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The State of E-Filing 2017

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You can see the presentation that went with these slides here. https://www.youtube.com/watch?v=jgUahPdqF8Y
Referenced in the presentation is the Principles and Best Practices For Access Friendly Court Electronic Filing, that can be found here. https://www.courts.mo.gov/file.jsp?id=45503

Publicada em: Tecnologia
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The State of E-Filing 2017

  1. 1. If you joined the training via telephone, please select Telephone and enter your audio pin if you haven’t already. If you joined with a microphone and headset or speakers (VoIP), please select Mic & Speakers. We will start promptly at the hour.
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  3. 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. 4. What Legal Aid Organizations Need to Know about E-Filing for Self-Represented Litigants September 27, 2017
  5. 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. 6. E-filing for non-attorneys Claudia Colindres Johnson cjohnson@probono.net
  7. 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. 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. 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. 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. 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. 12. Timeline EFSP Certification Q4 2017 Pilot Launch Q4 2017 Project Expansion and Replication 2018
  13. 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. 14. LA E-Filing and Document Assembly Snorri Ogata CIO, Los Angeles Superior Court
  15. 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. 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. 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. 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. 19. California Dreaming: EFSPs Help Make the Complex Simple Millions Of Filers Dozens of EFSP (Common) 3 EFMs 58 Courts . . .
  20. 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. 21. E-filing in Illinois Are your automated documents ready? mnewsted@illinoislegalaid.org | 312-977-9047
  22. 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. 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. 24. E-filing Challenges for Self-represented Litigants Technology and access $ Fee waivers Strict file format Form availability Documentatio n
  25. 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. 26. Automated Documents Can they be saved?
  27. 27. Convert to PDF
  28. 28. One vs. Many Document assembly
  29. 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. 30. A2J Author 6 Update “filing” language - A2J A2J Author 4
  31. 31. HotDocs Translation Tool Update “filing” language - HotDocs
  32. 32. Update “how to file” in other content
  33. 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. 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. 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. 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. 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. 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. 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. 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. 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. 42. Contact Information Brian Rowe (brianr@nwjustice.org) or via chat on www.lsntap.org Don’t forget to take our feedback survey!

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