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Access To Justice – Pro se Litigants Awareness of Mental Health Resources
Gwen L. Zornberg, M.D., Sc.D.
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Participation & Interaction
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Gwen Zornberg, M.D., Sc.D. Assistant Attending Psychiatrist - NewYork-Presbyterian Hospital Assistant Professor of Psychiatry - Weill Cornell Medical College, Cornell University
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Who works in the front lines directly with pro se litigants?
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Who finds that at times there are challenges that may be time-consuming?
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Agenda Pro Se Litigants and Access to Justice
Pro Se Litigants and Mental Health Resources - Strategies Q&A
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Pro se litigants seek access to justice
In civil cases, pro se litigants brave the legal system without: An attorney Legal expertise Knowledge of court systems While clinics may be available to aid pro se litigants—setbacks arise from lack of knowledge.
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(Legal Services Corporation, June 2017)
86% low-income Americans receive inadequate or no professional help for the civil legal problems they face. (Legal Services Corporation, June 2017)
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Attempts to navigate courts
Pro se litigants burdened by hardship Lack of familiarity with court cultures Lack of resources, impaired communication skills Lack of legal knowledge
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Stress reactions may be provoked facing -Negativity -Hostility
We must take human nature as we find it. Perfection falls not to the share of mortals. - George Washington
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Mental wellness pro se litigants
and pro se litigants Psychiatric conditions are common Rich or poor. All ethnic or racial groups. Mental illness not competent Human rights Mental illness, in and of itself, is not a basis for depriving people of their rights. Court Processes Some pro se litigants face the demands of self-representation complicated by managing mental health conditions.
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Mental health resources and access to the courts
What resources do we have to help distressed pro se litigants to cooperate with the court processes?
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We do language. That may be the measure of our lives.
- Toni Morrison
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STRATEGY R O L L E R S RAPPORT Observe Elicit Solutions LISTEN LISTEN
RESPECT Solutions
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RAPPORT
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Observe
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LISTEN
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LISTEN
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Elicit
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RESPECT
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Solve
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There is no one-size-fits-all Strategy Adapt to each person in the situation
Rapport helps de-escalate and helps prevent escalation Observe Listen Elicit Respect Solve
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Strategies Confrontation
Be Calm breathe 3 times to build calm.
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Inhale
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Exhale
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Inhale
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Exhale
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Inhale
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Exhale
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1 2 3 Building Rapport Perspective
Sincere empathy with their predicament maintaining your professional demeanor. 3 ☑ Speak softly, good eye contact, open body language. Don’t say “I understand.” ☑ “Tell me more so I can better understand.” ☒ Avoid statements that begin with “You….”. ☒ Avoid finger pointing.
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Confrontation – Deescalate. Aim to create rapport.
Communication builds momentum toward RAPPORT. LISTEN Take their frustration seriously—not personally.
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ACTIVE LISTENING DEESCALATION
Sincere ROLLERS Rapport, Listen Repeat back what they said. Calm Breathe 3 times to build calm. Thank Them For bringing the issue to your attention
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Paranoia – the range of severity is great
Appears paranoid Have other people around Security protocols Maintain a formal, earnest, sincere, calm attitude. Never say anything that can be used against you. Choose every word carefully when speaking. Trust your instincts, keep extra space between you & an agitated person.
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Depressurize with your colleagues after a challenging interaction
Be Calm Breathe 3 times to build calm. Debrief With others after confrontation Give yourself credit
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Be alert for signs of intoxication or drug withdrawal
*If altered mental activity hinders ability to understand and respond to direction, they may be under the influence. Clues: Opioids: small constricted pupils, respiratory depression Alcohol: slurred speech, disinhibited, unsteady Stimulants: wide dilated pupils, agitation / paranoia Employ safety protocols as appropriate Opioids - Narcan kits save lives.
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Telephone strategy If necessary, ask “Do you have business with the Court?” If not, let them know you need to help the next person. Politely end the call.
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Self Physical Mental Communication Get enough sleep Rejuvenate
Exercise Eat well Mental Rejuvenate Enjoy what you love Communication Language is powerful Words matter
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Remember not only to say the right thing in the right place, but,
more difficult still, to leave unsaid the wrong thing at the tempting moment. - Benjamin Franklin
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Q&A
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Keep Learning Journal of the American Medical Association, Dec 25, 2018; 320; 24: p. 2586 MacKinnon RA, Michels R. The Psychiatric Interview in clinical practice. WB Saunders, Philadelphia PA, Toronto Ontario, 1971. Weill Cornell Psychiatry @WCMPsychiatry
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THANK YOU!
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