Posted 12:28 am Wednesday, March 10, 2010
Reference Attorney Funding Approved
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START-BYLINE-1By ADAM RUSSELLEND-BYLINE-1
START-BYLINE-1By ADAM RUSSELLEND-BYLINE-1
ADAM RUSSELL
Staff Writer
County law librarian Cristy Keul answered questions and provided paperwork for four walk-ins seeking to represent themselves in court, or self-represented litigants. She also answered two phone calls, set up an appointment and told two potential self-representatives where to wait for their appointment, all in the span of 20 minutes.
Staff Writer
County law librarian Cristy Keul answered questions and provided paperwork for four walk-ins seeking to represent themselves in court, or self-represented litigants. She also answered two phone calls, set up an appointment and told two potential self-representatives where to wait for their appointment, all in the span of 20 minutes.
The law library is busy. In the past, Keul said, visits were made by lawyers, their staff, and the occasional resident. Self-represented litigant is the term used for any person who wishes to represent himself in a court case. Now more than ever self-represented litigants are attempting to bypass years of schooling, the state bar exam and paying for legal representation with a do-it-yourself mentality, Ms. Keul said.
The county's law library allows attorneys, staff and residents access to law reference and case books. As public use has risen so has the burden on library staff and court coordinators who attempt to point people in the right direction but cannot give legal advice.
Ms. Keul said most often do-it-yourselfers have little idea about any part of the legal process.
"The perception is that if you have a piece of paper you can represent yourself," Ms. Keul said. "The reality is you have to have the right piece of paper and know what to do with it."
On Tuesday the county approved $25,000 which will be matched by the Smith County Bar Association to pay a reference attorney to help individuals navigate uncontested family court proceedings. The $25,000 came from the law library which is self-funded through fees, Auditor Ann Wilson said.
For Ms. Keul and the reference attorney Holly Monk, the word uncontested is paramount. For divorce proceedings, uncontested means there is no dispute about getting the divorce, dividing property and debts or what to do with children.
The reference attorney is limited to uncontested family matters such as divorces, name changes and modifications for child support and visitations because "complications" accrue quickly when anything is disputed, Ms. Monk said.
Ms. Monk said she can explain procedures and review paperwork to make sure the person is prepared correctly. However, she cannot legally give legal advice to someone she does not represent, she said. When legal matters are too complicated, Ms. Monk and Ms. Keul advise legal representation be sought.
Bar president and local attorney David Hudson said the resource is limited to simple proceedings and should help individuals while decreasing the backlog of family cases.
"There are not many resources available to help people who decide they want to represent themselves in matters," he said. "I would always recommend having an attorney but for some people that just isn't an option."
The reference attorney has been a "Godsend" for 321st District Court Judge Carole Clark, whose court handles family matters including divorce proceedings. She said the number of people who represent themselves for divorces has steadily risen in her 12 years on the bench. She said a slumping economy has also given rise to self-representation.
Most self-represented cases involve people unable to afford an attorney, Judge Clark said, or who do not qualify for volunteer attorney services.
"The number of people who want to represent themselves has just increased and increased and increased," she said.
Her office has become inundated with residents seeking answers about filing proper paperwork, child support calculations and general law questions, Judge Clark said.
From 2007 through 2009, 3,863 divorces were filed in Smith County. Ms. Keul estimates that around 40 percent of divorce proceedings involve self-representation. Ms. Monk said she sees between 40 and 60 people a month, not including phone calls.
Ms. Monk is an independent contractor and runs a private practice but said the bulk of her time is spent at the law library.
Judge Clark said Ms. Monk bridges the gap between the public and justice system staff who cannot tell them what to do. The program is helping courts move cases more quickly, because self-represented litigants are prepared, Ms. Keul said.
"Some cases take one hour to an hour-and-a-half rather than 15 minutes because people show up and don't know how to proceed, or don't have the proper paperwork filled out," she said. "
The matching $25,000 was raised last year by bar members who partially fund the program through its foundation. Ms. Monk and Ms. Keul said they had not heard any negative feedback from attorneys who felt the service was stealing clients.
Ms. Keul said most attorneys do not see these individuals as potential clients. She said, typically, people who want to represent themselves have done the research and decided legal representation is not economically feasible.
"We have a wonderful legal community here and I think this is something the judges and everybody involved have been talking about for some time," she said. "It really helps everyone."
The county charges for printing ($3.75 and $7.50) uncontested divorce forms. To access forms before visiting the law library go to
