Archive for the 'Resources-Consumer' Category

Your Public Law Library

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I just discovered a wonderful self-help web-site, sponsored by the Council of California Law Librarians, called Your Public Law Library.  The site covers California in depth, but it also has information for other states.  The site includes information on self-help centers, guidance for legal research, including a mini-research class, and on-line reference services.

Best of all, the site is available in eight languages: English, Spanish, Italian, Portuguese, German, French, Japanese, and Korean.

Evidence for pro se litigants

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The Montana Public Interest Law Blog had an interesting article recently on one of the trickiest rules of evidence: relevance.  The author was inspired to write the post because, as a new prosecutor in a small town, he often sees people losing minor court cases because they don’t understand the rules of evidence.  

The article is a great overview of the relevance rule, putting it in simple, easy-to-understand language while also deciphering some of its complexities.  The author writes only on the Federal Rules of Evidence, however.  As he points out, anyone going into the courtroom should make sure to check their state rules as well, because sometimes there are major differences. 

Debt collectors and consumerist.com

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While trolling the news for useful information to post on shlep, I came across this blog post at Consumerist.com.  It advises people who are being pursued by debt collectors to make sure that the company who is trying to collect really owns the debt that it’s claiming the person owes.  They also point to this great article offering tips for people being sued by debt collecters over at Alabama Consumer Law Blog

I have heard about Consumerist before, but today was the first time I visited their web-site, and I highly recommend it.  They analyze new products, discuss the customer service of various companies, and as the above article indicates, offer useful tips for consumers who are dealing with various sorts of problems related to buying and selling.  It’s a great web-site for all things related to consumer rights.

A quick perusal of the archives showed pages dealing with debt collection, early termination fees, fraud, and identity theft, and much more.  You can also send them tips when a company treats you unfairly.  Check it out. 

Law Libraries sponsoring pro se programs

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In 2005, the American Association of Law Libraries held a Joint Roundtable on Service to Pro Se Patrons and Prisoners at their annual meeting.  As a part of that roundtable, they conducted an email survey, in which law libraries with pro se programs described their programs and any associated costs.

I have attached the results of that survey, which includes information from respondents in the following states: California, Illinois, Louisiana, Maryland, Pennsylvania, Washington, West Virginia, and Wisconsin.  Note that I updated the original results, deleting any links that no longer worked.

Pro Se Programs in Law Libraries

 

 

In praise of legal research guides

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Legal research guides, sometimes called “pathfinders,” are exactly what they sound like - guides to legal research. A number of different organizations publish these guides, but a consistent source for particularly thorough and helpful guides is academic law libraries. As a new academic law librarian myself, I consistently use the guides published on the web-sites of other law schools when researching an unfamiliar topic. Almost every academic law library publishes them to some extent or another, and they can be a great resource for pro se patrons in learning how to find things like cases, laws, regulations - or even just in developing a research strategy when you don’t know where to begin.

If you need help with a particular type of problem, try googling for a research guide. For example, say you are going through a divorce - try googling “family law” and “research guide” or “family law” and “pathfinder.” I just tried the first search, and a number of helpful options came up.

If you need to find something more directly about your state (and most of the time, that is the case), you could try adding the name of the state to your search. Another, and probably more helpful, option, is to go to the home page for an academic law library in your state. Most such law libraries will have state specific, as well as more general, research guides, but they may not appear in Google. Because each law library works differently, you will probably have to poke around the web-site to see where the research guides are located, but usually, they are listed in the “Reference” or “Search” section of a given law library’s homepage.

As an example, check out the research guides on the UCLA Law Library web-page, which cover a variety of California and federal topics.

HALT on Living Trusts

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HALT.org has a great new guide out on planning a Living Trust.  As the abstract explains:

Like a will, a living trust is an estate-planning tool that lets you transfer property after you die. But unlike a will, property placed in a trust passes directly to your beneficiaries without first having to go through probate.

This is a great new Estate Planning tool!

Sexual Assault and Relationship Violence

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Tragically, a staff person was killed on the campus where I work this week. A man she used to be involved with went to her office, shot her to death, and then committed suicide. The victim had taken many steps to protect herself: she had obtained protective orders against the man, she had alerted university police, and she had shown her coworkers his picture and told them to call 911 if they saw him. Still, he found her. (See Seattle Times story.)

Today I read that, ironically or aptly, this is Sexual Assault and Relationship Violence Awareness Week on campus. I started looking for more information and found that different organizations have designated April Sexual Assault Awareness Month. (H. Res. 289, a resolution introduced in the House of Representatives last week, would call it National Sexual Assault Awareness and Prevention Month.)

During my search for information about the event, I found a great self-help resource, by the Washington Coalition of Sexual Assault Programs: A Survivor’s Guide to Filing a Civil Lawsuit (2004). It’s a 54-page book (in pdf) that explains the whole process — including long ists of pros and cons (p. 4) to help potential plaintiffs make the decision whether to sue. WCSAP has other resources (for the public and for attorneys) on its legal page.

The National Center for Injury Prevention and Control (part of CDC) takes a public health approach to the problem. See its Sexual Violence fact sheet, with resources for Sexual Assault Awareness Month.

The National Sexual Violence Resource Center has links to legal organizations working on the topic here.

bankruptcy help in brooklyn

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      Despite its cautionary title, yesterday’s NPR piece from Marketplace Money, ”Self-filing for bankruptcy can cost you“ (March 23, 2007; listen here) has some good news for those who want or need to file for bankruptcy without a lawyer: the United States Bankruptcy Court, EDNY (Brooklyn) has created a Pro Se Attorney’s Office and the pilot program “may be replicated in cities such as Los Angeles and San Francisco.”

graphClimbS   Mary Fox currently holds the Pro Se clerk job in the Brooklyn bankruptcy court.  The services are provided in person at the court on Monday, Wednesday and Friday.  Ms Fox only provides legal information, not legal advice.  She offers two impressions about pro se litigants in the NPR piece:

  • “People will pay thousands of dollars for root canal, but they seriously question whether they should hire an attorney for important, life-altering decisions.”
  • “And a few filers, she says, have really done their homework and are pretty qualified to represent themselves.”

In our prior post bankruptcy law self-help, you can find many free, online resources to help prepare for filing bankruptcy on your own.  For example, the webpage Filing Bankruptcy Without an Attorney (Pro Se), from the U.S. Bankruptcy Court for the District of Columbia offers help for the pro se litigant, including a 77-page pdf. document on Bankruptcy Basics, explaining the “basics” and process since the new bankruptcy law became effective in October 2005.  

minnesota divorce: the movie

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movieFilmN The Minnesota Judicial Branch is constantly adding to its useful Self Help Center.  In addition to several online documents about the divorce process and relevant law, you can now download and view a 26-minute video, How to Start a Divorce. (via SelfHelpSupport.org) Although meant to be viewed as a single presentation, it has been divided for downloading purposes into eight parts:

Part 1: What Will it Cost and How Long will it Take
Part 2: How can a Lawyer and Mediator Help You?
Part 3: Find the Court Forms

Part 4: Starting the Petition  
Part 5: Petition - Finances, Property and Debt  
Part 6: Petition - Child Custody, Parenting Time and support   
Part 7: Petition - Requests to the court and Completing the Summons  
Part 8: Service - Delivering your Forms to Your Spouse and the Final Steps to Divorce 

 antitrustDVD   On the other hand, although it portrays some romantic difficulties and betrayal, Antitrust: the movie (2001) — starring Ryan Phillippe, Claire Forlani, and Tim Robbins — won’t be particularly helpful for learning about either divorce nor antitrust law.   As we’ve been reminding you, however, the Silver Telly Award-winning video Fair Fight in the Marketplace is an excellent, entertaining antitrust primer.  The 30-minute video, which is presented by the American Antitrust Institute, can be viewed online at any time hereFair Fight will soon be available on your tv, on affiliates of the Public Broadcasting System.  You can find the schedule of PBS airings, here, as well as a 30-second promo.  As of March 15, 2007, the broadcast schedule includes:

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preparing for an interview with a lawyer

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      The Law Courts Education Society of British Columbia has produced an impressive array of materials for litigants without lawyers, as part of its work “improving access to the justice system through public legal education.”  For example, in addition to the Court Tips Videos we wrote about last night, they’ve written a set of Guidebooks for Representing Yourself in Supreme Court

 podium One of the seventeen Guidebooks currently available has some very useful information that should help pro se or “in person” litigants on either side of our border (as well as the average legal client who has retained a lawyer and doesn’t want to waste valuable billable minutes).  It’s called A Guide to a Successful Interview with a Lawyer.  The Guide “describes four steps to take before you see a lawyer.”  It further explains:

“If you are receiving free legal advice, it is likely that your time with a lawyer will be limited. Generally, “pro bono” appointments are of thirty minute duration. Therefore, it is important that you have all of your pertinent information organized in a fashion that will allow you and your lawyer to make optimal use of this limited time.

“If you follow the four steps in this guide, you will be well prepared and know what to expect when you meet your lawyer. This will help you to make good use of your time and be in a better position to understand your rights.”

Here are the four steps covered in the Interview Guide:   

  • Step 1: Fill out the Information Sheet [a form is provided]
  • Step 2: Prepare your Document List [there’s a Document List form, too]
  • Step 3: Prepare your written statement [your story in chronological point form]
  • Step 4: Going to the interview [be “slow, straightforward, specific, and systematic“]

black check From my experience interviewing clients, I strongly agree with the Guide’s advice: “You need to give the lawyer both the good information and the bad information. . . . The more straightforward you are in the interview, the better advice the lawyer can give you.”

who needs YouTube? watch B.C. self-rep videos

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movieFilmN Thanks to the The Law Courts Education Society of British Columbia (Canada), seven online video presentations are now available for self-represented litigants in British Columbia courts.  Called Court Tips: Representing Yourself in Chambers, the series covers the following topics: Presenting Your Case in Chambers; Changing a Child Support Order; Putting Your Best Case Forward; Avoiding the Pitfalls in Family Matters; What to Expect from the Chambers Process; Frequently Asked Questions about Chambers; and What to Expect the Day of the Hearing.  We’re told by a reliable source at SelfHelpSupport.org that they are “very well done.”
 

Access for People with Disabilities

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I just listened to a podcast from the King County Law Library about disability rights law (Jan. 29, 2007). I’d like to share two things with Shlep readers:

(1) The podcast interviews the judge who was cochair of the committee that produced Ensuring Access for People with Disabilities: A Guide for Courts (Aug. 2006). This is a good resource not just for courts, but for people with disabilities and those who work with or serve them. It has a brief overview of types of disabilities — emphasizing that individuals need to be treated individually (a person with low vision who can read enlarged type needs a different accommodation than another person with low vision). It has practical advice for the inclusion of people with disabilities as parties, witnesses, jurors, attorneys. (The guide was excerpted in the August 2006 issue of the Washington State Bar News.)

(2) These are the sites the podcast’s producers recommend for information on disability rights law:

news and new stuff from HALT

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 The newest HALT eJournal (Feb. 26, 2007) has information about two programs that increase access to courts and about its growing Everyday Law Series of brochures.

  1. New videos explain small-claims process Thanks to a $2,200 grant from the (unified, of course) State Bar of Michigan, “Small claims courts became a little easier to navigate for Saginaw residents after the Bar Association’s Pro Bono Committee created videotapes to explain the process. The four tapes show how to file a claim, defend against a claim, collect a judgment and what a staged small claims hearing looks like.”  (see The Saginaw News, January 28, 2007)  The tapes are available at all five branches of the Saginaw Public Library.  A small claims clinic is also presented at the County Governmental Center. [Ed. Note: It would be nice if the videos could be available online through the court or Library website.]
  2. graphClimbS Extended Family Court hours in Maricopa County, AZ.  For about a month now, family court in Phoenix, Arizona, has had evening hours Tuesday-Friday until 9 p.m. and Saturday hours from 8 a.m. to 5 p.m. (see Superior Court News Release, “Superior Court Announces NIght and Saturday Hours,” Jan. 23, 2007)  “The purpose of moving proceedings into the evening and on weekends, is to provide people who work, attend school and have other demands during the day with a timely and more convenient alternative to resolve their pending cases, without adding undue financial and emotional stress to the parents and children from daytime conflicts,” said Presiding Family Court Judge Norman Davis.   The extended hours will be primarily scheduled only at the request of litigants, unless the court needs to schedule additional matters to better utilize court resources.  A dozen programs will be available for Family Court litigants including: decree on demand; support modification; support enforcement; parenting time enforcement; hearings on orders of assignment; hearings on pending orders of protection; parenting conferences; mediation; early resolution conferences; Self-Service Center; and educational seminars.

HALTBestBuyS  HALT also announced publication of a new Everyday Law Series brochure: Getting Your Credit Report.  If you need money from a lending institution, HALT says “it’s a good idea to get a free copy of your credit report beforehand to make sure it’s accurate and up-to-date.” Getting Your Credit Report, identifies and answers common questions people have about credit reports and how to gain access to them. Besides clicking the above link, you can write to HALT for a free copy.

  • The Fair Credit Reporting Act entitles every American to one free credit report a year from each of the three major credit bureaus: Equifax, Experian and TransUnion. As the HALT brochure notes, you can contact Annual Credit Report Request Service
    to receive your free annual credit report. To purchase a copy of your credit report, contact: Equifax: 800-685-1111; Experian: 888-EXPERIAN (888-397-3742); Trans Union: 800-916-8800.
     

          Below the fold, read about two other brochures:  Do-It-Yourself Law Reviews: Taxes (which compares the most popular tax preparation programs) and Filing for an Uncontested Divorce (which introduces you to the process of obtaining an uncontested divorce, and discusses doing so pro se).

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Elder Mediation

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Many of our families include one or more adults who need extra care — because they’re suffering from dementia, their mobility is limited, they’re just a little frail and forgetful. Often these adults are elderly — but not always. In my family, it’s a middle-aged sister who has been disabled by strokes and some other problems. Fortunately, my brother, sister-in-law, and partner are all on the same page — and my sister is pleased with the arrangements we’ve made. But in some families there are difficult conflicts: dad wants to stay in his home (even though he can’t handle stairs anymore, let alone get to the grocery store), daughter wants him to live in her home in Missoula, son wants him in an assisted living center in Eugene. Enter mediation.

See Mediators Save Caregivers’ Relationships: Professionals Can Help Siblings Make The Tough Health Care Decisions For Aging Parents, CBS News, Feb. 20, 2007. A list of Mediation Resources for Caregivers is here.

Thanks: Idealawg.

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