5/24/2009

State court officials grappling with self-represented litigants

Court officials grapple with self-represented litigants

By DAVID CLOUSTON

Salina Journal

More Kansans are representing themselves in court without a lawyer, and the trend hasn't escaped the notice of the state's judicial executives.

The court officials' leading concern? A proliferation of generic forms for matters such as divorce that are often poorly drafted or don't comply with Kansas laws.

A Google search of "Kansas divorce forms" for instance, yields a bounty of online sources promising free or low cost do-it-yourself uncontested divorce kits.

Kansas clerks and judges surveyed say that often these forms are not completed fully or accurately. The survey by the Kansas Judicial Council also found that as much as 15 percent of district court clerks' time was taken up helping self-represented litigants. And one of the most frequently requested services was to provide legal forms.

"We need to make courts more accessible, while realizing the real need for attorneys to be involved in the process. There are things too complicated for people to do themselves," said Ellis County District Court Chief Judge Edward Bouker.

The Kansas Judicial Council, which makes recommendations for court improvements to both the Legislature and the State Supreme Court, has drafted a set of divorce forms to be used by all district courts in the state. Judges and lawyers have until July 1 to comment on the proposed forms before the Supreme Court considers their adoption.

Although divorce forms are a focus of attention, the court system is also studying whether there is a way to get self-represented litigants to consult with an attorney for limited services at a reduced cost.

Unbundled services

About a year ago, the Supreme Court adopted rules for attorneys to enable what are called "unbundled legal services." It's an arrangement whereby attorneys, rather than charging a retainer and seeing a case through to the end, are hired to do specific tasks for a fee, such as drafting documents or explaining court procedures to clients.

There are pilot projects running now in about four district courts to test the arrangement, including in Ellis County, where Bouker is the chairman of a state committee studying self-represented litigants.

"Everybody tends to be happier," said Bouker, of the fee for individual services arrangement. "Each side knows what they're committing to and have some control over."

"It certainly applies to cases beyond (divorce)," he said. "It would not apply to criminal cases. All other civil cases, it would."

The pilot projects are slated to last through the end of 2010. During that time, lawyers in each district will be encouraged to offer limited representation, said Art Thompson, with the state's Office of Judicial Administration.

Bouker said his committee will look at statistics to see how many people took advantage of unbundled legal services, and what they saw as the advantages and disadvantages.

Some lawyers worried

"What it allows them to do is pick and choose what elements of representation they want to hire you for," said Norton attorney Dan Walter, who is chairman of a subcommittee on unbundled legal services.

Most full-service divorce cases, even if uncontested, will cost a client no less than $1,000 to $1,500 for an attorney's services, Walter said.

An attorney might charge as much as $500 less solely to prepare someone's property settlement agreement as part of their divorce.

"Some lawyers are upset, thinking it's taking business away from them," Walter said. "I think it has the potential to make lawyers money and make people happier. You're not going to be sticking time into a case you're never going to get paid for."

n Reporter David Clouston can be reached at 822-1403 or by e-mail at dclouston@salina.com.

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