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There should be an easy-to-use and broadly known central gateway
or portal to client-oriented state-specific self-help legal information
provided by legal services programs on the Internet. The LISP portal,
and the information that is accessed through the portal, must be comprehensive
and timely and must be structured around the way lay people view their
problems, not the way lawyers or other professionals do. The Portal
should be built so that legal services programs could use a customized
version of this portal as their public Internet presence. The Portal
should be built so that any user can chose on a menu first what kind of
problem they face, and then the specific problem. Since they will
have logged in by zip code, they will then get state specific legal rights
information, as well as legal services program referral information, and
links to on-line tools, such as court document generators and relevant
social service resources.
The site and its content should be built to include diagnostic tools
and warnings so that lay users understand the risks of self-representation,
and can make informed choices about whether, in the circumstances, they
should choose to proceed without counsel, obtain counsel, or postpone action
until counsel is obtained.
The site – and the institutions that maintain it -- should
be structured to take maximum advantage of the exposure it will obtain
to millions low and middle income people not currently served by legal
services, and to take advantage of the revenue potential. This should
include the broad gathering of information on legal problems, the ability
to develop lists of those helped by legal services information, the capacity
to keep people up to date on future developments, and a fundraising tool
focused on those helped by the legal-services-provided resource.
The Legal Services planning process in each state should establish
a system for identifying, converting, writing, submitting and updating
a comprehensive set of self-help legal content that meets these standards
of quality, comprehensiveness and accessibility for the state. The
system should include powerful financial and other incentives for the contribution
of content.
An Internet data structure standard for self-help client information
should be established. Such a standard will make it possible for
self-help legal information associated with the portal to be received ,
integrated and distributed through a wide variety of places and organizations
on the Internet.
To maximize its strength and impact, the Portal should be conceived,
developed, filled with legal content, positioned and marketed in close
collaboration with a wide network of non-legal service providers, including
civil rights and other advocacy and community organizations (e.g. public
libraries, schools and churches), nonprofit groupings (e.g. unions, bar
associations) and courts. The collaboration of courts is particularly crucial
and holds particularly great potential.
The Portal should be designed and operated with a variety of feedback
and evaluation systems, designed to give information on the utility of
the portal and its legal information and on the responsiveness of the legal
system to those who must rely on self-help information to protect their
rights.
The LISP should be designed, built and operated with a view to maximum
integration with other modes of legal service delivery. It should
be planned to include diagnosis, referral and intake linkages, and should
provide planning and management information to assist in advocating for,
and optimizing all modes of legal assistance, including the traditional
model.
There should be a web-based national Legal Advocate Resource and
Information Desktop, designed to use to Internet to provide constant on-line
access to every advocate in the legal services and community advocacy communities.
This should be fully customizable so that each advocate would use this
as his or her on-line "base of operations," and structured to allow for
and encourage the input of up-to-date legal information and news from a
large variety of national, state and local legal services and advocacy
organizations. The main menu will give advocates access to up-to date legal
developments, training materials, calendars, news, as well as a broad range
of legal research tools and manuals.
The Desktop should combine a wide variety of types of timely, comprehensive
and accurate content (such as news, calendars, legal content, and training
materials) from local, state, and national advocacy organizations, both
LSC and non-LSC funded. The Desktop Portal should include tools for
communication and community building to help reconnect the Legal Services
movement.
To provide for state level comprehensiveness, every state should
establish a system for identifying, converting, writing, and submitting
a wide variety of types of advocate-oriented legal content for its jurisdiction
into the Desktop. It should also create the systems that manage and
support this process.
The Desktop and each state system must be built to provide
for quality control and comprehensiveness of the information. This
will require significant human intervention to evaluate and categorize
the information.
Each state must exploit the opportunities inherent in a variety
of content generating partnerships to support its Desktop users.
Different kinds of partners will be more or less appropriate for different
types of content, including civil rights and other advocacy groups.
The State Planning Process, in cooperation with the national coordinating
group described below, must take responsibility for encouraging the creation
of a wide variety of access partnerships for the Desktop. These partnerships
will facilitate both Internet access for community organizations and their
advocates and holistic representation.
In close cooperation with the national coordinating entity recommended
below, the overall state responsible group must generate long term, content-independent
and secure financial support from a wide variety of sources. This
support must be integrated with, not an add on to, the core mission of
legal services.
The Advocate Desktop should be built so that a large network of
nationally focused specialist organizations, including the former back-up
centers and other organizations providing such information and resources
can collectively be responsible for comprehensive and integrated national
level self-help and advocate legal information including civil rights and
related community advocacy. This should function across the entire
spectrum of need, both in terms of the substantive areas, and the different
kinds of support needed.
A wide variety of stable long term and integrated resources must
be found to support this range of national back-up and resource work. Strenuous
efforts should be made to generate resources from use of the content
To facilitate this, thought should be given into whether a Standard
Data Structure (such as XML) for legal advocacy backup info should be found
or created. Even if such a structure were not initially implemented,
the first version of the Desktop should be designed to comply with future
XML standards.
National and state responsible organizations must collaborate to
take advantage of the Portal to stimulate a broad range of routine one
to one, group to group and community advocacy interactions, including advocate/advocate,
expert/advocate, community/advocate and community wide communications.
Given the complexity of the relationships needed to advance these
portals and the need for universal “buy-in”, a national principles-driven
coordinating and facilitating process should be established to explore
how best to build appropriate state and national content relationships
between the gateway and the content providers and the Content Consumers.
The process should explore the creation of a more formal institutional
capacity to manage these relationships and associated tasks in the long
term (hereafter referred to as an entity). The process and any entity
should be simple and low-overhead, designed to maximize the participation
of all partners.
To build an organization that meets these goals, the community must
carefully engage to craft the most appropriate principles. Key principles
might include those of Access Maximization, Cost Minimization, Fair Return,
Independence and Neutrality, Maximization of Distribution, Comprehensiveness,
Interoperability, Scalability and Incentive.
The facilitating entity should seriously explore how to generate
money by attorney advertising on the Self Help Portal and to channel the
money to content providers. State specific advertising should be
coordinated by appropriate groups in each state. Consideration should
be given to subcontracting the revenue generating function and preference
should be given to taking advantage of existing bar relationships to manage
the attorney advertising.
The facilitating entity should negotiate relationships with existing
general content portals such as Excite, AOL Time Warner, and Netscape NetCenter.
Such relationships can bring users to the Self-Help Legal Sites, and get
legal content to those in need.
The facilitating entity should also explore relationships with existing
on-line legal content providers and self-help and legal gateway initiatives.
The facilitating entity should enter into agreements with network
of back-up centers and legal services content aggregators for standardized
submission of data. Revenue should flow to these providers, and the
National Entity must develop appropriate rules for the distribution of
this revenue.
As described above, the facilitating entity should negotiate content
providing relationships with appropriate partners in each state.
Preference should be given to existing groups of LS providers, provided
they can demonstrate capacity and integration.
The facilitating entity should create focused collaborations with
national level nonprofit special interest groups such as unions, courts,
law schools, for the creation and enhancement of content and for maximizing
user access to that content.
The facilitating entity should be responsible for a variety of functions
that must be handled centrally, including the design and maintenance of
the portals, the coordination of the system, broad programs of training
and outreach to maximize community buy-in and portal usage, and designing
both portals to take maximum advantage of the ways that each portal can
strengthen the other, including in terms of content and financial support.
The facilitating entity should facilitate the development of on-line
content. It should provide training in development of content.
It should design, develop and distribute on-line tools such as content
generators and literacy-level testers. It should encourage model
state development and research and development about how to integrate new
technologies into the content of the self-help portal and advocate desktop.
The facilitating entity itself should be structured for maximum
flexibility, and to minimize the possibility of external political control.
To the extent that an entity with a formal Board is ultimately found
appropriate by the process, membership of the board of the entity should
be structured to include those with the legitimacy and perspective to build
a transformation facilitating entity, but should not include those whose
institutional relationships would inhibit the development of the appropriate
contractual relationships. Consideration should be given to having
the initial board nominated by the funding community.
Regardless of the form that the institutional capacity ultimately
takes, an Advisory Group to that entity should be created, and should include
representatives of groups that for legal or political reasons should not
have formal authority for the conduct of the conduct of the entity but
whose participation will be critical to the success of the innovations
here proposed.
The entity should be structured so that the information gathered
from users could be used to provide users with legal news, to advocate
for policy changes, or for Access to Justice issues.
The entity should take care to protect the flexibility of the community
to make broad use of the information gathered from the Portals.
The national entity should create a consortium of groups interested
in broad poor and middle income access to legal information. These
groups would work together to help overcome access-to-technology issues.
In addition, the facilitating entity should negotiate mutual agreements
for access to content with a wide variety of special interest groups.
These agreements will create permanent linking of portals.
Given that legal self-help and pro-se remain legally controversial,
it is important that the legal information facilitating entity should engage
in for research and advocacy with respect to maintaining and expanding
the right of lay people to access and make appropriate use such information.
The system should be structured so that it can be supported by a
number of financial models, at least in its early phases. These models
should include adverting, user fees, program support and outside funding.
In the short term, the entity itself will need seed money.