SCAP duty challenges veteran attorneys

by Holly C. Noe, court information intern

It’s 9 a.m. at the Dane County Courthouse and Assistant Attorney General Barbara L. Oswald arrives ready to immerse herself in a tangle of drama, deceit, and debt. A veteran prosecutor, Oswald acknowledges that nothing she has learned in any courtroom can fully prepare her for the task that lies ahead. With only her wits and a rather large binder to guide her, Oswald is taking on Small Claims Court.

As a volunteer for Dane County’s Small Claims Assistance Program (SCAP), Oswald assists pro se litigants who consider their claims anything but small. Several are already waiting for her with tales of broken property and broken promises, and lots and lots of paperwork.

“This is a walk-in program where unrepresented small claims litigants can get legal information – but not legal advice, representation, or advocacy – from volunteer lawyers and paralegals,” explained Atty. Jennifer L. Binkley, co-chair of the Dane County Bar Association Delivery of Legal Services Committee. “Its purpose is to assist pro se litigants and to make the entire small claims system run more efficiently.”

Now in its second year, SCAP has assisted more than 300 people since it began operations in summer 2004. Every Tuesday from 9 to 11 a.m., litigants meet one-on-one with a volunteer from a revolving staff of approximately 40 local attorneys and paralegals.

The amount of effort litigants put into documenting evidence and filing forms (often in duplicate or triplicate) is apparent, and a bit overwhelming, even to the experts. “I look at this form, and…” Oswald trails off, gesturing in utter confusion at the sample form spread before her. “I have a law degree! I mean, there are eight different forms for garnishments.”

SCAP is one of just a few programs for small claims litigants in the state. Another prominent program is Milwaukee’s Small Claims Mediation Project, begun in 1998 in partnership with Marquette Law School.

Inspired by the Dane County Bar Association’s Family Law Assistance Center, which serves pro se litigants in Family Court, SCAP was initially explored in late 2003 by a small group that included Paula Seeger, Dane County Legal Resource Center librarian, and the Dane County Bar Association Delivery of Legal Services Committee chaired by Attys. Binkley and Marsha M. Mansfield.

The county bar association recruits and trains the volunteers while the Legal Resource Center handles administrative matters such as scheduling. The State Bar of Wisconsin provides malpractice insurance to the volunteer attorneys and the county bar covers the program’s relatively minor expenses, which are mainly for training volunteers and printing materials, which include a disclaimer that each participant must sign stating s/he understands that the assistance does not create an attorney-client relationship.

A typical week sees anywhere from two to nearly a dozen visitors. Their questions commonly involve landlord/tenant disputes and enforcement of small claims judgments, including collections and garnishments. Seeger summed up the disputes as variations on: “Somebody owes me money, how do I get it?”

The day Oswald volunteered, participants came with questions about steps required prior to filing, and with stories about the challenges of serving papers on people with disconnected phones and outdated addresses (“It’s like I have to stalk him,” observed one litigant). They also wanted to know what to expect during court proceedings and how to go about collecting on judgments. “It’s difficult,” Oswald said, “because people really want to get into the substance of their claims with you, and all we can really do it provide information on the options.”

In addition to giving information, the volunteers offer a listening ear to people who are mostly eager to tell their tales. A few life lessons gleaned from a single SCAP session: don’t make personal loans to roommates, friends, or even grandchildren; memorialize absolutely everything in writing – and then make copies; and, if you must have a car accident, aim for a driver who is insured or at least employed.

“This process is great, except you can’t get blood from a turnip,” Oswald said. “The sad thing about this is, people go through all this and then get a judgment and don’t see any money.” Litigants have to weigh the risk of never receiving payment against the cost of pursuing the action. But small claims tend to be about more than the bottom line. After questioning aloud whether pursuing her garnishment action was worth the cost, one litigant told herself, “It’s the principle,” and moved forward.

Oswald said many of the litigants are well prepared and seem to know at least as much about the process as the volunteers. What SCAP offers to those litigants is support. “I think if nothing else, people feel reassured – that they’re asking the right questions, or filing the right form,” Oswald said. People with legal training can also point out things litigants may not normally think about, or even be aware of, such as how to include court fees in damages being sought. Simply having an actual human being to clarify legal jargon like the plaintiff/defendant distinction also cuts confusion.

Of course, it can sometimes be challenging for volunteers, whose areas of expertise often lie elsewhere, to gain a confident, accurate understanding of each litigant’s situation from a brief conversation. “When in doubt, I refer them to the clerk of court,” Oswald said. “But I try not to do that too much, because then there’s no point to having this program.”

Seeger said she has heard from participants who find SCAP to be a useful resource. Volunteers also have high praise for SCAP. The time commitment is only two hours, as many times per year as volunteers prefer. Oswald said it is also personally rewarding, giving her a chance to serve the community in ways she cannot through her Department of Justice position. “These are huge amounts of money to these people – if I can help them get some or all of it back, that’s great,” she said.

When the program moves into the new Dane County Courthouse in January, Seeger has several ideas for future enhancements, including the addition of phone and e-mail assistance and extended hours. She also would like to make more potential participants aware of the program and to recruit more legal professionals.

Binkley echoed the hope for more volunteers, including more who speak Spanish. “I am also hoping,” she said, “that more counties across the state will use SCAP as a model to provide resources to their pro se litigants.”

Those interested in volunteering for SCAP may contact Paula Seeger at the Dane County Legal Resource Center, Room 315 of Madison’s City-County Building. Reach her at (608) 266-6316 or paula.seeger@wicourts.gov.

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