EQUAL JUSTICE AND THE DIGITAL REVOLUTION: USING TECHNOLOGY

TO MEET THE LEGAL NEEDS OF LOW-INCOME PEOPLE

A REPORT BY JULIA GORDON

On the

Project for the Future of Equal Justice

We know Technology has changed the way we do everything including work, play, communicate, learn and obtain goods and services

The pace of change has not been the same for every part of society

IN THE MID-1990s, ORGANIZATIONS PROVIDING CIVIL LEGAL ASSISTANCE TO LOW-INCOME PEOPLE WERE BEGINNING TO USE NEW TECHNOLOGIES ON AN INCREASINGLY REGULAR BASIS

Word processing Accounting software Early computerized case management systems Few programs had their own websites Only a minor portion of those few websites had legal or

practice information for staff and clients < 1/2 of advocates used outside email or computerize legal

research tools and less than that had access to the internet

THE PROJECT FOR THE FUTURE OF EQUAL JUSTICE, A JOINT EFFORT BY NATIONAL LEGAL AID AND DEFENDER ASSOCIATION AND THE CENTER FOR LAW AND SOCIAL POLICY 1997-2001 (NLADA AND CLASP)

THE PROJECT’S GOAL WAS TO HELP LEGAL SERVICES PROGRAMS INCREASE AND IMPROVE THEIR USE OF NEW TECHNOLOGIES

THE PROJECT FOR THE FUTURE OF EQUAL JUSTICE, A JOINT EFFORT BY NATIONAL LEGAL AID AND DEFENDER ASSOCIATION AND THE CENTER FOR LAW AND SOCIAL POLICY 1997-2001 (NLADA AND CLASP)

To help legal services programs improve and increase use of new technologies…

– Setting up websites devoted to increasing use of new technologies

– Training and education on new technologies

– Modeling the use of innovative technology

– Disseminating information about best practices

– Pushing increased funding for technology

– Convening advisory groups to plan and provide a vision

IN 2002…

Almost every legal services advocate has access to the internet and email and uses both daily

Legal aid programs have sophisticated case management systems Many legal aid programs have document assembly software to

generate correspondence and pleadings Most legal aid programs have some sort of website More than 30 states have state websites with information useful to

both advocates and clients and other states are in the process of building such a site

National websites have substantive legal information and information on delivery, management, and technology

States have a central phone number for client referral or to obtain brief advice about their legal problems

THE TECHNOLOGICAL ADVANCES OF 2002 HAVE HAD A HUGE IMPACT ON THE LEGAL COMMUNITY

Expanded access to legal information for both client and advocates through internet and email technologies

Expanded access for clients by using telephones for screening, obtaining basic client information, referrals, and providing brief advice and services, and also by posting information on the internet

Better case management and data collection, along with automated templates for document creation

Improved communication between lawyers and clients through new telephone technologies, cell phones, and videoconferencing

Easier staff and volunteer recruitment through email and internet New Avenues for outreach to clients and the public Increased training opportunities for advocates The result is a greater sense of community through technology

8 RECOMMENDATIONS FOR THE LEGAL SERVICES COMMUNITY TO CONTINUE TO IMPROVE ITS USE OF TECHNOLOGY TO PROVIDE EQUAL JUSTICE FOR ALL

NEW TECHNOLOGIES ALLOW LEGAL ASSISTANCE PROVIDERS TO

CONDUCT BETTER RESEARCH WORK MORE COLLABORATIVELY WITH OTHER ADVOCATES LEARN MORE READILY WHICH WOULD RESULT IN:

– HIGHER QUALITY WORK PRODUCT– SERVING CLIENTS MORE EFFICIENTLY

A FEW EXAMPLES OF HOW TECHNOLOGY COULD IMPROVE LEGAL SERVICES CLIENTS COMMUNICATING ATTORNEY USING VIDEO-

CONFERENCING INEXPERIENCED PRO SE LITIGATORS VISITS COURT

WEBSITE WITH INSTRUCTIONS, VIDEO TOUR, HELP WITH HIS CASE, HELP FEEL LESS INTIMIDATED

NEW FORMS CAN GET IMMEDIATE DISTRIBUTED CHECKING FOR CONFLICTS OF INTERESTS INSTANTLY,

EVEN BETWEEN SATELLITE LEGAL AID OFFICES EMAIL COMMUNICATION BETWEEN ATTORNEYS OF

DIFFERENT JURISDICTIONS A PRO BONO ATTORNEY ACCESSES A STATE-WIDE

WEBSITE TO ASSIST HIM IN AN AREA OF LAW HE IS UNFAMILIAR WITH

STATISTICS

1997-18.6% HOMES HAD INTERNET ACCESS 2001-54% HOMES HAD INTERNET ACCESS ON-LINE SALES WERE $13.8 BILLION

DURING 2001 HOLIDAY SEASON BUT, WHILE OVERALL INTERNET USAGE

HAS INCREASED, THE NON-PROFIT COMMUNITY LAGS BEHIND THE BUSINESS COMMUNITY IN ADOPTING NEW TECHNOLOGIES

STATE’S TECHNOLOGY PLANNING PROCESSES COVER: Software acquisition User training and technical assistance Case management systems Free on-line informational resources New technologies for pro se delivery New technologies for intake Communications among legal services and

social services

WHAT CAN BE DONE ON THE NATIONAL LEVEL? Establish a national support network to

link the specialized websites providing targeted information

Establish a national technology-based support center to fill support gaps and improve access to information for low- and moderate-income people

FOCUS ON ADVOCATES

What do advocates want? What can advocates do to increase the

flow of technology? On-line resources for advocates

WHAT DO ADVOCATES WANT?

ADVOCATES WANT TO FEEL MORE CLOSELY CONNECTED TO EACH OTHER AND THEIR CLIENT COMMUNITIES

ADVOCATES WANT TO LEARN HOW NEW TECHNOLOGIES CAN HELP THEM PROVIDE BETTER AND MORE SERVICES TO THEIR CLIENTS

WHAT CAN ADVOCATES DO?

SHARE YOUR WORK-USE AND CONTRIBUTE TO COLLECTIVE KNOWLEDGE BASES

THINK CREATIVELY ABOUT TECHNOLOGICAL SOLUTIONS TO PROBLEMS YOU ENCOUNTER AT WORK, AND TELL YOUR MANAGERS AND IT STAFF ABOUT NEEDS YOU IDENTIFY

TAKE RESPONSIBILITY FOR UNDERSTANDING THE SOFTWARE YOU USE, AND ASK FOR MORE TRAINING IF YOU NEED IT

USE TECHNOLOGY, SUCH AS THE INTERNET OR VIDEOCONFERENCING WITH CLIENTS WHO HAVE TROUBLE COMING INTO THE OFFICE FOR ONE REASON OR ANOTHER

WHAT CAN ADVOCATES DO? (continued)

COLLECT STORIES ABOUT WAYS IN WHICH TECHNOLOGY HAS HELPED YOU HELP YOUR CLIENTS AND SHARE WITH OTHER ADVOCATES

PROBE CLIENTS FOR TECHNOLOGY BASED OBSTACLES THEY MAY BE FACING AND EXPLORE SOLUTIONS

CONSIDER HOW YOUR CLIENTS COULD USE NEW TECHNOLOGIES TO ACCESS INFORMATION THAT WOULD HELP THEM PREVENT LEGAL PROBLEMS OR LESSEN THEIR SEVERITY

EDUCATE CLIENTS THAT YOU CAN’T REPRESENT ABOUT TECHNOLOGIES THEY COULD USE TO ADDRESS PROBLEMS ON THEIR OWN

ON-LINE RESOURCES FOR ADVOCATES

www.probono.net – Online tools to support poverty law advocates & pro bono

attorneys – Allows users to share information on-line– Training materials, model pleadings, links, current events

page– Member email lists

www.lawhelp.org– Geared toward the general public and people searching for

assistance with legal problem– Referrals, community legal education programs, pro se

materials, links to social service support

ON-LINE RESOURCES FOR ADVOCATES (Continued) www.corporateprobono.org

– Help in-house counsel find pro bono opportunities

– Help organizations with pro bono programs to attract volunteer attorneys by posting program information

www.illinoisprobono.org– Training and practice support for Illinois attorneys

– Directory of legal organizations

– Volunteer opportunity search

CREATING EQUAL JUSTICE

Improving program and office management Increasing access to assistance and information for

advocates Improving client education, preventing legal

problems and assisting pro se litigants

IMPROVING PROGRAM AND OFFICE MANAGEMENT

Intake- Use telephone to weed out potential clients and provide referrals. Saves multiple trips and meeting time.

Case management systems- Have all client intake information entered into a database. Quicker conflict checks, easy statistics, case transferability, and a supervision benefit.

Data collection- simplify collecting and aggregating data. Easier for reporting to funders, tracking costs, and sorting by demographics.

IMPROVING PROGRAM AND OFFICE MANAGEMENT (cont)

Document assembly- automatically generate forms, pleadings, or correspondence, using preformatted text. Set a standard of quality and can be easily updated. Automatic calculators, child support, income tax credits.

Remote representation- cell phones, lap tops, PDAs has almost all information at an attorney’s fingertips. Videoconferencing- avoids traveling time for meetings.

Staff and volunteer recruiting- Job Postings, Legal aid providers- list serves send information quickly to those who want it.

INCREASING ACCESS TO ASSISTANCE AND INFORMATION FOR ADVOCATES

Research- the switch from books to the internet has led both advocates and consumers to up-to-date informational resources.– Legal Research and Public Information

• Published opinions, regulatory info, law review• Overcomes limited time and library resources• Obtaining info about opposing party is simplified• Instant updates about government programs and

social services available to clients. (e-mail, listservs)

INCREASING ACCESS TO ASSISTANCE AND INFORMATION FOR ADVOCATES (cont)

– Equal Justice Information- Increase in legal aid programs. Provide advocates with resources including brief banks, training calendars, practice manuals, research material, bulletins on legal developments, and links to related sites.

• www.nlada.org, www.ptla.org, www.helpmelaw.org, www.nwjustice.org

Training- legal services have begun to use technology-based tools for increasing advocate access to training. – See www.m-i-e.org, and state websites for registration, calendar,

and syllabi.

– Tools used in Training: Videos, Cd-Roms, Streaming videos, Online classes, Online Workshops, and Online Audio Links.

INCREASING ACCESS TO ASSISTANCE AND INFORMATION FOR ADVOCATES (cont)

Communications and Community- The use of e-mail and listservs has promoted advocates to communicate and collaborate easily, inexpensively, and frequently. Ultimately achieving better representation for the client.– Electronic Filing- the next step. See www.ptla.org Pine

Tree Legal Assistance

IMPROVING CLIENT EDUCATION, PREVENTING LEGAL PROBLEMS, AND

ASSISTING PRO SE LITIGANTS Information for Low-Income People and

Communities- before people relied on an attorney which took up valuable time and resources and a client’s child care needs and work schedule.– Brochures and other forms of info have moved to

websites eliminating: distribution issues, traveling, phone calls

• Remaining problems- internet access, low literacy skills, little computer exposure, or mental illness.

• Yet, information accessible to intermediaries such as friends, relatives, social service workers, librarians, and teachers.

– Hyperlinks- interlinked sources help clients find a great deal of content.

IMPROVING CLIENT EDUCATION, PREVENTING LEGAL PROBLEMS, AND ASSISTING PRO SE LITIGANTS (cont)

– Tools Include:

– Website tools:• Zip code/county searches which locate services near clients

• Pro Se websites that help litigants create properly formatted, attractive, and persuasive court forms and pleadings

– Computerized logic templates to help analyze their case and highlight which information is appropriate info to the court.

– Courthouse Kiosk/Library Tools/or Online:• Video screens- show how to navigate through the courthouse

– How to present their case

• Audio files- present information for clients who can’t read (due to illiteracy or disability)

IMPROVING CLIENT EDUCATION, PREVENTING LEGAL PROBLEMS, AND ASSISTING PRO SE LITIGANTS (cont)

Hotlines- Don’t forget the telephone!! Hotlines can provide advice, referrals, services, or conduct intake for legal aid programs.– Computerized case management systems provide easy

tracking and conflict checks

POSSIBLE AREAS OF IMPLEMENTATION FOR KIOSKS, VIDEOCONFERENCING, INTERNET

ACCESS

SUGGEST PLACING THESE TOOLS IN LIBRARIES, POST OFFICES, HOMELESS SHELTERS, BATTERED WOMEN’S SHELTERS, CHURCHES, POLICE STATIONS, GROCERY STORES, OTHER COMMUNITY POINTS, TARGET, WAL-MART

NO TRAVEL, SAVING TIME AND MONEY, FASTER INTAKE

RECOMMENDATION #1

Broaden the base of funding for technology-related work.

RECOMMENDATION #2

Address substantive issues at intersection of technology policy and low income policies (access, literacy, training, computer intelligence)

RECOMMENDATION #3

Provide community legal education and assist pro se litigants

RECOMMENDATION #4

Create a culture of information sharing

RECOMMENDATION #5

Develop better and more integrated technologies

RECOMMENDATION #6

Higher commitment to technology at organizational level

RECOMMENDATION #7

Evaluate the use of new technologies

RECOMMENDATION #8

Work collaboratively to plan, execute and support technology-based work.

LSC TIG initiatives

http://www.lscopp.com/techsite/Linkpages/TIG%202003%20Notice.doc