Ethics in Self-Help Centers:What Staff and Volunteers

Need to Know

Presenters

• Lollie Roberts, Supervising Family Law Facilitator, Sacramento Superior Court

• Rachel McKenzie, Self Help Attorney, Santa Cruz and San Benito County Superior Courts

Hypo 1A Judge comes to you to discuss a case that was in

her courtroom today. As soon as the Judge begins explaining, you immediately recognize the fact pattern since you helped both sides regarding the hearing.

Do you tell the Judge:a. “Oh, I know this case. The Husband was a real jerk.”b. “I’m sorry, Judge. I don’t feel comfortable talking with you about this.”c. “Oh I remember this case. How did you rule?”

d. None of the above.

Hypo 2A Customer comes into the self help center wanting to modify

her child support. She has brought her new boyfriend with her, who is a social acquaintance of yours. He sees you, says “Hi!” and shakes your hand, asks you about your partner, if you are still living in the same place, etc.

When it is his girlfriend’s turn to be seen, you are the one who will be speaking with her. What do you do?a. Nothing, it is the boyfriend you know, not the customer.b. Let staff know that you don’t want to help this customer because you don’t like her boyfriend.c. Tell them that a different staff member will help them because we ethically won’t help people we know.d. None of the above.

Hypo 3A customer who only speaks Cantonese, which no one in the office

speaks, comes in with a friend who has limited English. The Customer has an EPO from the police, and a referral from the DV agency, because they don’t speak Cantonese either. Clearly, she is distressed, in need of a restraining order, and has been getting the run around since no one has been able to help her.

Do you:a. Using her interpreter, provide the same assistance you would provide an English speaker.b. Not assist her because her interpreter is not qualified.c. Get a different interpreter and provide the same assistance you would provide an English speaker.d. Provide more assistance than you would normally provide because she clearly has a greater need.

Hypo 4An SRL comes into the SHC wanting assistance with

probating a will. Your SHC does not help with this issue. When you tell the SRL this, he raises his voice and states, “The Clerk’s office said you would help me!”

What do you do?a. You apologize and say you are unable to help with this matter.b. You give him resources for where to get information, the lawyer referral service, and others and tell him he is on his own.c. You call the deputy and have him removed because of his behavior.d. A and Be. None of the above

Hypo 5A customer comes into the Self Help Center and states he has

been served with divorce papers. He has been married for 25 years, and has one minor child at home. The parties own the family residence; Wife is a medical doctor; Customer Husband is a stay at home father, who recently has started selling things on Ebay to make “some extra spending money.” His question to you is: “What should I do?”

You explain to him:A. He needs to consult with a private attorney.B. He should respond, ask for spousal support and child support in a

Request For Order, and propound discovery on Wife.C. He has a lot of options regarding his situation, and you explain the

process of divorce to him.D. All of the aboveE. None of the above

Hypo 6You work with a customer who has come to the self help

center to file a motion to modify custody and visitation. He says Mom will not let him see the children. The next Customer you work with is Mom. She is in to file a motion to modify custody and visitation as well. She says Dad will never come and see the kids.

Do you:a. Tell Mom that Dad was just here filing a motion for more visitation with the children.b. Tell Mom not to file her motion because Dad is already doing one, and she can just respond to his.c. Tell Mom that Dad says the exact opposite and told you that Mom won’t let Dad even see the kids.d. None of the above.

Hypo 7Customer Mom comes in to the SHC, obviously shaken and

distraught, and wants to file a DVRO with custody and visitation orders. She works on these papers all day, and talks with staff about her situation.

In the afternoon, while Mom is still working, Customer Dad comes in to file an RFO re Custody and Visitation. In private, Staff talks about how no one wants to help him because of all the horrible things Mom has said.

What should be done?a. Staff should not help Dad if they are biased against him.b. The same person who helped Mom should help Dad.c. Dad should be helped in the same way staff has helped Mom, and other customers.d. None of the above.