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- This print module was produced by the Michigan Judicial Institute (MJI)
specifically for Michigan Court Support Personnel.
- The intent of this print module is to provide staff with information on
the following topics:
- Demystifying the court process for all court customers,
- Providing helpful service to all customers, including the
self-represented, without giving legal advice,
- Identifying resources that could assist persons entering the court
process.
- The information is presented in a quick-read format and is intended to
serve as a tool for learning, reflection, and dialogue.
- If you are interested in additional training related to this topic,
please refer to:
- “I’m Sorry, I Can’t Give Legal Advice!” MJI training program on CD, and
- “Case File Management Standards” developed by the Michigan State Court
Administrative Office
- For inquiries on this or other available Michigan Judicial Institute
training resources, contact MJI at (517) 373–7171.
- This publication is funded by the Michigan Justice Training Commission
(MJTC). These materials may not
be reproduced without prior written permission from MJI.
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- “One of the basic principles,
one of the glories,
- of the American System of Justice
- is that the courthouse door
is open to everyone,
- the humblest citizen,
- the indigent,
- the convicted felon,
- the illegal alien.”
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- There are exceptions to the rule of self-representation as follows:
- An officer or employee of a corporation, partnership or other
organization who is not a member of the State Bar may not file papers
or appear in court for the entity.
MCR 4.301(B)(2) and MCL 600.8407(3)
- A trustee, guardian, conservator, “next friend”, agent, or one serving
under a “power of attorney” may not file papers or appear as counsel in
court unless the person is a licensed lawyer in this state.
Cobb v Judge Superior Court of Grand Rapids, 43 Mich 289; 5
N.W. 309 (1880)
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- “With so many citizens
- electing to represent themselves,
- there is a critical need
- for a system-wide, coordinated effort
- to develop and implement
- strategies which assist
- the self-represented litigants
- and still addresses
- the needs of the courts.”
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- Read the requests below. If the
request constitutes legal advice, circle the question number.
- Has a complaint (or petition, motion, response, answer, certificate of
service, objection, etc.) been filed yet?
- I just got this summons and complaint.
It says I have to file an answer or I will be subject to
default. I can’t afford an
attorney and I don’t trust them anyway.
What is an “answer”? What
does one look like? What does it have to say? What does “default” mean?
- When is my answer due?
- What does ‘interrogatory’ mean?
- When will the court decide my case?
- Do I have to do anything else?
- Here is the situation...How can I get the Court to resolve this thing?
- I need to file a motion for extension of time to file my papers. Does the court have a rule about
that? What will the judge think
if I’m late?
- What are my rights?
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- Numbers 2, 3, 5, 6, 7, and 9 should be circled.
- How might you provide quality customer service and assist the person
without giving legal advice?
- 2.
- 4.
- 5.
- 6.
- 7.
- 9.
- If you are unsure, check with your supervisor. You may also want to
refer to MJI’s training program on legal advice which should be
available in your court.
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- Reduce the complexity . . .
- Making your court facilities “user-friendly” will help the
court-customer relationship.
Using the checklist below, put a checkmark beside those items
that are included at your court facility.
- Customer parking available and close by.
- Signs clearly indicating the location of court offices.
- Court hours clearly posted outside the building.
- Facilities designed to accommodate special needs customers who may have
disabilities.
- . . . to facilitate access.
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- Document the process . . .
- Once the customer reaches the appropriate court location: (check all
that apply)
- Information is provided in “plain English” and explains procedures,
schedules, and actions of the court.
- Court forms are provided along with understandable “how to” manuals or
instructions on completing the forms.
- A schedule of court hearings is posted for customers to see. The schedule is realistic, and time
allotments are adequate to avoid delays.
- A list of court service fees is displayed for public view.
- Service counters operate during hours convenient to the public and
hours are posted.
- . . . to streamline service.
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- Resources Your Court May Want to Develop
- List of local attorneys
- List of mediation services
- List of social services, public health, mental health and other
community services.
- List of legal services programs
- Legal information (books, brochures, etc.)
- Legal information videos
- Computerized assistance
- Internet addresses of court sites with
information pages
- Local workshops offered to court customers
- Information on protecting children
- Necessary forms and instructions on
completing them
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- Find the opportunity . . .
- Attend on-going opportunities for continuing education
- Locate and read your court’s policies related to customer
service and self-represented litigants.
- Assist in developing referral resources that can be
provided to self-represented customers.
- Find an opportunity to offer suggestions for improvement. Does your
court have a “Suggestion Box”? Is there a “Court Improvement Committee”
in place? Would your supervisor welcome new ideas?
- . . . to learn and grow.
- Each of the items listed on the last three pages contributes to the
customers’ access to justice.
Getting off to a good start with your customers will enhance the
court environment and informed customers will make your job easier as
well.
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- Unauthorized Practice of Law: Fact and Information
- Brochure from the State Bar of Michigan (517) 372–9033, Ext 3026
- How to Obtain a Personal Protection Order
- Brochure from the Michigan State Court Administrative Office (517)
373–5596
- McGee, Survivor’s Handbook For Battered Women
- Michigan Domestic Violence Prevention & Treatment Board (517)
241–7103
- Mediation: Where the winning solution is up to you!
- Brochure from the Community Dispute Resolution Center (800) 873–7658
- Small Claims Packet from 41–B District Court.
- Clinton Township Division (800) 286–8010
- Handbook of Legal Terms
- Michigan Judicial Institute (517) 373–7171
- Michigan Supreme Court Web Site—Frequently Asked Questions
- www.supremecourt.state.mi.us/QandA.htm
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Notes
