The State Bar Association of North Dakota Fall 2015 Gavel Magazine | Page 23

Court System Continues
Work to Help
Self-Represented Litigants

MIKE HAGBURG
Attorney at Law
When Chief Justice Gerald VandeWalle
welcomed new lawyers to the bar at the
conclusion of September’s admission
ceremony, he urged them to volunteer to
provide pro bono legal services.
“Notwithstanding the relative prosperity of
the state, there remains a great need for civil
legal services in our country and in our state,”
he said. “It is a tradition for lawyers to help
those in need.”
The court system itself is continuing its
efforts to reach out to the public and provide
assistance to people seeking access to the
courts. The North Dakota Legal Self
Help Center is now in its second year and
Community Access Coordinator Catherine
Palsgraaf was recently joined by paralegal
Melissa Hamilton on the center staff.
The center exists to help the increasing
number of self-represented litigants who are
using the court system.
“As Chief Justice VandeWalle says, no one
should be denied access to the justice system
because they can’t afford a lawyer or choose
not to hire a lawyer,” said Palsgraaf.
Palsgraaf said the great majority of people
who contact the center – generally more than

100 every month – are seeking to represent
themselves in court because they cannot
afford an attorney.

Palsgraaf. “The vast majority of requests in
my six months as coordinator have been for
these types of forms.”

While the center staff is allowed to assist
people by explaining the court system and
answering questions about court processes,
rules forms and legal terms, they cannot
provide any legal advice or representation.

While the forms are intended for use by
self-represented litigants, they can also be
a resource for attorneys – especially those
providing limited scope representation to
otherwise self-represented litigants.

By providing help to self-represented
litigants, the center also provides a service to
the court system.

The Minority Justice Implementation
Committee and the Joint Procedure
Committee are currently working on
amendments to Civil Procedure Rule 11
and Rule of Court 11.2 intended to simplify
and clarify the rules for limited scope
representation by attorneys. Limited scope
representation has been allowed by these
rules and Professional Conduct Rule 1.2
since 2009 but the MJIC found that limited
scope representation has been little used.

“Self-represented litigants often have
difficulty preparing and filing documents
and meeting procedural requirements,” said
Palsgraaf. “This can cause congestion and
delay in and out of court.”
Contact information for the center is posted
on the North Dakota Supreme Court
website and can be accessed by following the
“Self Help” link that is found on the left side
of every page of the website. Most people
contact the center by phone: the number is
701-348-1852.
One of the main resources offered by
the center is a collection of legal forms.
Currently the center maintains family law
forms for simple divorce, child support
review and parenting time assistance. In
addition, there are power of attorney,
guardianship, conservatorship, small claims,
name change, informal probate, protection
and restraining order, and eviction forms
posted on the center website.
“I’m currently developing forms for
establishing parenting responsibility between
unmarried parents and divorce forms for
non-summary or contested divorces,” said

Judge Donovan Foughty, the chair of
the MJIC, said that the committee was
seeking to expand the use of limited scope
representation because this could help
minorities and the poor get better access
to the legal system. He said the proposed
rule changes were intended to make it
easier for attorneys to provide limited scope
representation.
“A self-represented citizen might seek
a limited-scope arrangement in which
an attorney performs research, drafts a
complaint, or makes an appearance for the
client, without providing additional services,”
explained the MJIC in its annual report.
“This arrangement allows self-represented
litigants to take advantage of at least some
affordable attorney services and creates
flexibility for attorneys, who may offer a
variety of services at designated prices.”
FALL 2015

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