A day-long meeting of leaders in the Bar is exploring the dimensions of the problems concerning the growing phenomenon of the self-represented in Michigan courts, and examining a variety of proposed solutions. This post will be updated throughout the day.
Keynote address by State Court Administrator Chad Schmucker: The current State Court Administrative Office (SCAO) self-help forms site gets 1200-1300 hits a day. It is "not very good," lacking even some of the most needed forms, but an improved version is coming in a few months. Courts are a finite resource and an inept response to the dealing with the self-represented in courts hurts everyone, including the practicing bar. A key initiative underway that will help is the introduction of performance measures in trial courts, using data to improve service for everyone, in order to promote "smart courts." Schmucker offers the Kent County circuit court website performance measures as an example of what's coming. He sees this as an impetus for "monumental improvement" of Michigan's courts.
Erika Davis, Co-Chair of Justice Initiatives, introduced Linda Rexer, Executive Director of the Michigan State Bar Foundation and Co-Chair of the Solutions on Self-Help Task Force reported that the Task Force has 90 people working on 20 workgroups, with key involvement by the State Court Administrative Office. One workgroup is piloting a self-help website, soon to be launched. The website is in response to the discovery that over the years 158 nonprofit, volunteer-driven or governmental self-help websites (not including commercial operations) have cropped up, with content that is often inappropriate or stale. Other workgroups are working on self-help centers, developing curricula for judges and training for librarians, and examining the need to adapt rules and policies and forms to meet the problem. Rexer emphasized that the bulk of the users of self-help resources cannot afford lawyers.
Angela Tripp, Michigan Poverty Law Center, described the process and protocols used for developing the content on the pilot website, "Michigan Law Help." The development process has been aided greatly by assistance from the Illinois Legal AId program, whose online assistance component, which includes automated interviews, has proven to be very successful, averaging over 120,000 "hits" per month. (The program has become widely accepted as a useful resource in Illinois, including by the practicing bar.) Tripp takes the summit participants on a "tour" of the draft website, which includes links to lawyer referral services and other community resources.
Chris Hastings, chair of the Unauthorized Practice of Law committee, describes the development of a proposed definition of the practice of law (PDF), which will be presented to and considered by the State Bar's Representative Assembly this Saturday. The internet and Dressel v. Ameribank together have confused the legal landscape concerning the unauthorized practice of law, heightening the need for a coherent, workable definition, while complicating the ability to achieve it. Hastings asserts the MIchigan has the weakest arsenal for fighting the unauthorized practice of law of all 50 states, based on the statute and case law.