Civil Appeals San Diegos Approach to Providing Legal

Civil Appeals: San Diego’s Approach to Providing Legal Assistance to Self-Represented Litigants GINA CATALANO, SAN DIEGO LAW LIBRARY SARA RAFFER LEE, LEGAL AID SOCIETY OF SAN DIEGO KIMBERLY STEWART, COURT OF APPEAL

The Civil Appellate Self-Help Workshop Overview of today’s program Determining need How to address the problem/setting up a work group Defining the parameters of the project Developing a task list Developing necessary materials Implementation Lessons Learned

The Civil Appellate Self-Help Workshop Identifying/defining the problem LA Daily Journal article about the 2 nd District clinic Chief Justice’s “Access 3 D” platform Court’s experience as reflected by the 2009 and 2010 statistics

The Civil Appellate Self-Help Workshop Determining the need Importance Court of research statistics on the number of self-represented litigants In 2009, 150 of the Court’s 515 civil cases (29%) involved at least one pro per litigant In 2010, the percentage was 35% (202 out of 578 cases)

The Civil Appellate Self-Help Workshop Determining the need Importance of research (cont’d) Court statistics on the outcomes in cases with self-represented litigants In In 2009, 79 of the pro per cases were involuntarily dismissed 2010, 85 pro per cases were involuntarily dismissed; in two of the cases that resulted in a decision on the merits, sanctions were imposed against the pro per for pursuing frivolous appeals

The Civil Appellate Self-Help Workshop Determining how to address the problem/set up a work group of collaborators Identifying existing resources (expertise, etc. ) Legal Aid: provider of existing legal services to the underserved; frequent presenter of clinics Law Library: key resource for self-represented litigants

The Civil Appellate Self-Help Workshop Determining how to address the problem/set up a work group of collaborators Identifying existing resources (cont’d) San Diego County Bar and its Appellate Court Committee: potential source of attorney volunteers, potential resource for creation and production of materials Court: front-line experience with pro per litigants on appeal, provider of extensive existing self-help materials

The Civil Appellate Self-Help Workshop Determining the parameters for the project Initial needs Determination of how to effectively address the problem Brainstorming Consideration of existing efforts 2 nd District Appellate Self-Help Clinic 9 th Circuit Pro Bono Program

The Civil Appellate Self-Help Workshop Determining the parameters for the project Initial needs (cont’d) Delineation Legal of collaborator roles and responsibilities Aid: Provide volunteer attorney training Provide clinic oversight and malpractice coverage for volunteer attorneys Register participants for attendance at Workshops Maintain participant information, consents and waivers Arrange for MCLE credit for volunteer attorneys

The Civil Appellate Self-Help Workshop Determining the parameters for the project Initial needs Delineation of collaborator roles and responsibilities (cont’d) Law Library Provide space for the Workshop Provide necessary equipment, including a computer with Power. Point capability and Internet access Provide information on library resources available to pro per litigants Publicize the Workshop as part of its monthly outreach efforts Maintain and distribute copies of Workshop materials

The Civil Appellate Self-Help Workshop Determining the parameters for the project Initial needs Delineation of collaborator roles and responsibilities (cont’d) County Bar/Appellate Court Committee: Develop training and substantive informational materials and Workshop protocols Solicit attorney volunteers Publicize the Workshop, through the issuance of a press release and the creation of an informational flyer Create and maintain Workshop webpage on the Bar’s website Create and maintain an e-community page for work group members and volunteers on the Bar’s website

The Civil Appellate Self-Help Workshop Determining the parameters for the project Initial needs Delineation of collaborator roles and responsibilities (cont’d) Court Provide support for the Workshop, including an informational video Distribute the flyer about the Workshop to pro pers involved in appeals Provide information about updates to the Court’s Step-by. Step Manual for self-represented litigants Provide information as needed to evaluate the efficacy and utility of the Workshop

The Civil Appellate Self-Help Workshop Determining the parameters for the project Initial needs (cont’d) Logistics: For Workshop Program title Location Length What of program to cover Frequency What How of presentations are the security needs to provide disability accommodations

The Civil Appellate Self-Help Workshop Developing a Task List Creation of a mission statement Development of program materials Program Power. Points Video Signs Participant forms (acknowledgement forms, confidentiality waivers) Brief writing tips handout Appeal timeline

The Civil Appellate Self-Help Workshop Developing a Task List (cont’d) Development Training of materials for volunteer attorneys Power. Points Emphasis on limited nature of attorney’s role: NO LEGAL ADVICE Workshop protocols Attorney No first names only reference to court staff as such

The Civil Appellate Self-Help Workshop Implementation Volunteer training Outreach Workshop Publicity webpage plan Flyer https: //www. sdcba. org/index. cfm? pg=Appellate. Self-Help. Workshop Press release Articles/photos Launch event

The Civil Appellate Self-Help Workshop Implementation (cont’d) Development E. g. , Record of registration procedure dedicated phone line keeping Tracking results Participant 4 attendance at Workshops: 69 presenters, who presented several times each Volunteer attorney attendance at Workshops: 46

The Civil Appellate Self-Help Workshop Implementation Record keeping (cont’d) Determine effectiveness Case outcomes: Of the 33 cases, 3 were voluntarily dismissed, 3 were resolved by opinion (one in favor of the pro per respondent) and 10 (30%) were involuntarily dismissed; by comparison, the percentage of involuntary dismissals in 2009 and 2010 were 53% and 42%, respectively 17 cases are still pending Feedback from participants According to one participant, “Any pro per trying to do an appeal who doesn’t go to the Workshop is foolish. ”

The Civil Appellate Self-Help Workshop Lessons Learned Importance of Teamwork Communication Making use of existing resources Creative approaches

The Civil Appellate Self-Help Workshop Resources http: //sandiegolawlibrary. org/resources-pathways-to-justice/ Video Workshop Power. Point Brief Writing Tips Timeline of Appeals Process California Court of Appeal Step-By-Step Workbook Sample Briefs Sample Waivers Sample Advertising Websites