AALLNov2013:1 10/10/13 10:53 AM Page 15 DIY Forms Programs Helping unrepresented litigants navigate the court system in New York By Meghan Lenahan With the decline in resources and staffing in legal assistance agencies and an increasing demand for free legal resources, the public access law library has become the place people turn to for help with their legal needs. Public law librarians are regularly faced with the task of helping unrepresented litigants navigate through the court system. Providing this assistance to patrons often brings us dangerously close to the fine line between giving out general legal information (which is our job), and providing legal advice (which we are prohibited to do, as it is considered practicing law). To combat this problem, law libraries are searching for new, innovative, and cost-efficient ways to provide legal services for the unrepresented litigant. AALL Spectrum ■ November 2013 15 AALLNov2013:1 10/9/13 4:52 PM Page 16 Some county courts in New York created self-help centers (some of which are located near or in their respective law libraries) that provide court forms and procedural and general court information. Typically, there are no attorneys on staff in most of these locations. Therefore, the staff members of the self-help centers are prohibited from giving legal advice or guidance for completing court forms. This situation can be especially difficult for unrepresented litigants who are limited in their English speaking and comprehension skills, as court staff is also not allowed to provide interpretation or translation services due to liability for mistranslation issues. This puts staff fluent in another language in a particularly difficult ethical situation. Due to staffing constraints, however, not all counties have even these limited resources. and entered into the Universal Case Management System by court clerks, and information given by users on the returned DIY surveys that are printed with the generated forms. According to the New York State Courts Access to Justice Program 2010 Report, more than 55,000 user-generated forms were created that year, “more than doubling the usage in 2009 and nearly sextupling the usage in 2008.” By the end of 2011, a 60 percent increase in usage from the previous year generated more than 85,000 forms and represented approximately a 957 percent increase since 2008, according to the New York State Courts Access to Justice Program 2011 Report. DIY Forms Software Programs In the spring of 2009, the New York State Unified Court System’s Access to Justice Program launched statewide Do-It-Yourself Forms software programs, which, in the previous year, were only available for New York City Civil Court procedures (New York State Courts Access to Justice Program 2010 Report). The NYS Courts Access to Justice Program’s mission is to provide “access to justice . . . for New Yorkers of all incomes, backgrounds, and special needs” (“Home: Our Mission,” May 30, 2013). The DIY programs are created using Access to Justice (A2J) Author and HotDocs and are hosted on LawHelp Interactive (LHI, found at lawhelpinteractive.org). These programs are interactive forms that guide unrepresented litigants through the process of filling in information and generating the proper court forms. Court employees and members of the legal services community can be trained through webinars on the different programs, as well as how to create programs using A2J Author. DIY programs, found at NYCourtHelp.gov, are organized by the type of court in which the action would be filed. The NYS Courts Access to Justice Program publishes an annual report regarding the progress of each program, including the DIY Forms programs. Quarterly statistics are collected on the usage and demographics of the programs from three sources: the number of forms generated from a specific program by LHI, the number of forms created by the DIY programs that were received By 2011, according to the 2011 report, the NYS Courts Access to Justice Program had up to 17 available programs, including a program for City, District, Town, and Village Courts and a Paternity Petition program in Spanish. “Pop-up” instructions were added for assistance in other languages, such as French and Spanish, for some New York City court programs. According to the 2012 report, in 2012 the New York City Tenant Restore to Calendar program (used if a tenant wishes to go back to court to ask the judge to do something in his or her New York City Housing court case, such as asking for more time or to make the landlord do what he or she was ordered to do) added printable instructions and a survey in Polish (see image above). The software program also includes instructions in English, French, and Spanish. The 2012 report indicates that even though New York does not generate the most forms on LHI, it has generated the largest number of forms three years in a row, as compared with other states. The annual reports state that a majority of users were referred to the DIY programs by a court employee and generated the forms at a courthouse facility (though all the programs are available from any computer with internet access). So far, a majority of users report that they are happy with the DIY programs. According to the 2012 report, most of the positive feedback from user surveys cites the programs’ “ease of use” and about 95 percent of users said they saved time using these programs. Currently, there are a total of 24 DIY Forms programs, 10 of which are specific to New York City. The other 14 are for statewide use. These programs make completing the forms easier for users because the information on the print forms can sometimes be repetitive and the legal language used on the forms can be confusing for those unfamiliar with the forms (both for users and even some library staff ). The DIY programs are also helpful for a user whose first language is not English. Unlike print forms that are only in English, the programs provide help in French and Polish for some New York City programs, as well as Spanish in many of the statewide programs. On the main page of NYCourt Help.gov, the Court Facts tab can help users identify the appropriate court and forms. Each of the programs contains a statement about the differences between legal information and legal advice (see image below). Court personnel can only provide legal information, which consists of what forms are generally used and the general procedures. Each DIY program explains what the forms are used for, which assists the user in selecting the correct form. This helps the law librarian, or any court employee, by reducing time spent explaining court procedures and what forms are needed. A Few Drawbacks Although the DIY programs are invaluable resources, there are a few drawbacks. For instance, not all of the court forms are available in the DIY programs. In fact, not even all the print forms are available to print off of the court website, which means users must still visit the courthouse to pick up (continued on page 21) 16 AALL Spectrum ■ November 2013 © 2013 Meghan Lenahan *All images courtesy of lawhelpinteractive.org AALLNov2013:1 10/10/13 10:13 AM Page 21 are the many wonderful “please do the following” comments I received from the voluntary participants in my survey. In your cover letter, please DO include: • Statements about unique things in your work history • A demonstration that you meet the qualifications • Humor • Enthusiasm and desire with your word choice • Clever and relevant turns of phrase • A demonstration that you have done your homework on the organization • Language that is clearly tailored to the job announcement • A desire to learn • A diversity of interests outside of work • A professional and personal tone • Active voice • A firm statement of what you will bring to this library and why you want to come to the organization • A clean format, brevity, and a well-developed vocabulary. During an interview, please DO: • Be on time • Show respect to all participants and people you meet at the organization • Dress up, not down • Practice eye contact and be comfortable talking about yourself and your accomplishments • Understand the line between terse and TMI • Match the enthusiasm in your cover letter • Be proactive, provide samples of work product, and give examples of challenging work projects from prior positions • Seek out opportunities to talk with the members of the organization you would be working with about their jobs and the culture of the library • Overcome reticence, lest you be eaten alive • Highlight the skills you will bring to the staff • Be honest about your qualifications and what you can deliver • Wait until the later interviews to ask salary questions • Show employers you can think on your feet and handle yourself in a stressful situation • Ask questions, relax, and be yourself • Listen to the questions and comments carefully • Be flexible, as well as willing and excited to learn • Recognize the dual purpose of the interview: introducing yourself to the potential employer and proving your ability to interact with others effectively • Demonstrate stability and willingness to exceed what the job requires. Best of Luck! This article is an attempt to demystify some of the baffling elements in the job search process and offer some sound advice from hiring managers from all library types around the country. Feel free to use this as a guide, but know that there are many others in our profession who can also offer you sound advice as you pursue your potential job. ■ DIY continued from page 16 certain forms. The NYS Courts Access to Justice Program is working on creating more DIY programs, but it is a long process to create each program, as well as make the programs useable for all 62 counties in New York State. Many of the programs will only allow users who have “simple” situations to use the program to create their court documents; those with more complex situations would have to use the print forms and seek help from a help center or court clerk. There are also certain questions that require clarification by a court employee—for example, identification of the birth certificate number if there’s more than one number on the certificate. In addition, some users have experienced problems with formatting when printing the forms at home. There are still DIY programs that do not offer help or instructions in languages other than English. It would also be difficult to include every possible language, especially those less commonly spoken languages, because there would have to be someone working on the programs who is fluent enough to create help in that particular language. What I like about the DIY programs is that the program walks the user through the forms step by step. The process is quicker and easier than using print forms that often request the same information at different points. Our library has had positive feedback when users accessed the programs; almost all praised its speed and ease of use. We even referred people to the website to find the programs both in person (if they didn’t want to use the library computers) and over the phone. Referring people to use the program helps free up the backlog of people waiting for assistance at the self-help center. I wish there were more programs for more involved yet common situations (such as nonparental custody matters), which would benefit both users and the library staff. Beyond New York The NYS Courts Access to Justice Program has, so far, fulfilled its mission of providing access to low-income litigants. Most of those at our law library who have used the programs were happy because it saved them time, provided them guidance on filling out the forms, and helped them to better understand the questions. The DIY programs are valuable in that users can access them from anywhere at any time. This makes it possible for users to access the forms at their convenience, even if the courts are closed or if they are unable to physically come to the courthouse due to lengthy travel distances. Given their success in New York, I look forward to seeing what DIY programs will be available in upcoming years, and I hope that access to similar programs will be available across the country. ■ Meghan Lenahan (mlenahan@courts.state.ny.us), Information Professional, New York State Unified Court System, Long Island Kathleen Brown (ksbrown@okcu.edu), Associate Director, Oklahoma City University Law Library, Oklahoma City AALL Spectrum ■ November 2013 21