This article, Self-Help Reimagined, from Jim Greiner, Dalie Jiminez, and Lois Lupica explores how better to present Self-Help materials to people going through court procedures without a lawyer.
Indiana Law Journal, Vol. 92, No. 1, 2016
Posted: 21 Jul 2015
Last revised: 16 Jul 2016
D. James Greiner
Harvard University – Center on the Legal Profession; Harvard University – Edmond J. Safra Center for Ethics
University of Connecticut School of Law; Harvard Law School – Center on the Legal Profession
Lois R. Lupica
University of Maine School of Law
Date Written: February 15, 2016
We will never have enough lawyers to serve the civil legal needs of all low- and moderate-income (LMI) individuals who must navigate civil legal problems. A significant part of the access to justice toolkit must include self-help materials. That much is not new; indeed, access to justice commissions across the country have been actively developing pro se guides and forms for decades. But the community has hamstrung its creations in two major ways. First, by focusing these materials on educating LMI individuals about formal law, and second, by considering the task complete once the materials are available to self-represented individuals. In particular, modern self-help materials fail to address many psychological and cognitive barriers that prevent LMI individuals from successfully deploying their contents.
This Article makes two contributions. First, we develop a theory of the obstacles LMI individuals face when attempting to deploy professional legal knowledge. Second, we apply learning from fields as varied as psychology, public health, education, artificial intelligence, and marketing to develop a framework for how courts, legal aid organizations, law school clinics, and others might re-conceptualize the design and delivery of civil legal materials for unrepresented individuals. We illustrate our framework with examples of reimagined civil legal materials.
Keywords: access to justice, low income, pro se, self-help, financial distress, debt collection, adult education
JEL Classification: K40, K41