Personnel in the clerk-magistrate’s office should provide necessary and helpful procedural information to small claims litigants in a prompt and courteous manner.
Commentary
The only contact many individuals have with the courts may be a small claims experience. Their attitude toward the entire court system may depend in large part on the manner in which they are received by small claims personnel. The importance of dealing with small claims litigants in a prompt and courteous fashion cannot be overemphasized.
Court personnel should be sensitive to the fact that for many litigants filing or responding to a small claim is an emotionally difficult experience. Many small claims arise from personal or business dealings that have soured. Some litigants are highly emotional about their claim and may transfer their anger and frustration to court personnel. These situations call for great patience and tact. Techniques for defusing confrontations are recommended subjects for staff conferences and training sessions.
Court personnel should also realize that while they are intimately familiar with court practice and are accustomed to dealing with legal procedures on a day-to-day basis, many small claims litigants will find the most elementary legal matters to be bewildering. Court personnel should make every effort to answer all small claims inquiries in a helpful and patient manner.
Courts can facilitate the small claims experience by providing clear instructions to litigants. If time permits, the small claims assistant clerk-magistrate or appropriate clerical personnel should describe the small claims procedure. At the very least, small claims personnel should direct litigants to the general instructions on the claim form and be available for questions.
Plaintiffs should be informed that they must be prepared to prove their cases by a fair preponderance of the evidence. Both parties should be reminded of the importance of producing all witnesses, documents, pictures, or other evidence in support of their position at trial. Plaintiffs should also be made aware that they have no appeal from the decision of the court if their claims are not successful.
Court personnel should administer help in an even-handed manner and provide guidance and assistance in a way that is equitable to all parties to the proceeding. Court personnel may assist parties with procedural aspects of their small claims, but should not advise litigants as to the merits of a claim or defense or its likelihood of success or give any other legal advice. Court personnel should be aware that dispensing advice about the proper content and wording of claims and answers or offering litigants help in choosing the proper party to sue may inadvertently turn into inappropriate advocacy-oriented assistance. Such assistance violates Canons 4 and 5 of the Code of Professional Responsibility for Clerks of Court and raises the risk that the litigant may incorrectly believe that he or she may rely upon such advice as if it were the advice of an attorney. See Opinion No. 95-6 of the Advisory Committee on Ethical Opinions for Clerks of Courts, Supreme Judicial Court, November 8, 1995, reproduced in Appendix C, and recently amended Uniform Small Claims Rule 2. of Professional Responsibility for Clerks of Court and raises the risk that the litigant may incorrectly believe that he or she may rely upon such advice as if it were the advice of an attorney. See Opinion No. 95-6 of the Advisory Committee on Ethical Opinions for Clerks of Courts, Supreme Judicial Court, November 8, 1995, reproduced in Appendix C, and recently amended Uniform Small Claims Rule 2.
Small claims personnel may advise litigants that many public libraries have books on small claims practice and that many consumer agencies and groups offer assistance in filing small claims.
If the plaintiff or the court has doubts about the probable effectiveness of mailed service in a particular case, the plaintiff should be advised to contact the clerk-magistrate’s office before the date of trial to learn whether service has been effected. See Standard 4:04.