This measure simulates attempts by indigent and low-income persons with routine legal problems to obtain affordable legal assistance. The data are collected by individuals who have not previously obtained legal assistance. The measure complements Measure 1.5.1, Inventory of Assistance Alternatives for the Financially Disadvantaged, and also provides information related to Standard 1.3, Effective Participation, and Standard 1.2, Safety, Accessibility, and Convenience.

Planning/Preparation. At least six scenarios of circumstances in which individuals with a limited income attempt to obtain legal assistance should be developed. The scenarios should be developed in consultation with professionals (e.g., attorneys) who routinely work with financially disadvantaged individuals. The scenarios should be based on legal problems commonly faced by individuals with a limited income.

Each scenario should include the name of the individual seeking help; his or her address and telephone number; demographic information such as race, gender, and income; personal information such as marital status and number of children; and the hypothetical reason for seeking legal help. As much as possible, each scenario should represent typical cases of low-income individuals in the community. The scenarios should also represent individuals from different geographic areas of the community, including rural areas if appropriate.

Officials of agencies not connected with the court should be notified beforehand of the purpose and nature of the simulations. Notification should take place at least 15 days before the simulations are conducted. If any agency objects to the simulation, court officials should request a meeting to determine if the measure could be modified to alleviate the agency’s objections. If modification is not possible, the agency should be excluded from the simulation exercise.

Data Collection. The simulations should be spaced across several days and conducted at different times of the day to reduce the risk of detection by personnel from the court or other legal/social services agencies. If possible, the simulations should be conducted by different individuals. Those conducting the simulations should memorize the individual scenarios and should dress and behave in a manner consistent with each scenario.

Three simulations are conducted by telephone, and three are conducted in person. For each, the data collector should complete Form 1.5.2, Access to Affordable Civil Legal Assistance. The form is divided into two sections: telephone simulations and inperson simulations.

Data collectors (those conducting the simulations) should not be given specific directions for obtaining information on legal assistance. Each data collector is given a scenario and the name of the court and is asked to obtain information on legal assistance for the person in the scenario. For telephone simulations, the data collector begins by obtaining a phone number for the court. The data collector calls the court and requests information for obtaining legal assistance for the reason stated in the scenario. The data collector records information on each person with whom he or she speaks until the data collector has obtained the relevant information for accessing legal help (e.g., the kind of help available, how much it will cost, and the procedure for accessing the help).

For simulations conducted in person, the data collector begins by trying to obtain public transportation (e.g., bus, subway, taxi) from the neighborhood noted in the scenario to the court. If public transportation is not available, the data collector should note that fact on the data collection form and drive to the court in a private car. The remainder of the simulation is identical to the telephone simulation, except that the data collector actually visits the offices or agencies to which he or she is referred. The simulation ends when the data collector understands the procedures for obtaining legal assistance. The data collector does not need to actually obtain the legal assistance.

Data Analysis and Report Preparation. A report with basic statistical information should be prepared covering topics such as the number of referrals necessary for obtaining the information in each scenario and the length of time required to obtain the information for each scenario (sum the number of minutes required to find each phone number or office and the number of minutes spent during each conversation). A content analysis of responses to questions in Parts 1C and 2C should also be performed. For example, what types of problems are mentioned most frequently as obstacles in trying to obtain information on legal assistance?