This program is for self represented (pro se) Tenants and Landlords on the day they have court.  This program is a last resort for people who cannot afford a lawyer. You should try to meet with a lawyer before court. Landlords should always, in our opinion, hire a lawyer. Tenants should too if they can afford one or come to Tri-CAP before court if they are low income.  If you have to go to court without a lawyer, that’s when the Housing Lawyer for the Day can help you.

Tip: TENANTS:  DO NOT FORGET TO FILE AND SERVE YOUR ANSWER BY THE ANSWER DATE! The answer date is usually the Monday before your court date. Filing an answer and discovery (questions you ask your landlord) postpones your trial for two weeks.  Come to Tri-CAP as soon as possible to get our free answer forms and help filling them out.  

Housing cases are usually heard on Thursdays, starting at 9.  In Court at 9 (do NOT be late or you could lose your case) the clerk will introduce the Housing Lawyer for the Day and the Mediators. Then, the clerk will read out the names of everyone who has court that day. When your name is read out you can ask to speak to the Lawyer for the Day.  If you also want to speak to a mediator, you can let the Lawyer for the Day know, and he or she will find a mediator for you to speak with too.

How can the Lawyer for the Day Help?

The Lawyer for the Day offers advice and information, not representation, to low-income pro se Tenants and Landlords. He or she is a volunteer lawyer or a Tri-CAP staff lawyer. The Lawyer for the Day will read your court file, meet with you privately and discuss your case with you. The Lawyer for the Day cannot also meet with your adversary. The service is offered on a first come first served basis.

Help we can offer might be, for example, explaining court procedure, referring applicants to appropriate resources or offering an opinion on the pros and cons of a case. As a Malden Judge recently said, “The Lawyer for the Day can explain what I can and what I cannot do.”  The program stocks numerous generic pro se motions, answers and other court forms. 

Sometimes you can win a case on a technicality. Sometimes a case simply has no chance of winning and it is better to try to make a deal with your opponent. This is called an Agreement for Judgment. The Lawyer for the Day can give you information about this.

The program is located in the library on the third floor of Malden District Court.  The service is offered on Summary Process Day, which is Thursday, from 9:00 to 11:00 am (or earlier if there are no more applicants)