Public Navigator Program
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1 Public Navigator Program Presentation for Volunteer Navigators Legal Information Society of Nova Scotia
2 PRESENTERS Heather de Berdt Romilly, Executive Director, Legal Information Society of Nova Scotia Nicholas LeBlanc, Lawyer and Consultant to LISNS
3 What is the Public Navigator Project? The Public Navigator Project seeks to help people better navigate the court system by being provided with legal information from trained volunteers. Volunteers will help individuals with their legal needs by giving people general legal information and may even assist people with reviewing basic court documents. Volunteers will not give legal advice, only legal information.
4 The reasons behind the conversation Family Courts have more people appearing without a lawyer than people with lawyers 30% of people who appeal do so without a lawyer 25% of callers to legal info line are self-represented WHY? Cost, Minimal Legal Aid Services, slow change within the legal profession and justice system
5 When People Cannot Receive the Help they need with a Legal Conflict Impact on family, mental health and financial resources on the self-represented person People cannot resolve their problems Lengthier court processes Creates vulnerability and undermines the Judicial system. Litigation has become the sport of Kings Justice Binnie, SCC
6 Navigation Programs Began in the medical community to assist lower income individuals Link between patients and doctors: streamline process Develop efficiency New York City Housing Courts recently began the implementation of Court Navigators
7 LISNS and the Public Navigator Program Review of the literature to identify areas of need Consultation with other stakeholders The Problems: 1. FEW FINANCIAL RESOURCES 2. LACK OF MEANINGFUL LEGAL INFORMATION FOR Self-represented people
8 LISNS and the Public Navigator Program Solution Public Navigator: Provide quality information services Triage Help people understand the health, economic, and emotional implications of going to court. Hub for legal information materials. Public Navigators will help self-represented people access existing legal information.
9 LISNS and the Public Navigator Program Key Goals include self-represented people who: Understand their issues and options Gain confidence with making a decision Are satisfied with the process Less frequently use formal court processes Have proper document where proceed to court
10 Limits of Public Navigators Understanding the limits of what Navigators can do is important. Today we will be exploring your understanding of the limits of what Public Court Navigators can do The difference between Legal Information vs. Legal Advice will help us illustrate and explore these limits.
11 What is Legal Information? Legal information consists of answering general questions about the law, providing some options that may be available to someone and information about the court process. Examples of information that can be useful are: How to act/dress in court; How to find laws, regulations, court rules and court cases; Where to find court forms; and General referrals to other community or government resources.
12 What is Legal Information? Answer general questions about the law Refer to appropriate resources/tools Outline how to do something already decided Explain how the legal system generally works Outline possible options Outline basic court processes and procedures Define common legal terminology
13 What is Legal Advice? Advise a person how to apply the law to her situation Recommend a particular option or course of action Interpret a legal document Research a point of law in-depth Prepare legal documents Act as an advocate
14 Legal info vs. Legal advice HINTS Don t give PERMISSION: Yes, that is legal Don t give an OPINION: I think you should Don t INTERPRET: That contract clause means Imagine the other side is listening in - be fair and impartial in giving information. Caution is better than over-confidence: If you don t know, say so! If you aren t sure, assume it is legal advice
15 Legal info vs. Legal advice examples Examples of legal advice are: Giving an opinion about how the law will apply to a person s specific problem or fact scenario; Giving an opinion about what is the likely outcome if a case goes before the court; Giving an opinion about whether or not a person should go to court; and Telling a person what option they should take or whether they should accept an offer.
16 Desirability of alternative processes Overcrowded courts Backlogged files Desire for finality
17 Considerations before going to Court Some factors to consider include: The cost involved for example, the filing fee for Small Claims Court for a claim less than $5000 is $ Some fees can be waived if a person qualifies for a waiver of fees from the court. The time involved in getting a decision or a judgment. The ability to get witnesses to testify in a particular case. The risk of paying for the opposing party s fees if the claimant loses their case.
18
19 Alternatives to Going to Court -Mediation- a VOLUNTARY process a third party works with the parties in conflict to help them explore and discuss issues and possibilities for resolution Goal to reach a mutually agreeable outcome
20 Why Mediate: Most Cases Settle In fact, less than one percent of all civil cases actually proceed to trial. Based on ABA statistics In Canada only about only 3% of civil cases proceed to trial. The issue is not whether to settle but how to settle?
21 The Promise of Mediation
22 Mediation relies on the power of understanding rather than coercion
23 The parties are responsible for deciding whether and how the dispute will be resolved
24 The Parties are best served by working together and making decisions together
25 Conflicts are best resolved by uncovering what lies underneath the dispute
26 Simplified Decision Making Process Identify the Problem Analyze the Problem Develop Alternate Soluitions Select the Best Solution
27 The Solution Fits the problem
28 Improve or Maintain Relationships
29 Cost Effective
30 Settlements are Private and Confidential
31 Resources for Public Navigators LISNS Legal Information Line toll-free speak to a qualified legal counsellor ( ) LISNS Lawyer Referral Service through the legal information line you may be referred to a lawyer who will provide a half-hour consultation for a $20 fee LISNS Mediator Referral Service through the legal information line you can access a mediator who may provide a free consultation LISNS website all areas of law Court staff supporting public navigator program
32 Going to Small Claims Court and the Public Navigator Overview of Court System Starting/Defending an Action at Small Claims Court Look at the materials prepared for today Read them carefully; the goal today is for you to tell us if you find this guideline useful If you have any questions don t be shy Today you will be Public Navigators
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