Legal help available to those who lack lawyers

Whether it is a smart move or not, plenty of Utahns head to the courthouse without a lawyer to take on everything from a simple eviction to a contested divorce chock-full of complicated questions about finances and property, not to mention the emotional charged issues of child custody.

A 2006 survey of self-represented litigants showed most of them were reasonably satisfied with the services they got from the courts. However, judges and court staff found that self-represented people needed much more of the court's time than those with attorneys. Many self-represented people wanted courthouse employees to provide legal advice — which they cannot — and those without lawyers sometimes have unreasonable expectations about how their cases will turn out.

In addition, the self-represented individuals often don't understand how the courts work and end up not bringing the correct paperwork or necessary witnesses.

Utah is taking steps to make it easier and better for people who cannot — or will not — hire an attorney to navigate the court system.

Salt Lake City Municipal Judge John Baxter heads a 20-member group, the Utah Judicial Council's Standing Committee on Resources for Self-Represented Parties, that has been addressing this issue for the past three years.

"We always tell people it's best to hire a lawyer — that's our position, period," said Baxter, referring to the committee's general goals.

"Should you choose to not hire a lawyer, we will do whatever we can to ensure that your encounter with the courts is productive from your side and efficient and productive from the court's side."

Baxter, who recently took part in a conference on the topic at Harvard Law School, is quick to note that self-representation is cropping up as a serious issue for courts nationwide.

Anecdotally, almost everyone has some story of a brother who got financially hosed in a divorce and still gets a raw deal on visitation, or a sister who isn't getting a dime in child support and works two jobs while her ex-husband vacations with a girlfriend in Florida. Nonetheless, many people still believe they can handle intricate legal matters themselves.

After a period of homework and investigation, Baxter said, the committee prepared a strategic plan to improve things for self-represented litigants and some of these changes are now in place. Among the latest innovations: