The scene is the same every Monday morning. Scores of people reach the top of the stairs of the courthouse, or walk off the elevator, with a deer-in-the-headlights look on their faces. Some of them don’t know where to go or what to do. All they know is someone is suing them, and they have to be in General Sessions Court at 11 a.m. For litigants who are unable to afford a lawyer to represent them, it can be a scary time.
Attorney Sheri Fox, chair of the Pro Bono Committee of the Chattanooga Bar Association, has seen more than a few walking bundles of frayed nerves Monday mornings at the courthouse. “I’ve seen people fighting back tears because they’ve been sued, and they know they shouldn’t have been sued, but no one will listen to them,” she says. Most people who can afford an attorney bring one. Those who can’t pay a lawyer to handle their case can apply for help through Legal Aid, but there are no guarantees they’ll meet the requirements. This leaves people who can’t afford an attorney and don’t qualify for Legal Aid in a lurch.
But there is good news: A new public service project of the Chattanooga Bar Association is arming people who need help navigating the justice system with the information they need to proceed with confidence. The program is called P.A.T.H. to General Sessions Court, or Partnering with Attorneys to Help. Through the program, individuals who have a case on the Monday call docket can receive general information about Sessions Court rules and practices from volunteer attorneys.
The attorneys make it clear they are not providing legal representation, but details on topics ranging from what to expect when the docket is called, to how to behave in court, to how to subpoena witnesses to trial. The lawyers will also explain how garnishments work, describe how to continue a case, and inform individuals of their right to appeal to Circuit Court. Judge Clarence Shattuck, a 29-year veteran of the bench, says P.A.T.H. is a tremendous help to people who don’t understand the difference between civil and criminal court.
“I’ve seen the need for a program like this since day one. Many civil litigants think they have a constitutional right to a lawyer, but they have civil court confused with criminal court, in which a person who can’t afford an attorney or is declared indigent does have a constitutional entitlement to an attorney.” Judge Shattuck says one of the most common mistakes civil litigants make is bringing signed witness statements to a hearing. Opposing attorneys can’t object fast enough to the evidence, which is written hearsay. “I’ll hold up a piece of paper and tell the person he’s taken away the right of cross examination. The opposing attorney can talk to the piece of paper all day, but it’s never going to answer him,” he says.
P.A.T.H. attorneys set up operations outside the courtroom at 10 a.m. each Monday, and remain there until noon. Ira Long, president of the Chattanooga Bar Association, says volunteering to help individuals through P.A.T.H. is one way CBA members can fulfill their responsibility to render at least 50 hours of pro bono publico service each year. He also says the information P.A.T.H. lawyers provide can give a litigant an edge in court. “Rather than providing a lawyer to folks who are unrepresented, the focus of P.A.T.H. is to inform them about the procedural rules and tools available to help them prosecute or defend a small claims lawsuit. To use a football analogy, our volunteers don’t call the plays for parties to lawsuits, but educate them about the rules. As in sports, knowing the rules might help you win.”
Also present at a separate table are representatives of Southeast Tennessee Legal Services. STLS contributed to the development of P.A.T.H., and is available to talk with litigants about whether the organization can provide them with free legal services. In addition, representatives of Legal Aid of East Tennessee are present from time to time to determine whether litigants qualify for free legal services through LAET. Fox says P.A.T.H. has been in the planning stages for nearly a decade. While the program took on different forms throughout its genesis, the ideas never coalesced into a working plan until three fronts converged to create the perfect storm of inspiration: the economic recession, the statewide call among legal professionals for greater access to justice, and discussions in Chattanooga among key people and organizations to meet a growing need. “When you put all of those smart, dedicated people in a room together, you’re going to get a program,” Fox says.
To make sure P.A.T.H. would be effective, the bar and STLS researched every aspect of their plan. This process refined the program as it took shape, says Fox. “We made sure we understood the need, and the people who had the need. We made sure we understood who was doing what to meet the need so we didn’t duplicate their efforts. And we made sure we’d be able to respond to the need appropriately.” The bar and STLS also looked into what would and would not work for attorneys, the manner in which they would recruit volunteers, the training procedures, and more. The result is on display Monday mornings on the second story of the courthouse.
Fox says volunteering for P.A.T.H. reminds her of why she became a lawyer. “For me, becoming an attorney was an idealistic thing, so whenever I do volunteer work, it helps me to remember why I started doing this in the first place. Plus, with P.A.T.H., you can provide immediate help. It’s satisfying to look someone in the eyes and say, ‘I have information that can make this process easier for you. Not easy, but easier.’ Right away, you know you’ve helped someone, even if it’s in the smallest way.” Judge Shattuck says lawyers fulfill a professional obligation when they volunteer with P.A.T.H. “This program is going to be a tremendous asset to the residents of our area, some of whom don’t realize what they’re getting into when they get sued and have to go to Sessions Court. This is something we in the legal profession owe our citizens.”