Personal Assistance from Court Staff

Despite efforts to direct more Court users to the website for the breadth of information provided there, it would appear that the majority of the self-represented still seek personal assistance from Clerk’s Office and Chambers staff. The Court has tried to address this by training staff to be as effective as possible in answering questions without providing legal advice. In 2011, the Court’s annual Winter Education Seminar included a presentation to staff on distinguishing between questions that ask for legal advice and those that ask for procedural advice. A presenter from the Federal Judicial Center led the discussion, and attendees were provided electronic polling handsets to weigh in on each of the 50 most common questions from the public that were submitted by the Clerk’s Office. The presentation encouraged staff to improve their customer service skills by answering as many questions from the public as possible, provided that the questions are procedural in nature.

Prior to the seminar, the Clerk’s Office conducted a district-wide survey of bankruptcy judges, asking whether each question requested legal advice, procedural advice, or neither. The participating judges’ answers were consolidated into a handout for all attendees to take away as a response guide for questions from the public. Several judges also attended the presentation to guide the discussion on the kinds of questions that should and should not be answered by the Clerk’s Office. The presentation strengthened the staff’s ability to identify when a question is seeking legal advice. In addition to the response guide, each attendee received a folder with materials highlighted by the FJC presenter, including the iBOT on bankruptcy, a legal advice quiz, and customer service guidelines and resources prepared by other courts about how to treat legal questions and avoid providing legal advice.

Becoming more comfortable with the difference between legal advice and procedural information promotes better customer service by reducing the incidence of staff withholding helpful information for fear of providing legal advice. The Court has also increased general education for all staff by printing regular updates about our programs for self-represented parties in the Court’s internal monthly newsletter.

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