supervised by attorneys on-site

15 Professional Development Supplement knowledge Supplement knowledge Network in-state and nationally to stay abreast of national trends, best practices Network in-state and nationally to stay abreast of national trends, best practices Access to state and national publications Access to state and national publications Training on best practices Training on best practices Training in dispute resolution Training in dispute resolution Written guidelines in referring to ADR Written guidelines in referring to ADR

16 Quality Assurance Quality Materials Quality Materials  Update  Latest forms  Show date of publication Data Collection and Evaluation Data Collection and Evaluation  Gather demographic information  Participate in other initiatives  Evaluate

17 THANK YOU This presentation was provided by the Department of Family Administration Administrative Office of the Courts 580 Taylor Avenue, 2 nd floor Annapolis, Maryland www.courts.state.md.us