Many attorneys say that one of the most challenging aspects of practicing law is sitting across the counsel table from a self-represented litigant who does not understand basic court procedure. Attorneys also may find themselves at a loss when approached by a self-represented litigant who does not qualify for free legal services but desperately needs guidance.

      West Virginia lawyers can now refer our growing number of self-represented litigants to a new video and brochure called Going Solo: Representing Yourself in the West Virginia Courts. The Supreme Court of Appeals Task Force on Self-Represented Litigants produced the video and brochure, which were partially funded by a grant from the State Justice Institute.

      The video and brochure are available at your local public library, circuit, family, or magistrate court, or on the Supreme Court Web site at www.state.wv.us/wvsca. The Supreme Court also recently trained court workers and public librarians statewide on how to better serve self-represented litigants.

      The new materials for self-represented litigants recommend hiring or at least consulting with a lawyer. The materials also provide a variety of resources for free and low-cost legal assistance. Recognizing that some people choose not to or cannot afford to hire a lawyer and don’t qualify for free or reduced legal services, the video and brochure succeed in demonstrating lower court procedure in an entertaining way.

      A narrator introduces viewers to two self-represented litigants involved in two different cases. Viewers go through the steps of a landlord-tenant lawsuit in magistrate court and the initial stages of a divorce with child custody and support issues in family court. Most self-represented litigants have cases in family court, and in recent years our family courts have seen a steady increase in the number of self-represented litigants. The materials also explain basic circuit court procedure.

      The materials continuously distinguish the differences between legal information, which court staff can provide, and legal advice, which they cannot. A large poster explaining the differences between legal information and legal advice also is now displayed in every West Virginia court.

      Court employees have commented that the new self-represented litigant materials have increased understanding and saved time. The Supreme Court is conducting a formal poll of court employees and public librarians across the state about the materials and also welcomes your comments. You can send comments to Supreme Court Special Projects Counsel Julie Palas at 304/558-0145 or at palasj@courts.state.wv.us.

      The Supreme Court is grateful to Chair Bruce Perrone and the 24 members of the Task Force on Self-Represented Litigants for creating such excellent materials. We also thank the many West Virginia lawyers who provide pro bono services and encourage all of you to direct self-represented litigants to resources provided by the West Virginia court system and other organizations.

      The crisis of litigants without counsel is one that we can alleviate through a cooperative approach between attorneys, legal aid organizations, and the court system.   By helping self-represented litigants, we have a unique opportunity to transform lives - including our own.