Bar News - March 17, 2006
Nashua Lawyers Staff Courthouse Help Desk
A dozen attorneys aren’t just talking about the pro se problem in their courthouse, they are doing something about it. Recently they began staffing a help desk, answering procedural questions one morning a week at the Hillsborough South courthouse. NH Supreme Court Chief Justice John T. Broderick, who has launched several initiatives to re-examine the functioning of the courts, praised the Nashua Bar initiative: “I commend these lawyers for their success. The service they provide is much needed and I hope other lawyers throughout the state will follow their example.”
By Andrew Wolfe
Telegraph Staff
For two hours every Wednesday morning, local lawyers have volunteered to help steer people through the family division of Hillsborough County Superior Court [South].
In a program unique to the city, the Nashua Bar Association has set up a “help desk” in the lobby of the courthouse, to offer free guidance about the family court system.
There’s one catch: The lawyers can’t offer legal advice.
So far, 13 local lawyers have signed up to staff the desk— technically a table—from 8:30-10:30 a.m. every Wednesday, said two of the organizers, attorneys Robert Bartis and Steven Levesque.
Levesque staffed the desk Wednesday, and spoke with seven people in two hours, he said afterward. Some were just starting the process of filing for divorce, while others were seeking to change existing support or custody orders.
“I passed out some forms, and everybody seemed pretty happy with the advice I gave them,” Levesque said.
The lawyers will explain legal terms and court process, such as the purpose of various forms and hearings, but they can’t tell people how to handle any particular dilemma, Levesque said.
“We’re not dealing with substantial issues here. We’re not providing legal representation,” he said, adding later, “We can tell them what form they need to file, but we can’t draft the form for them. . . . There’s no attorney-client relationship in our capacity at that desk. I don’t represent these people, and they know it upfront.”
The lawyers are willing and able to explain how the courts work, however.
“I’m there for two hours, and that’s the only thing I have to do for that two hours,” he said. “I definitely got the sense . . . they were very happy to have spoken with me.”
Levesque was able to explain, for instance, that a “return date” is only a deadline for filing a response in writing—one shouldn’t bother showing up in court on that date, unless it’s to file the documents.
The idea for a help desk was hatched during a New Hampshire Bar Association conference in 2004, Bartis said. Bartis, Levesque and Nashua lawyers Linda Argenti, Kathleen Earnshaw, Paul Moore, Catherine Shanelaris and Jane Schirch decided to give it a go, Bartis said.
“One of the ideas was, how about if we have a help desk at the superior court,” Bartis said. “The Nashua subgroup took that as an assignment.”
Court staffers try to help explain process, but they are prohibited from giving any advice, legal or otherwise, and they often have a long line of people waiting for help. The help desk can offer a bit more, Bartis said.
“We can take it one step beyond the clerk’s office, who can’t give any advice, but it’s one step shy of giving legal advice,” he said. “We can confirm that they have the correct forms. We can notarize documents. . . . We can explain what a hearing will be about.”
Court officials were receptive, and after some discussion over how it would work and where to put the desk, the lawyers first set up shop Jan. 11. So far, 13 lawyers have signed up, and any others willing to help should call Levesque at 881-5800, or call Moore or Bartis at 881-7773.
The group plans to keep the help desk open for business at least over the next year or more, while the courts makes the transition to opening a dedicated “family division” within the superior court, to hear all domestic cases in one place, Bartis said.
If people come to court better prepared, with the proper documents and expectations, the entire system may run more smoothly. That would help everyone, not least the lawyers working within it, Bartis said.
This article, published under the headline, Lawyers Tell How Courts Operate,” on Feb. 27, 2006 in the Nashua Telegraph, is reprinted with permission of The Telegraph.
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