Probate and Family Court Chief Justice Sean M. Dunphy has released the first three uniform pamphlets in a series which informs individuals about how to obtain legal representation and provides information about court processes and procedures. This series is an important step in the Court's ongoing effort to meet the challenge of unrepresented litigants. The pamphlets, entitled "Looking for Legal Assistance?", "Before Asking for Help...", and "Before Going into Court..." have been issued to the fourteen Divisions of the Probate and Family Court Department for distribution in the Registries of Probate and Probation Offices.

          The Probate and Family Court Pro Se Committee, the Boston Bar Association's Task Force on Unrepresented Litigants as well as participants at the March 2001 Statewide Conference on Unrepresented Litigants all recommended that comprehensive, uniform information be made available in all the Divisions of the Probate and Family Court. Chief Justice Dunphy said "Information is particularly important because it educates litigants about the perils of proceeding without legal representation while also demystifying the court process by explaining court processes, procedures and terminology".

          Chief Justice Dunphy feels strongly that the court can best serve pro se litigants by directing them to organizations where they can obtain full legal representation. Accordingly, the first pamphlet "Looking for Legal Assistance?" contains a list of Lawyer Referral Services and Legal Aid Agencies available statewide and in each individual county. The pamphlet also includes information about the Trial Court's own website and the seventeen Trial Court Law Libraries which are all open to the public as well as the Massachusetts Bar Association's Tel-Law and Dial-a-Lawyer program which provide recorded and live legal advice free of charge. The "Looking for Legal Assistance?" pamphlet, which is tailored to the resources available in each county, was produced after consultation with the Massachusetts Bar Association, the Boston Bar Association, the Massachusetts Legal Assistance Corporation and other local bar associations and legal service agencies.

          The second new pamphlet "Before Asking for Help..." addresses the many requests from court personnel for direction about what steps they can and can not take in meeting the needs of unrepresented litigants. Beyond stating that court staff can not give legal advice, this pamphlet gives specific examples of the many ways in which court staff can assist unrepresented litigants and the particular types of assistance that they are unable to offer. Although this publication is addressed to litigants, it will also serve as a useful reference for court personnel and an important part of the broader training for clerks who assist pro se litigants.

          The third pamphlet "Before Going into Court..." provides some tips on courtroom procedures and how litigants should conduct themselves in court. This information will answer many common questions about courtroom procedures and provide for smoother operations in the courtroom.

          These three pamphlets are only the first in a series of uniform information which will be available to all court users. They are one part of a larger plan within the Probate and Family Court Department which includes new written and video materials as well as changes to procedures, rules and court forms which will allow litigants and attorneys improved access to the court.