Michigan Legal Help (MLH) Operating Protocols for MLH-Affiliated Self-Help Centers

I. Introduction and Purpose

These Protocols apply to all Michigan Legal Help (MLH) Self-Help Centers (SHCs). In order to meet mutual goals of assuring quality and consistency throughout the state, each SHC is expected to operate according to these Protocols. MLH’s SHC Coordinator will serve as the primary contact for SHCs and will assist each SHC in adhering to these Protocols.

These Protocols are subject to change. Revised Protocols will be circulated to all SHCs.

The SHCs are part of the overall vision of MLH, which is to provide free, high-quality legal resources and support for people representing themselves in legal matters in Michigan. MLH helps communities open SHCs that use the statewide self-help website MichiganLegalHelp.org to:

• Provide access to legal information and Do-It-Yourself Form Tools to individuals in Michigan who are representing themselves in court or need information about legal topics.
• Provide court staff, librarians, and others with a helpful resource to which they can refer self- represented litigants who need assistance.
• Aid in the efficiency of court operations by providing self-represented litigants with access to quality legal information, access to Do-It-Yourself Form Tools that will assist them in completing specific court forms, and jurisdiction-specific procedural instructions for common legal matters.
• Provide links to local legal aid organizations and private bar referral services.
• Provide referrals to local community organizations for individuals seeking non-legal assistance related to their legal problems.

II. Operations and Services

1. Location: Each SHC should be located in a space convenient to the public, such as a courthouse, a public library, or a community center.
2. Hours of operation: Each SHC should establish and maintain regular hours of operation that provide the most effective access possible for the public.
3. Technical requirements: Each SHC must have one or more workstations (computer, monitor, keyboard, and mouse) and printer; headphones and a privacy screen for each workstation; and a high-speed internet connection. For larger SHCs with a high volume of traffic expected, multiple workstations will be necessary.
4. Designated Point Person: Each SHC should identify a Designated Point Person (DPP) to serve as the primary point of contact for the SHC. The DPP can be, but is not required to be, a Navigator at the SHC. The DPP will be responsible for communicating with the Community Stakeholders, with the SHC Coordinator, with the Navigators in the SHC, as well as for other duties outlined in these Protocols. DPPs are further responsible for ensuring a smooth transition for any change in the DPP, including communication of the Protocols and responsibilities, as well as communication with the SHC Coordinator about the change in DPP.
5. Navigators: Each SHC should identify one or more Navigator(s) to staff the SHC. Navigators are non-lawyers who assist SHC visitors using the MLH website and provide other appropriate assistance. They do not give legal advice. Navigators are employees of the SHC or the entity where the SHC is housed, not of MLH. Navigators should be available whenever the SHC is open to the public, and staffing levels should be appropriate for the size and needs of the location as well as the resources of the SHC. MLH will provide all necessary training for staff to serve as Navigators for the SHC. 
   
   Continuity of staffing is important. Having only volunteers serve as Navigators is not an ideal long-term solution, but is permissible, subject to adequate supervision and program management. Having attorneys serve as Navigators is also not ideal since the Navigator must provide only information and not legal advice. If attorneys are used, they should be instructed in the Navigator role to avoid creating an attorney-client relationship. This instruction can be fulfilled by using the MLH Navigator Training materials. 
   
   If staffing is impossible at a SHC site, MLH will evaluate whether it has the capacity to provide remote navigator services to patrons at the site.
6. Community Stakeholders: Each SHC must have a local group of stakeholders. Members should include (but are not limited to) representatives from: local legal aid organization(s); judicial officers, court administration, and operational staff of the courts the SHC will serve; the local bar association; the county board; domestic violence survivor advocate groups; and other social or civic community organizations. The SHC Coordinator is available to assist SHCs in assembling their Community Stakeholders.
   
   DPPs are responsible for ensuring that the SHC and the Community Stakeholders are in regular communication and coordinate on referrals and any changes in operations (including any changes in hours). It is particularly important that the SHC is in regular communication with local court contacts to discuss any administrative issues.
7. Participation in Statewide SHC Alliance: Starting in the Fall of 2023, there will be a statewide SHC Alliance, hosted by MLH. The Alliance will serve as a statewide network of SHCs and will be a resource for training, outreach, data, and central communications. The Alliance will host an annual convening where all SHC staff are encouraged to attend to learn, collaborate and connect with other SHCs across the state. SHCs are strongly encouraged to be members of the Alliance and to send at least one staff member to the annual convening.
8. Training of Navigators and other key personnel: All Navigators and any other key personnel, such as supervisors or assistants, must satisfactorily complete training provided by MLH or its designees. This training will help Navigators and other key personnel develop knowledge and quality skills to provide Navigator services, to comply with ethical and other guidelines to avoid the unauthorized practice of law (including distinguishing between information and legal advice), and for any related administrative or supervisory duties. MLH will provide recorded training materials for SHCs that do not have in-person training and for Navigators who are hired after the initial training of SHC Navigator staff. DPPs are responsible for ensuring that any new Navigators complete Navigator training. Navigators are also encouraged to participate in other training opportunities provided by MLH, its designees, or the SHC Alliance.
9. Supervision of SHC: The DPP shall ensure that the SHC provides adequate supervision of SHC Navigators and operations of the Center itself. Supervision shall include the following: overseeing data collection; ensuring conformity with these Protocols; overseeing the general operation of the SHC; supervising Navigator performance; and all other aspects of supervision normally undertaken for an employee. The SHC Coordinator will develop a supervision plan with the SHC.
10. Volunteers: If a SHC chooses to use volunteers, protocols should be developed to provide for their screening, training, and supervision. Volunteers should be supervised according to the supervision plan.
11. Plan for sustainability: Before opening, each SHC must outline a plan for long-term sustainability of the site and the costs associated with operation of the site. This includes a plan to cover any ongoing costs associated with running the SHC that MLH does not cover, including computer/printer maintenance, printing costs, and any needed office supplies. While SHCs must offer services free of charge, they may charge for the actual cost of printing if necessary for long- term sustainability.
12. Requirement to use Michigan Legal Help website: Because the SHCs are based on the MLH website, all SHCs must use the website and its materials. The SHCs must not distribute other versions of materials that are available on MLH, create or use their own web pages covering those topics, or provide links to other resources covering those topics. SHCs may, however, distribute or print blank SCAO forms if patrons request them. MLH will develop a customized webpage for the SHC that leads to the statewide website. 
    
    If a SHC believes that any supplemental materials or other resources are needed in areas covered by the website, these must be reviewed and approved by MLH before use. Any other materials or resources that the SHC offers or wants to offer in areas not yet covered by the MLH website must also be submitted to MLH for review.
    
    All courts related to the SHC must accept pleadings and court forms produced using the website. All court forms used on MLH are SCAO-approved forms.
13. Requirement to comply with Statewide SHC Guidelines: The Michigan Supreme Court’s Justice for All Commission has issued Statewide SHC Guidelines. All SHCs in Michigan, regardless of their affiliation, must comply with these Guidelines. MLH will provide each SHC with a copy of these Guidelines. All MLH-affiliated SHCs that comply with MLH SHC Operating Protocols should also be in compliance with the State SHC Guidelines.
14. Requirement to use Data Collection Protocols: Data collection is an important part of improving services, outreach, operations and understanding SHC impact. To that end, the Statewide SHC Guidelines require that centers collect data and comply with certain data collection protocols. MLH has created survey instruments that comply with these Guidelines. Each SHC is required to use these surveys in compliance with the data implementation plan that the SHC will develop with the SHC Coordinator.
15. Requirement to use Michigan Legal Help branding and cooperate in communications to the public: MLH will provide all necessary brochures, business cards and signage for the SHC, as well as templates for flyers and advertisements for the SHC and SHC programs and services.
16. Communication: Communication between SHCs and MLH and SHC and their Community Stakeholders is important. DPPs need to keep the SHC Coordinator updated on any changes to its operations, including any closures or changes in hours. DPPs also need to communicate with the SHC Coordinator any important staffing changes, including changes in the DPP position, and any additional training needs. MLH also welcomes SHCs to inform the SHC Coordinator of any changes or additions to legal information content, local community and legal resources that MLH may want to add to our Community Services page. MLH will consider all input in good faith, but final decisions about resources or other content posted on the MLH website rests with MLH.
17. Community referrals: Each SHC site should use the referrals available on the Guide to Legal Help. It can be beneficial for SHCs to be aware of other community service providers and develop referral relationships with these agencies and organizations. SHCs may also want to develop relationships with other community resources and lawyer referral services to ensure efficient and effective referral of matters where counsel is necessary.
18. Legal referrals: SHC staff must not refer litigants to particular attorneys or firms for representation. All referrals for representation or other services must be to an office or entity listed on the MLH website. These will include legal aid, bar association lawyer referral programs, and recognized specialty pro bono panels.

III. Scope of Services

1. Each SHC must provide services that are competent, neutral, and unbiased, and that are designed to provide practical legal information to self-represented litigants. SHCs cannot provide legal advice or create an attorney-client relationship. This does not prevent SHCs from hosting or facilitating clinics where lawyers provide additional legal assistance.
2. When a litigant cannot be effectively assisted in the SHC, Navigators shall promptly refer that litigant to appropriate legal assistance whenever possible. It is highly recommended that SHCs utilize the Guide to Legal Help to identify appropriate referrals.
3. Navigators shall not provide assistance on any issue in which the litigant using SHC services is actively represented by an attorney. If a person has a Limited Scope attorney, SHC staff may assist the litigant in the parts of the case that are not covered by the Limited Scope attorney.
4. SHCs should assist litigants to the extent possible whether or not the litigants live in the county where the SHC is located, or whether or not the litigants have a case in that court. Where appropriate, SHCs can refer patrons to the SHC in the county where a patron’s case is located for county-specific information and resources.
5. Each SHC must comply with all applicable ethics rules, laws, or regulations and must also adopt the following ethical guidelines and make them known to all staff and volunteers.

IV. Ethical Guidelines for Self-Help Centers

1. Independence and integrity: All SHC staff must at all times uphold the independence and integrity of the site.
2. Avoiding inappropriate conduct: All SHC staff must recognize that they may be perceived by the public as representatives of the court or the justice system and must avoid engaging in conduct that creates the appearance of impropriety.
3. Impartiality and diligence: Navigators must perform their duties impartially and diligently. Impartiality means delivering services in a neutral manner. Diligence requires that the staff provide litigants with pertinent information to allow them to address their matter or bring it before the court. This may include appropriate referrals to other resources as well as direct information and assistance at the SHC.
4. Respect and patience: Navigators must be aware of the social and economic differences that exist among litigants and treat users of the center with patience and respect. However, if a litigant becomes unruly, disruptive, violent, or harasses SHC staff, staff may ask the litigant to leave the SHC.
5. Bias and prejudice: Navigators must assist litigants who seek assistance without exhibiting bias or prejudice based on race, sex, religion, national origin, age, disability, sexual orientation, or other similar factors.
6. Notification of limits of service: Navigators should ensure visitors understand that no attorney- client relationship exists between the center, or its staff, and the visitor. Navigators should ensure visitors understand that communications between the SHC visitor and the Navigators are not privileged and that SHC services may be provided to the other party in litigation. This information is included in each MLH SHC brochure, and the brochure can be used to educate clients about these limitations.
7. Privacy: Identifying SHC patron information should not be shared publicly. This does not preclude SHC Navigators from working with patrons to facilitate outside referrals or contact court staff about publicly available case information.
8. Gifts or payments: Navigators must not accept anything of value in the form of gifts, favors, bequests, or loans from the litigants whom they assist, since this may give the appearance of impropriety or partiality.
9. Communications with officers of the court: Navigators must avoid ex-parte (private) communications with judges or judges’ staff regarding a patron’s specific case. Communications about purely procedural matters or the functioning of the court are allowed and encouraged. For example, Navigators cannot tell a court clerk that a patron is planning to move out of her marital home, but may ask the clerk when a patron’s divorce was filed.
10. Communications with represented litigants: Navigators must not provide assistance on any issue on which an attorney actively represents a litigant. This does not prohibit assistance on how to file a substitution of attorney or respond to a request to be relieved as counsel.
11. Attorneys volunteering in a Self-Help Center: Volunteer attorneys must not distribute business cards or otherwise solicit or accept clients from their work at the SHC. Volunteer attorneys must not refer litigants to any particular attorney or firm for representation. All referrals for representation or other services must be to an office or entity listed on the MLH website.