As an important step in the ongoing effort to meet the challenges presented by unrepresented litigants, Probate and Family Court Chief Justice Sean M. Dunphy has appointed Attorney David A. Schwartz as the Probate and Family Court Pro Se Coordinator. He will work within the Administrative Office of the court, with responsibility for developing and implementing court programs, procedures, rules, policies and education initiatives to address the challenges presented by litigants who are unrepresented by legal counsel. The Pro Se Coordinator's equally important role will be to explore opportunities for the court to assist a greater number of litigants in obtaining legal counsel.  The appointment of the Pro Se Coordinator is the result of a recommendation made by the Probate and Family Court Department Pro Se Committee in its report entitled "Pro Se Litigants: The Challenge
of the Future" and presented to Chief Justice Dunphy in December 1999. The report is the culmination of more than two years' work by the Committee which is chaired by Suffolk Probate and Family Court First Justice Elaine M. Moriarty. The Committee also includes Probate and Family Court Justices, Assistant Chief Probation Officers, Assistant Registers, and a Register of Probate.

          Chief Justice Dunphy stated: "There is no substitute for legal representation for litigants facing the increasingly complex issues in probate and family matters. The court, the bar and the community at large should make every effort to obtain representation for the unrepresented litigants. However, when that is not possible, other approaches must be considered. The Pro Se Committee's report and the creation of the Pro Se Coordinator position will enable the court to work towards a uniform system of legislation, rules, procedures and programs that will make the court more efficient and more accessible
to all litigants."

          David A. Schwartz's primary responsibility will be to advise the Chief Justice on the implementation of the various recommendations contained in the Committee's report, making specific proposals regarding the resources, procedures and referral services necessary to ensure meaningful access to the Probate and Family Court for all litigants. He will develop protocols to be used by each local court to refer unrepresented litigants to the Bar Association Lawyer Referral services, Reduced Fee and Pro Bono programs and Legal Services programs. In addition, he will seek funding from the legislature and other sources so that the court can appoint attorneys for children in complicated or volatile cases to ensure the adequate presentation of legal issues.

          The Pro Se Coordinator will continue to seek input from the bar, other professional organizations and consumers of legal services on the Committee's recommendations. He will collaborate with the Justices, Probation Officers, Registers of Probate and Assistant Registers to develop a case management system that will evenhandedly meet the needs of represented and unrepresented parties.

          David A. Schwartz previously maintained a private practice in Newton, concentrating in domestic relations, estate planning and probate matters. From 1995 to 1998 he was associated with Packenham, Schmidt & Federico in Boston. Previously, he was an Assistant Regional Counsel for the Department of Social Services and law clerk to the Honorable Eileen M. Shaevel. David A. Schwartz is the co-author of Separation Agreements in MCLE's A Practical Guide to Estate Planning in Massachusetts. He is the former chair of the Legislative Committee of the Trusts and Estates Section of the Boston Bar Association and a lecturer at Boston Bar Association seminars. He has served for the past five years as a volunteer for the Lawyer for the Day Program in Suffolk, Middlesex and Norfolk counties. He is a graduate of Boston University and Boston College Law School and a member of the Massachusetts bar since 1992.