Other Approaches to Lower Costs

One of the ways to improve access to affordable legal services is to allow licensed, independent paralegals to perform routine legal services in such fields as landlord-tenant and bankruptcy. That was the subject of last week’s column. The State Bar Commission on Legal Technicians had recommended just such an approach.

The commission made several other recommendations that could help make the law more understandable to average folks. Here are some of them, with my comments.

* Increase the jurisdictional limit of small claims courts to $5,000. In January of next year, the current ceiling of $2,000 will go to $2,500. There is a bill pending before the legislature that would increase it to $5,000. Earlier attempts to increase the limit to $5,000 were unsuccessful. Small Claims Court, where you represent yourself without a lawyer, is an excellent way for people to solve relatively minor disputes (minor, that is, when compared to the kinds of cases heard in superior or municipal court). It simply isn’t cost effective for two sides to each pay a lawyer $500 to $1,500 to help resolve a case that is only worth $4,200.

* Implement a courthouse information office (or else authorize court clerks) to provide basic information about required forms and court procedures, similar to the advisory service in small claims court. Court clerks are generally reluctant to explain how to fill out a court document because of the possibility that they will be accused of the unauthorized practice of law. In San Francisco county last year, 60% of the petitioner’s filings in family law court were filed without a lawyer, according to the commission. Other counties experience similar trends. For those who are unable or unwilling to pay for a lawyer, some basic guidance through the courthouse thicket can only help improve the administration of justice.

* Expand Neighborhood Justice Centers and other methods of alternative dispute resolution. A great idea. Mediation is a way to help people resolve their disputes in a less formal setting than courts, with less effort spent on fact-finding and more emphasis on working together to find mutually satisfactory solutions. The Neighborhood Justice Center in Santa Monica (213-854-0122) was one of the first, and is open to all.

* Consider a requirement that service of an unlawful detainer complaint include information on how to obtain responsible legal assistance. What this proposes, translated into English, is that when your landlord slaps you with an eviction lawsuit, you receive a piece of paper explaining how to find a lawyer to fight the suit. That would be especially valuable to someone unfamiliar with the legal system and lawyers, which is probably the case with most people who are facing eviction proceedings. Maybe that sort of information sheet should accompany the complaint in any kind of lawsuit.

There are plenty of other ideas kicking around to make the law more accessible, but what makes these interesting is that they were all proposed by a commission appointed by the State Bar of California.

They reflect the increasing recognition within the legal profession that affordable legal services must be a top priority.

And they should be.