Thank you for your insightful article about the problem of self-representation in protection from abuse orders (Dec. 2). I am sure some of your readers may focus on whether Joshua Valley should or should not have been punished for what he did. Without knowing all the facts of the history of the family relationship, it would be hard to second guess a judge’s decision, especially since jail time is so rarely imposed in these cases.
As to the consequences of self-representation, as incoming president of the Maine State Bar Association, I can tell you that lawyers and the judiciary are acutely aware of the issue.
It should be noted that Maine lawyers are only second in the nation in donating their time, as pro bono advocates, for people who cannot afford an attorney. This fact has been recognized nationally and also by the state’s judiciary through the creation of the Katahdin Counsel program which honors the hundreds of Maine attorneys who donate more than 50 hours of their time each year.
But that is not enough.
Your article underscored two important problems. First, for members of the public who cannot afford an attorney, there is inadequate funding of the legal services programs for the poor and elderly.
The budget problems in Augusta and shrinking willingness at the federal level have caused those efforts to be terribly underfunded. The law school in Portland, likewise, is part of the university system, so its ability to provide even student representation for all parties is subject to budget limitations.
The second issue is the lack of public understanding about the true cost of having a lawyer help them.
Lawyers are now ethically permitted to “unbundle” their legal services, meaning that a member of the public does not need to hire a lawyer for his or her entire case, but can arrange with the attorney for representation limited to only certain issues.
That is a way of helping the public afford representation in the important issues of their lives. Additionally, most lawyers will accept payment plans which stretch out the cost over time.
The article illustrates the problems faced by those who think they can go it alone and not have professional help.
In the most important medical affairs of a person’s life, he or she would be foolish not to at least consult a doctor. The article makes clear that self-representation can have very serious consequences and can be avoided, given the number of attorneys willing to help.
Bill Robitzek, Lewiston
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