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A few logistics before we start…

3.
LSNTAP is recording this training and will post it to their
SlideShare account for the LSNTAP and SWEB websites.
Registered attendees will receive an email with a link to this
information once it has been posted.

4.
What Legal Aid Organizations
Need to Know about E-Filing for
Self-Represented Litigants
September 27, 2017

5.
Presenters
• Snorri Ogata, Los Angeles County
Superior Court
• Matthew Newsted, Illinois Legal
Aid Online
• Angela Tripp, Michigan Poverty
Law Program
• Claudia Colindres Johnson, Pro
Bono Net

6.
E-filing for non-attorneys
Claudia Colindres Johnson
cjohnson@probono.net

7.
The 2012 Guide—a Working Document
1) It is a working guide
2) Answers the top issues that arise when
designing efiling project from scratch
3) Assumes that the design will be in the
best interest of the litigant
4) EFSP considerations not included—did
not exist in 2012
5) Ratified by court administrators!
https://www.srln.org/node/36/best-practices-best-practices-e-filing-lsc-srln-2013

8.
Background: Prior LHI Experience
• Involvement in the development of the
• New York Family Offense Petition E-filing Program (2013-
present)
• Minnesota E-filing Project (2012-2017)

9.
NY Efiling with LHI
Started in 2012
Non attorney volunteers e-file through LawHelp
Interactive into NY Courts CMS
In 2017, 3514 e filings have been completed. This is 2%
up from 2016 across the full state.

10.
Adding EFSP capacity to LHI Background: Project goal
• To provide an SRL-friendly EFSP option in jurisdictions where LHI
content is used and litigants will increasingly need to rely on e-
filing

11.
Current status
• Working with Los Angeles County Landlord/Tenant Self-Help
Workshop to pilot an LHI/Journal e-filing project
• Discussions with other jurisdictions/EFM vendors on replication
• Development of EFSP integration underway with both Tyler and
Journal EFMs

12.
Timeline
EFSP Certification
Q4 2017
Pilot Launch
Q4 2017
Project
Expansion and
Replication
2018

13.
Efiling Progress in other states (SRL focus)
• The CA EFSP approach and Los Angeles update—Snorri Ogata
• Illinois—Matthew Newsted
• Michigan—Angela Tripp

14.
LA E-Filing and
Document Assembly
Snorri Ogata
CIO, Los Angeles Superior Court

15.
E-Filing Overview
Filer EFSP EFM Court
Lawyer, Para-legal,
Legal secretary, Self-
Represented Litigant,
Government agency
E-filing Service
Provider
E-filing Manager
Case Management
Document
Management
Initiates the process:
- Data entry
- Doc upload
- Commit to pay
Help gather data,
documents and
money to complete
an e-filing
transaction; trains
and provides support
to filer..
Organizes filings for
clerical review.
Prepares data for
CMS and docs for
DMS.
Accept/Reject.
Store data in CMS.
Store document in
DMS.
Settle charges.

16.
CA E-Filing Goals
• Adopt / Adhere to National Standards
• Ensure Free Filing for Indigent / Government Filers
• Ensure Consistent Access across the State
• Support All Case Types
• Support Multiple Payment Types
• Maintain Some Local Court Control
SRL Services Drive Our Strategy!

17.
E-Filing in CA is Changing
Today
• Locally Controlled
• Pick your EFM (typically CMS vendor)
• Pick your EFSPs (varies by Court size)
• Configure for your court only
• Challenges
• Vendor (EFM) controlled marketplace
• Limits innovation
• Pushes costs up
• EFSP services vary by court size
“Tomorrow”
• Statewide Requirements
• Multiple EFMs (3: Tyler, Journal,
ImageSoft)
• All EFSPs must file into all EFMs
• Free for Indigent and Government Filers
• Locally Controlled
• Which EFM
• Which Case Types
• When to e-file
• State  Local Court translations (e.g.,
“Other Motion” vs “Motion – Other”)
Balancing State, Local and Filer Control!

18.
Document Assembly
• A Specialized Type of EFSP
• CA Variations
Type Benefits Concerns
Fillable Forms Ubiquitous Verbose and confusing
HotDocs / Workshop Human aided Not scalable
Tyler Guide & File Remotely available / cheap Limited form sets
HotDocs / EFSP (coming soon) Remotely available / cheap Limited form sets
Traditional EFSP (e.g., TurboCourt) Vendor managed Typically for-profit
Choice is Good!

19.
California Dreaming:
EFSPs Help Make the Complex Simple
Millions
Of Filers
Dozens of EFSP
(Common)
3 EFMs 58 Courts
.
.
.

20.
An LA Story: Inch by Inch…
• E-Filing:
• Small Claims and Probate Now
• Limited Civil (UD, Collections, …) December 2017
• Juvenile Dependency Early Spring 2018
• Family Law Late Spring 2018
• General Civil Summer 2018
• Document Assembly
• HotDocs / Workshops Now
• Guide & File (Family, CHRO/DVRO, Guardianship, Conservatorship) – Fall 2017
• HotDocs / E-Filing Soon (UD)! 
• Privileged Case Access
• Justice Partners Now
• Litigants December 2017
• Attorneys / Legal Aid Offices (Figuring it Out!)

21.
E-filing in Illinois
Are your automated documents ready?
mnewsted@illinoislegalaid.org | 312-977-9047

22.
Mandatory
Electronic Filing
in Civil Cases
Timeline:
Appellate
Courts - July
1, 2017
Circuit Courts
- January 1,
2018
E-filing has
begun in
some
counties in
some
divisions.

23.
Electronic Filing Service Providers
Electronic Filing Service Providers (EFSPs)
● Integrate with Case Management Systems
● Currently 7 in Illinois
● Different counties, different EFSPs
● One eFileIL account works with all EFSPs

24.
E-filing Challenges for Self-represented Litigants
Technology
and access
$
Fee waivers Strict file
format
Form
availability
Documentatio
n

25.
What are we doing about it?
Petitioning for extensions and
exemptions for SRLs
Only people who are
incarcerated are exempt
Access to Justice Commission
is working on an e-filing
waiver.

26.
Automated
Documents
Can they be saved?

27.
Convert
to
PDF

28.
One vs. Many
Document assembly

29.
Add e-signatures
Interview changes:
- “Do you want to add your e-signature?”
- Explain how e-signatures work
- Instructions beyond print, sign, and file
Template changes:
/s/ Full Name on the signature line
E-signature considerations

30.
A2J Author 6
Update “filing” language - A2J
A2J Author 4

31.
HotDocs Translation Tool
Update “filing” language - HotDocs

32.
Update “how to file” in other content

33.
What Legal Aid Orgs Need to Know about E-filing for
Self-Represented Litigants
Angela Tripp, Director, Michigan Legal Help Program
trippa@mplp.org

34.
The Michigan Experience to Date
• 5 pilot projects around the state for ~5 years
• Desire for statewide solution
• Large State Court Administrative Office (SCAO) work groups to
determine court rules and e-filing standards
• Long pause
• Smaller SCAO work group to work on RFP - four smaller topic-focused
workgroups
• Same work groups evaluated proposals and vendor demonstrations,
submitted scores related to final selection

35.
Staying Involved in the Court Process
• MLH has a history of working
with the courts
• We were involved in early
brainstorming and visioning
• Courts value what we bring to
the table, especially forms
• Involvement in creating the
project requirements, drafting
RFP, reviewing and scoring
proposals, vendor demos
ML
H
SCAO

36.
Our Hopes and Dreams for E-filing Integration
• E-filing of forms completed on LHI
• Full data integration - litigant data flows
directly into court case management
system(s)
• User-friendly e-filing interface for self-
represented litigants
• Turn SRL e-filing portal into case management
system for litigants - reminders of case
actions, court hearings, etc.
Image courtesy of Casey Fleser

37.
How we hope to realize these dreams
• Statewide forms
• Statewide E-filing system
• Either create a separate EFSP to integrate LHI and ImageSoft’s TrueFiling,
or TrueFiling will build bridge to LHI to integrate with existing library of
Do-It-Yourself form tools
• Dedication to collaboration and flexibility between courts and MLH on e-
filing
• Challenges: different court CMS’s, being part of a large amount of
change happening in courts with e-filing in general; challenges of
integration process; long term funding for e-filing and SRL portal; future
DIY tool platforms Image courtesy of Sheng-Fa Lin

38.
Using the 2013 E-filing Best Practices Report
• Shared with SCAO staff at the beginning of the process
• Helpful when drafting rules, especially related to fees, fee waivers, and
access
• Helpful direction regarding SRL-focused portal from the beginning stages
of planning
• Helpful guidance on principles of collaboration, which players need to be
involved in which stages of the process, etc.
• Some challenges: technology has changed since 2013; have to work
within the bounds of budget and chosen vendor (who is flexible); have
to work within court rules and rulemaking process

39.
Recommendations
• Get involved early in the discussion if it impacts your clients/visitors
• Consider if your ATJ Board needs to be part of the conversation
• Build and design for SRL access—make sure you have groups that know about
the capacity and ability of SRLs to use the system, and that SRLs are involved
in real testing and there is strong feedback loops.
• Budget for plain language and translations and good supporting materials.
• Involve stakeholders across the spectrum to the working group, the faster
issues surface, the better the end product.

40.
Resources
• https://www.srln.org/node/36/best-practices-best-practices-e-filing-
lsc-srln-2013
• http://www.ncsc.org/Topics/Technology/Electronic-Filing/Resource-
Guide.aspx
• http://www.ctc2015.org/Education-
Program/Wednesday/Afternoon/Session-6/Efiling-for-
SelfRepresented-Litigants-Impediment-or-Opportunity.aspx
• 2017 Court Technology Conference Sessions:
http://www.ctc2017.org/Schedule/Streaming-Schedule.aspx

41.
THANK YOU FOR ATTENDING
TODAY!
Next up:
Beyond the Pro Bono Manual: Mobile-Centric
Strategies to Engage and Support Volunteer
Attorneys
October, 25 2017
More information at www.lsntap.org

42.
Contact Information
Brian Rowe (brianr@nwjustice.org) or via chat on www.lsntap.org
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