WHAT TO DO WHEN YOU
CAN’T AFFORD AN
ATTORNEY
Virginia State Bar Public Information Webinar
November 29, 2016
****Disclaimer****
1. Legal advice will not be
provided during this session.
2. The information provided is
general in nature and some
details may vary depending
on the court and jurisdiction.
Presenters
• Karl A. Doss, Director of Access to Legal Services, Virginia State
Bar, Richmond, VA
• Ann Kloeckner, Executive Director, Legal Aid Works,
Fredericksburg, VA
• Toni Dunson, Coordinator, Virginia Lawyer Referral Service,
Virginia State Bar, Richmond, VA
• Gail Warren, State Law Librarian, Supreme Court of Virginia,
Richmond, VA
Presentation Agenda
• Welcome and Introductions (3 minutes)
• Background: Facts About the Justice Gap and the Right to
Counsel (5 minutes)
• Options for Legal Assistance by Counsel (39 minutes)
• Legal Aid (10 minutes)
• Nonprofit Legal Services Organizations (5 minutes)
• Virginia Lawyer Referral Service (7 minutes)
• Virginia.freelegalanswers.org (7 minutes)
• Getting Your $ Worth if You Are Assisted by an Attorney (10 minutes)
• Options for Self-Represented Litigants (12 minutes)
• State Courts Self-Represented Litigant Portal (7 minutes)
• VALegalAid.org (5 minutes)
• Questions (14 minutes)
• Wrap-up and Thanks (2 minutes)
BACKGROUND: FACTS ABOUT THE JUSTICE GAP
AND THE RIGHT TO COUNSEL
“There can be no equal justice where the kind of trial a
man gets depends on the amount of money he has.” U.S.
Supreme Court, Griffin v. Illinois, (1956)
What is the Justice Gap?
The Justice Gap has been defined as “the difference between the
level of legal assistance available and the level that is necessary
to meet the needs of low-income Americans.”
1. Over 80% of the civil legal needs of the poor in Virginia and
nationwide go unmet
2. Individuals who are represented by counsel are twice as
likely to have a favorable outcome compared to those who
are unrepresented
3. There are presently more than 1 million people in Virginia
who are living in poverty. In other words, one in eight
Virginians is eligible for free legal services from Virginia’s
legal aid programs
4. 48% percent of low and moderate income households in
Virginia experience a legal problem each year
(approximately 400,000 legal problems annually).
Seven Facts About the Justice Gap
in Virginia
5. Because of funding cuts and decrease in IOLTA revenue,
Virginia’s legal aid programs have lost 20% of their funding,
resulting in a loss of 20% of total legal aid attorney and
support staff statewide (61 positions total, including 34
attorneys). That leaves just 130 legal aid lawyers to cover
the land area of Virginia or 42,775 square miles. At the
same time Virginia’s poverty population has increased by
over 30%
6. There is one legal aid lawyer per 7,237 poor persons in
Virginia. Compare this to the ratio of one lawyer per 349
Virginians
7. Nationwide, 50% of the potential clients who request legal
assistance from legal aid are turned away due to a lack of
resources. People seeking assistance with family law cases
were turned away 80% of the time
Seven Facts About the Justice Gap
in Virginia
2015 Federal Poverty Guidelines for the 48
Contiguous States and D.C.
Persons in family/household Poverty guideline
1 $11,770
2 $15,930
3 $20,090
4 $24,250
5 $28,410
6 $32,570
7 $36,730
8 $40,890
For
families/households with more than 8 persons, add $4,160 for each additional person
Source: http://aspe.hhs.gov/2015-poverty-guidelines
What is the Right to Counsel”?
• The “right to counsel” means the right to an attorney at public expense
• The Sixth Amendment of the Constitution of the United States provides:
"In all criminal prosecutions, the accused shall enjoy the right . . . to
have the Assistance of Counsel for his defence."
• Gideon v Wainwright (1963), the U.S. Supreme Court held that an
indigent person charged with a serious crime was entitled to the
appointment of criminal defense counsel at state expense. The right to
counsel was later extended to misdemeanor state proceedings and was
recognized by the Court at critical stages in criminal proceedings such as
post-arrest interrogations, line-ups and arraignments.
• In re Gault (1967), the U.S. Supreme Court extended the right to counsel
to children in juvenile delinquency proceedings.
• The right to counsel has been extended to quasi-criminal proceedings
involving the loss of liberty such as mental competency and
commitment proceedings, prison disciplinary hearings, extradition, and
even some family such as some child dependency, abuse and neglect
(TPR) matters.
Is There a Civil Right to
Counsel?
• There is not a right to counsel in civil cases.
• This means that a poor person is not entitled to the
appointment of an attorney at public expense in civil cases
that involve such fundamental human needs as:
1. securing or maintaining custody of their children,
2. maintaining safe and habitable housing,
3. obtaining protection from abusive relationships,
4. securing access to critical health care and
5. receiving disability payments.
• In cases such as these, litigants are often representing
themselves.
Source: Legal Services Corporation, “Documenting the
Justice Gap in America: The Current Unmet Civil Needs
of Low Income Americans” (September 2009)
OPTIONS FOR LEGAL ASSISTANCE BY
COUNSEL
Options for Legal Assistance By
Counsel
• Legal Aid - Ann Kloeckner
• Nonprofit Legal Services Organizations – Ann Kloeckner
• Virginia Lawyer Referral Service – Toni Dunson
• Virginia.freelegalanswers.org – Karl Doss
• Getting Your $ Worth if You Are Assisted by an Attorney – Ann
Kloeckner
A Very Brief History of Legal Aid in the United States
• Although there is no civil right to counsel, the American legal
profession has for more than 100 years professed a
commitment to free legal assistance to the poor through legal
aid societies and bar association legal aid committees. This
movement began in New York and Chicago and spread across
the country into the 1960s
• In 1964, with the launching of the War on Poverty, federal
funds became available to fund civil legal services for the poor.
• The Legal Services Corporation Act defined the scope of legal
services that federally funded organizations could provide as
well as provide an administrative structure for providing funds
to local legal services organizations.
• Since 1980, funding has been significantly challenging for legal
aid offices.
Virginia’s Legal Aid Offices
Legal Aid Programs. There are nine legal programs serving Virginia. These programs help low-income families and individuals
maintain the basics of life: income, shelter, food, health care, education, and family stability and range in size from eight
employees to eighty. They also are assisted by volunteer lawyers through their pro bono programs. Please contact your local
legal aid office for more information about the services offered and types of cases handled.
• Blue Ridge Legal Services
– (540) 433-1830 (provides free civil legal assistance to low-income residents of the Shenandoah
Valley and Roanoke Valley of Virginia; main office in Harrisonburg, offices in Winchester, Lexington, and Roanoke)
• Central Virginia Legal Aid Society – (804) 200-6049 (provides free civil (non-criminal) legal assistance to low income people
who live in, or have legal problems arising in, the cities of Richmond, Petersburg, Hopewell, Colonial Heights and
Charlottesville; and the counties of Albemarle, Charles City, Chesterfield, Dinwiddie, Fluvanna, Goochland, Greene, Hanover,
Henrico, Louisa, Nelson, New Kent, Powhatan, Prince George and Surry; main office in Richmond, offices in Petersburg, and
Charlottesville)
• Legal Aid Works (formerly Rappahannock Legal Services) – (540) 371-1105 (provides free, high-quality, civil legal assistance
to low income individuals families; main offices in Fredericksburg, offices in Culpeper, and Tappahannock)
• Legal Aid Justice Center
– (434) 977-0553 (provides assistance with critical legal problems for low income individuals and
communities through zealous individual representation, group and class litigation, community organizing, policy advocacy,
and media relations; main office in Charlottesville, offices in Richmond, Petersburg, and Falls Church)
• Legal Aid Society of Eastern Virginia – (757) 627-5423 (provides free civil legal services to low-income residents of Accomack,
Chesapeake, Gloucester, Hampton, James City, Mathews, Middlesex, Newport News, Norfolk, Northampton, Poquoson,
Portsmouth, Virginia Beach, Williamsburg and Yorktown; main office in Norfolk, offices in Hampton, Virginia Beach, Belle
Haven, and Williamsburg)
• Legal Aid Society of Roanoke Valley – (540) 344-2088 (provides free civil legal assistance to low income residents of the
Roanoke Valley including full range of legal services in select cases; office is located in Roanoke)
• Legal Services of Northern Virginia – (703) 778-6800 (provides legal representation to applicants residing in the following
cities and counties: Arlington County, Alexandria, Falls Church, Manassas, Fairfax County, Loudon County, Prince William
County, Herndon, Manassas Park, Vienna, and limited legal services to low income residents of Caroline , Culpeper, Essex,
Fauquier, King & Queen, King William, Lancaster, Madison, Northumberland, Orange, Rappahannock, Richmond,
Spotsylvania, Stafford and Westmoreland Counties.; Main office in Falls Church, offices in Arlington, Alexandria, Fairfax,
Leesburg, and Manassas)
• Southwest Virginia Legal Aid – (276) 783-6576 (provides free civil legal services to low-income families in 17 counties and
four small cities in southwestern Virginia; main office in Marion, offices in Castlewood and Christiansburg)
• Virginia Legal Aid Society – (434) 528-4722 (provides free civil legal services to eligible low-income residents in 20 counties
and six cities in Central, Southside, and Western Tidewater Virginia; main office in Lynchburg, offices in Danville, Farmville,
and Suffolk)
Map of Virginia Legal Aid
Program Service Areas
Examples of Services Offered by
Legal Aid Organization
There are several different ways in which an organization can
provide help:
1. Full Representation - by a lawyer or a legal advocate in court or at a
hearing at a government agency.
2. Brief Advice - in person or over the telephone.
3. Legal Clinic - where you can briefly talk to an attorney about your
legal problem.
4. Pro Se Clinics - where you are shown how you can "help yourself"
with a particular legal problem
5. Self-Help - educational materials such as factsheets and brochures
6. Pro Bono Referrals – volunteer lawyers may be assigned to provide
representation
7. Other – workshops and other services.
Eligibility for Assistance by Legal
Aid Organizations
• Eligibility for Services. Some legal aid organizations cannot serve
people with incomes higher than their guidelines. Income
guidelines use a percentage of the federal poverty income
amount. Even if one meets the eligibility requirements, there
is no guarantee of legal assistance from a legal aid
organization in Virginia. NOTE – some organizations may make
exceptions for seniors, people who are HIV positive, victims of
domestic violence, etc. Unfortunately, legal aid offices must
turn away more than half of the people who request legal
services.
• If you have a criminal case and are determined to be eligible
for a public defender or court appointed attorney, the court
will appoint counsel on your behalf.
CAIR Coalition (Capital Area Immigrants’ Rights) provides legal assistance for
detained immigrants – adults and children – in the D.C. metropolitan area as well as
training and support for immigrant advocacy groups and service providers. (202)
331-3320
Community Tax Law Project (Provides free legal help to low wage families and
individuals with tax issues) – (804) 358-5855
Fairfax Law Foundation (Northern Virginia Pro Bono Law Center) Northern Virginia
Pro Bono Center assists individual residents of Fairfax County, as well as Northern
Virginia nonprofits.
Good Samaritan Advocates (Faith-based legal aid organization providing no cost
legal assistance to low-income individuals in the greater Washington, DC area) –
(703) 534-5740, ext. 524 (Fairfax County) and (703) 404-5034 (Loudon County)
Greater Richmond Bar Foundation GRBF’s mission is to expand public access to the
justice system in central Virginia by facilitating the delivery of pro bono legal
services and service projects. Through its programs, GRBF helps the Central Virginia
region with its priority needs for pro bono services and helps connect lawyers with
pro bono clients. Two of GRBF’s pro bono programs are Justice Server, a case
management and referral system that enables private attorneys to accept and work
on pro bono cases from their own computers, and the Pro Bono Clearinghouse, a
referral service linking volunteer attorneys with nonprofit organizations in need of
legal representation on a variety of transactional matters. (804) 780-2600
• LINC (Provides legal, financial and community resources to individuals confronted with issues arising
from the diagnosis and treatment of cancer) – (804) 272-5462 or (877) 644-5462 TOLL FREE
• Virginia Bar Association (VBA) assists Virginia service-members who are getting ready to deploy or are
returning from deployment, find an attorney who will assist them or their family with their legal
services needs on a pro bono or reduced fee basis. (804) 644-0041
• Whitman-Walker Health provides free legal services to its clients, people living with HIV/AIDS, and
members of the LGBT community with public benefits, immigration, wills/powers of
attorney/healthcare directives, and debt collection matters. (202) 939-7627
• Hogar Immigrant Services Its mission is to welcome the stranger by offering immigration legal
assistance at a reduced rate to those who could not afford it otherwise. Hogar also hosts Naturalization
Workshops every month. At each workshop, members of the Hogar Legal team, as well as trained
attorney and non-attorney volunteers, are on hand to assist eligible legal permanent residents (LPRs) in
completing naturalization applications. (703) 534-9805 or (571) 208-1572
• Just Neighbors provides immigration legal services to low income immigrants in the northern Virginia
area. Clients must make 200% or less of federal poverty guidelines and must live in northern Virginia to
qualify for services. Just Neighbors has a special emphasis on humanitarian-based immigration cases
and does not take: removal/deportation cases, asylum cases, family-based petitions. Clients interested
in our services can be screened by calling 703-979-1240 Tuesday - Friday 9 am - 5 pm.
University of Richmond’s Carrico Center:
http://law.richmond.edu/academics/skills/pro-
bono/programs.html
University of Virginia School of Law:
http://www.law.virginia.edu/html/publicserv/probono.htm
William & Mary Law:
http://law.wm.edu/careerservices/currentstudents/probonoandpubl
icservice/index.php
Washington and Lee Law: http://law.wlu.edu/students/service
George Mason Law VBA Pro Bono Society:
http://www.law.gmu.edu/students/orgs/vba
Regent Law Public Service:
http://www.regent.edu/acad/schlaw/careeralumni/publicservice.cf
m#community
Appalachian School of Law: http://www.asl.edu/JD-
Program/Community-Service.html
Liberty University Law: http://www.liberty.edu/law/experiential-
learning/
VIRGINIA LAWYER
REFERRAL SERVICE
(VLRS)
Sponsored by the
VIRGINIA STATE BAR
WHAT IS THE VIRGINIA LAWYER
REFERRAL SERVICE (VLRS)?
The Virginia Lawyer Referral Service or VLRS is the
consumer service department of the Virginia State Bar that
assist the general public with obtaining legal services by
connecting them to Virginia lawyers based on specific
practice of law and required geographic Virginia locations.
WHO BENEFITS FROM THE VLRS?
• General public
• Businesses
• Other lawyers
HOW THE VLRS WORKS
If you think you have a concern or problem that may require the
services of a lawyer, please call the Virginia Lawyer Referral Service
(VLRS).
Your call will be answered by a Referral Specialist who will request your
name, address, phone number, and a brief description of your
problem. Please be aware that the Referral Specialists are not
lawyers, and are unable to answer legal questions or to provide any
form of legal advice or opinion.
If the service has a lawyer that meets your legal concerns, you will be
given the name and telephone number of the lawyer in the city or
county in Virginia requested who has an interest in handling your type
of legal issue. The lawyer will be licensed and a member in good
standing with the Virginia State Bar. You will then call the lawyer to
schedule an up to 30-minute consultation. Any information that you
provide will be strictly confidential.
INITIAL CONSULTATION:
• Up to 30-minutes or 1/2 hour
• In person or by phone
• $35.00 Pre-paid Fee
• Legal advice and interview
IF YOU ARE REFERRED
TO A LAWYER:
• You will be instructed to contact the referred lawyer to
schedule your appointment.
• You are entitled to up to 30-minutes of consultation with
the referred lawyer.
• You are under no obligation to hire or retain the referred
lawyer after the initial up to 30-minute consultation.
• You are required to pre-pay the initial
consult/administrative fee of $35 at time of referral
(receiving the lawyer’s information) by Visa or
MasterCard.
PREPARING FOR THE INITIAL CONSULTATION:
• Write a brief summary of your referred matter
• Have an idea of your goals or your wants for the outcome of the
referred matter
• Have detailed questions that you need answered in regards to the
referred matter
• Have additional paper and pen for taking notes and the answers
provided to your questions for later review and possible actions
• Have interview questions for possible representation by the referred
lawyer. Has the lawyer handled matters similar to what you have
discussed? Are they available to assist you (long-term) with your
issue(s)? What services will be provided? What will the fees or other
cost be? Will he or she be handling your issues personally or will other
lawyers be involved?
• If you have papers/documents involved in your matter, at time of
scheduling the appointment, ask the referred lawyer if you could fax or
e-mail the papers/documents prior to the meeting for his or her review
• Be on time
FOLLOW-UP MEETINGS AND COSTS
The initial up to 30-minute consultation may answer
your questions and enable you to solve your problem.
If your problem requires additional time and work,
you will be responsible for any additional legal fees.
The referred lawyer will be glad to discuss his or her
fees and the cost of services beyond the initial
consultation. However, there is no obligation for either
you or the lawyer to go beyond the initial
consultation.
If No Lawyer Referral Is Required
When you call the VLRS, the VLRS Referral Specialists
will help you to determine if a referral to a lawyer is
needed at that time. The VLRS Referral Specialist will
help to direct you to alternate sources of information
and assistance, i.e., State and/or Governmental
Agencies, or Community and Private State programs.
FREQUENTLY ASKED QUESTIONS
WHAT DOES THE PRE-PAID $35.00 CONSULTATION
FEE COVER?
The $35.00 fee, which is collected by the VLRS at time
of referring, entitles the referred caller to an up to one
half-hour (30 minute) consultation with a VLRS lawyer
that is a VSB member in good standing. The up to one-
half-hour consultation may be by phone or in person.
There is no obligation on either party to go beyond the
initial consultation.
The fee is collected by Visa or MasterCard, a pre-paid
or gift card with a Visa or MasterCard logo, or a postal
mail-in money order.
HOW SOON AFTER A REFERRAL IS MADE WILL
THE CONSULTATION TAKE PLACE?
The VLRS asks that the referred caller allow at least 48
business hours after the initial contact with the
lawyer’s office for the lawyer to return the call and/or
to schedule a phone or office appointment.
Is the referred caller entitled to an up to one-
half–hour (30 minute) consultation with the VLRS
lawyer, even if the referred caller is not interested
in hiring the referred lawyer?
Yes. The $35.00 pre-paid fee entitles the referred
caller to an up to one half-hour (30 minute)
consultation with the VLRS lawyer to address the
referred caller’s legal questions and concerns. The
consultation is not contingent on representation by
VLRS lawyer. Neither the referred caller nor the
referred lawyer is obligated to go beyond the initial
consultation.
IS THE VLRS LAWYER REFERRAL BASED ON
INCOME ELIGIBILITY?
No. The VLRS will refer to anyone 18 years or older
that wishes to consult with an lawyer that is a VSB
member in good standing and that pays the pre-paid
consult fee of $35.00. Referrals to VLRS lawyers are
made based on callers requested Virginia geographical
location and requested area of legal practice.
Virginia.freelegalanswers.org,
https://virginia.freelegalanswers.org
, is actually part of a
new initiative undertaken by the ABA Pro Bono
Committee to build and maintain a fifty state interactive
website to provide online pro bono assistance to low-
income citizens.
To date, over 40 states, including Virginia, have signed up
for the project.
On August 22
nd
, the VSB launched a site on which low-
income Virginians can log onto the internet, file legal
questions and get answers to their questions from
volunteer lawyers licensed in Virginia.
Tennessee was the first state to launch an interactive pro
bono website (OnlineTennesseeJustice.org) six years ago
as a collaborative effort of the Tennessee Alliance for
Legal Services and the Tennessee Bar Association.
Since its inception, the Tennessee website has assisted
over 11,000 clients and signed up over 500 lawyers.
Alabama, Indiana, Minnesota, South Carolina and West
Virginia have also launched similar online pro bono
websites using the Tennessee software.
In 2015, the Virginia Access to Justice Commission and
the VSB Special Committee on Access to Legal Services
recommended that Virginia should have a similar website
hosted by the VSB.
While Virginia.freelegalanswers.org is not a
substitute for full representation by a lawyer, it
will increase the availability of legal resources
and legal information to low income Virginians
by providing users with convenient, 24 hours a
day, 365 days per year access to lawyers who
can answer their legal questions.
Users can access the service and pose
questions from their smart phones or anywhere
they can have access to a computer and an
internet connection, such as a public library.
Lawyers who sign up for the website will provide
limited scope pro bono legal advice to low-income
persons.
Eligible clients may ask questions about and receive
answers involving all types of civil legal problems.
It is anticipated that access to the service would be
limited to Virginia residents who have income levels of
250% of the federal poverty guidelines or less (or a
household income of just over $29,000 per year for a
single adult), which is a bit higher than the threshold
used by non-profit pro bono legal services providers.
When a prospective client logs on, they will answer series
of questions regarding their income, residence and assets.
If they are determined to meet eligibility guidelines, then
their question is placed in a queue for Virginia lawyers.
If they exceed eligibility guidelines, they will be advised
accordingly and referred to other potential resources
where they might receive legal assistance.
The user will post a request for legal advice information and provide facts
that will help the lawyer answer the question. Users will be able to go back
to their posted question one time to add information.
Lawyers, who are licensed and in good standing and registered for the
service, review questions and are free to select and respond to a question
based on applicable Virginia and/or federal law.
The lawyer may ask for additional information before responding to the
user's request. The user will have a choice to respond to that request or
not. The attorney and user may engage in a dialogue concerning the
question.
If a lawyer responds to a user's request, the user will receive a written
response through the website. The attorney closes the dialogue with their
response.
The VSB will periodically review the queue for unanswered questions and
advise volunteer lawyers about questions still requiring a response.
However, if no lawyer responds to a request after 30 days, the request will
be removed and VSB will notify the user.
National
Page
Users select their state of
residence here.
State
Homepage
A Virginian who’s never
used the site would
select “Get Started”
Clients -Ask
a question
page
To reach this page, clients
complete:
• New client information
page (name, email,
county)
• New client information
page OPTIONAL
(requests demographic
information)
• New client information
page REQUIRED (age and
income screening)
Attorneys -
Pick a
question
When a client posts a
question, it is sent to the
queue of questions and
attorneys can select which
question they’d like answer.
Wed 5/11 40
Attorney
Responds
An attorney answers the
question and decides if they
will leave the queue open
for additional questions or
close the conversation.
Client –
Question
closed
When an attorney closes a
question, the client is
notified that a question has
been closed and is
prompted to take a survey.
THE COST OF AN
ATTORNEY
Retainer (like a down payment for future work)
Hourly rate (can be up to $300-$500 per hour)
Incidental costs (copying, support staff, supplies)
Court costs and filing fees (subpoena fees, witness
fees)
SO THE COST CAN ADD UP FAST!
How will you be charged?
By the hour?
By the case?
One rate for everything or different rates for different
activities (like a rate for going to court vs. settling
outside of court)?
Charged for a full hour even if only part of an hour is
used?
BEFORE YOU START
Get all fee agreements in writing.
Be clear about what you will be charged for.
Will you be charged for just the attorney’s time or
her/his staff’s time, too?
What happens when the retainer runs out?
What else will the attorney charge you for besides
time spent working on the case? E.g., copying,
office supplies, filing fees, witness fees.
Can you get a refund on the retainer? Under what
circumstances?
Tips for Saving Money
Be prepared!
Take time to think about what to say.
Write notes and plan your main points.
Ask up front what the best way is to lower costs.
Be clear, to the point, direct.
Keep detailed records to compare to the attorney’s bills.
REMEMBER: TIME IS MONEY!
SOME ATTORNEYS BILL FOR EVERY PHONE CALL,
EVERY EMAIL, EVERY CONVERSATION. PLAN AHEAD!
Tips for Saving Money
Store up several questions rather than calling every
day with one or two questions.
Find out what is the best way for the attorney to get
your questions (Email? Voice mail? Talk to the
staff?).
Keep organized! Folders, binders, indexes, outlines.
Always have a file of pertinent documents ready
when speaking with the attorney.
Set the reasonable expectations for communication.
How long does it typically take until your
phone/fax/email is answered by the attorney?
Tips for Saving Money
Ask the attorney if you can save money by doing
some of the footwork or research on your own. Find
your own court documents, do some sleuthing.
Tell the truth
Everything you say to your lawyer is private, secret
and confidential. Your lawyer can’t properly
represent you unless you tell the truth about
everything.
Nothing will ruin your case quicker than being caught
in a lie, even if it is on a matter that does not seem
“important” to the case. Your credibility is the most
valuable tool you have.
Answer questions directly. Your lawyer needs
detailed information and direct answers to questions
in order to best help you.
Listen to Your Lawyer
Even if it is advice or information about the law that
you don’t want to hear, your lawyer knows the law
and how it’s likely to be applied to your facts and
your case.
Your Cousin Larry, Aunt Effie, or the guy on Law And
Order are not legal experts. Their opinions on your
legal issues are likely not as reliable as your trained
professional attorney’s opinions.
Every case is different. Comparing your case to your
neighbor’s case is usually not helpful.
Ask questions
You need to understand what the law in your case is,
and what your lawyer is telling you. You also need to
know what you and your lawyer are going to do next.
Ask more about “what is” and less about “what if”.
Your lawyer needs to focus on things that have
happened and are happening, and not on things that
may or may not happen. It is really hard to
accurately predict outcomes.
Be organized
Keep records. Letters, notices, contracts, leases,
bills, receipts, court papers and other documents
about your case are very important to your lawyer.
Stay organized. Your papers aren’t useful unless
you can find the ones you need and show them to
your lawyer.
Bring your documents with you. If you come for a
meeting, bring your papers. If you call, have your
papers at hand and well organized when you call.
Keep your lawyer informed
Provide key documents and information. If your
lawyer asks you to get a specific record, it is
important to your case and your lawyer needs it.
Always provide updated phone/address/email.
Tell your lawyer about changes in income, assets,
developments in the case and important new facts or
circumstances.
Time is money.
Keep appointments. If something unexpected keeps
you from an appointment, call in advance of the
appointment to reschedule.
Respect your lawyer’s time. Your lawyer is busy and
has many clients, with a tight time schedule. Use
your limited time with the attorney wisely.
Return phone calls/letters/emails from your lawyer
promptly. Your lawyer will make every effort to return
your call within a day or two. You should do the
same.
Keep your eye on the prize
Stay focused. Your lawyer will concentrate on what’s
most important to your case and not concentrate on
what’s least important to your case. You should do
the same.
Stay calm. No one asks for legal problems and very
few people like dealing with them. But very little gets
done when you are stressed, anxious, worried or
overly emotional.
What do you want/need?
Be realistic. Most legal disputes end in a settlement.
Although you may not get everything you want, neither
will the other side.
Be forward looking. Your lawyer can’t help you change
your past, but she/he might be able to help you change
your future.
Be consistent in what you want. Once you decide what
you want from a case, stick to it unless there is an
extremely good reason to change.
Be flexible. There are many ways to get what you want.
Be willing to give up what’s less important so you can get
what’s most important.
At court
Listen and don’t distract your lawyer. Your lawyer
has to pay close attention to the witnesses, the judge
and the other lawyers at trial. You should do the
same.
Bring a notepad and write down your comments and
questions. Wait until the lawyer tells you it is OK to
show him/her your comment/question.
Wrapping up
When a case is over, ask for a copy of your file (and
pay for the copies).
Be sure to keep a copy of all important court orders
and legal documents in a safe place.
Keep notes, diary, timeline of everything that
happens in your case, and when concluded, file
those notes with the important papers so you have a
record of everything that happened.
Did your lawyer screw up?
• Contact the Virginia State Bar to find out about filing a
misconduct inquiry. (866) 548-0873
• Remember: just because you did not like the outcome of the
case does not mean the lawyer screwed up.
• If you feel the lawyer did make a mistake, please report that
to the Virginia State Bar. They will investigate all inquiries
about possible attorney misconduct.
OPTIONS FOR SELF-REPRESENTED
LITIGANTS
Options for Self-Represented
Litigants
• Virginia Judicial System Court Self-Help Website – Gail Warren
• VALegalAid.org – Ann Kloeckner
Virginia Judicial System Court
Self-Help Website
• In June 2016, the Supreme Court of Virginia announced the availability of a
new website for self-represented litigants in the Commonwealth. The
Virginia Judicial System Court Self-Help Website at
http://selfhelp.vacourts.gov/, provides neutral legal information in topical
areas commonly sought by self-represented litigants, such as traffic tickets,
divorce, and landlord and tenant issues.
• The website was created by the Committee on Access for Self-Represented
Litigants of the Virginia Access to Justice Commission. Selfhelp.vacourts.gov
features web responsive design that works on computers, smartphones, and
other mobile devices. Content was drafted to meet guidelines for lower
literacy and reading levels. The nominal annual cost of this service is
covered by the Virginia State Law Library.
• At each topic, the reader will see a brief description of the area of law by
way of a question and answer format. This information is not intended to
take the place of advice from an attorney licensed to practice in Virginia —
it is intended to provide basic information about the topic and links to other
sources of helpful, reliable information, including state agency websites and
legal services organizations’ websites.
Self-Help Website - Homepage
The site features glossaries of legal terms used in the district and circuit courts, instructions for routine processes, and
informational videos, with the goal of making Virginia’s courts more accessible for all citizens. In August, the site was
updated to include a link to Virginia.freelegalanswers.org, a project of the Virginia State Bar.
Self-Help Website – Custody, Visitation & Support Page
Each page also provides options for printing, viewing and saving the page as a PDF, and scanning the
content — see the icons on the right side of the page. In some cases, there are links to relevant forms.
VALegalAid.org
• Go to www.VALegalAid.org , a website that can help you find
civil legal information, including forms, and answers to legal
questions in matters involving consumer, debtor rights, elder
law, employment, family and domestic/sexual violence,
housing, education, benefits, health, immigration, social
security, tax, Temporary Assistance for Needy Families (TANF),
and veterans/military.
VALegalAid.org - Homepage
1. Visit the Pro Bono/Access to Legal Services pages on the
VSB website (www.vsb.org
),
2. “Like” the Virginia State Bar Access to Legal Services
Facebook page (https
://www.facebook.com/Virginia-
State-Bar-Access-to-Legal-Services-715445355256426/
), and/or
3. Contact Karl Doss, Director, Access to Legal Services
(804-775-0522 or [email protected]
)
