LEGAL AID AND DEFENDER ASSOCIATION Private Attorney Involvement Plan

Transcription

1 LEGAL AID AND DEFENDER ASSOCIATION 2012 Private Attorney Involvement Plan Introduction: The Legal Aid and Defender Association, Inc. (LAD) Civil Law Group provides civil legal services to low-income clients in Oakland, Macomb, and Wayne Counties. Approximately 648,879 individuals in this service area are living at the federal poverty level. The Private Attorney Involvement Unit (PAI) seeks out pro-bono opportunities for attorneys outside of LAD to assist clients with their legal matters. This unit allows for more clients to have access to the justice system, and allows for attorneys to give back to the community through their volunteer commitments to PAI. In accordance with 45 CFR 1614, the 2012 PAI plan includes: I. Program Goals for II. PAI Projects III. PAI Unit Structure and Staffing IV. Recruitment V. Recognition and Retention VI. Support and Technical Assistance VII. Quality Control VIII. Conclusion I. Goals for 2012 One goal for the PAI unit is to handle 400 cases with pro bono attorney involvement in With the reduction in staff throughout the CLG due to funding cuts, the PAI staff will be more concentrated in involving pro bono attorneys in clinics offered by CLG as an attempt to assist more clients. Another goal for the PAI unit will be to continue to diversify the types of cases and the level of services required by the clients that are placed with pro bono attorneys, emphasizing cases that are a priority to our clients. Currently the priorities include family stability, income maintenance, transportation, education and housing. Offering training to the pro bono attorneys in these specific areas allows them to become more familiar with the areas of law, and take on more complex cases. In addition, the PAI staff will attempt to involve attorneys from large corporations in addition to the law firms in Wayne, Oakland and Macomb counties Private Attorney Involvement Plan Page 1

2 II. PAI Projects LAD s PAI Unit offers many ways to participate in pro bono work: 1). Volunteer Civil Law Project (VCLP) Cases are placed with solo practitioners, small, mid and large firms in Macomb, Oakland, and Wayne counties. VCLP attorneys represent eligible clients in the areas of barriers to employment, consumer, expungement of criminal records, family, housing (landlord tenant and mortgage foreclosure), government benefits, real estate, special education, probate, and tort defense. All pro bono attorneys who participate in direct pro bono representation are assigned to this pro bono panel unless they are participating through another bar association project listed below. Cases are also placed with the Oakland and Macomb County Bar Associations through their pro bono attorney referral panels. 2). The Food Stamp Project Food Stamp Project identifies people who are eligible for food stamps or receive a lower food stamp grant than they are qualified for. Pro bono attorneys from Ford Motor Company s General Counsel Office screen clients for food stamps at four (4) clinics at schools in low income neighborhoods. People from the surrounding community are also invited and attend. The pro bono attorneys help people who are eligible apply online at the Clinic. LAD staff trains the pro bono attorneys in food stamp screening. We have also held a clinic at the Beaumont Hospital Pediatric Medicaid Clinic as a part of the Legal Aid for Children and Families (LACF), a medical-legal partnership in collaboration with LAD. Pro bono attorneys from Dykema Gossett PLLC and Butzel Long PC have also staffed a clinic. This Project received the National Association of Pro Bono Professionals (NAPBPro) s Pro Bono Best Practice Award at the American Bar Association s Equal Justice Conference in LSC has recognized the Food Stamp Project as a model for other pro bono programs by placing it on LSC s Legal Resource Information Website. 3). STEP Expungement Project In collaboration with the Wayne County STEP Project (Second Chance Thru Expungement) pro bono attorneys handle expungement cases. STEP pays the fees for fingerprints, certified documents, and criminal records. This is important for our clients who are often unemployed and cannot pay these fees. STEP holds community meetings registering several hundred Wayne County residents at each meeting. They refer the cases to LAD. LAD staff handles the intake. Pro bono attorneys prepare the pro se pleadings and meet with each client to advise, answer questions and finalize the pro se pleadings. PAI staff files the pro se cases, reviews the criminal record to confirm that the client meets the legal requirements for an expungement, and places the case with a second pro bono attorney. This pro bono attorney represents the client at the actual expungement hearing. Pro bono attorneys from Bodman LLP, Butzel Long PC, Clark Hill PLC, Dykema Gossett PLLC, Dickinson Wright PLLC, Foley Lardner LLP, Ford Motor Company, Garen Lucow Miller P.C., Honigman Miller Schwartz & Cohn LLP, Miller Canfield, Plunkett Cooney and from small firms and solo practices participate in the Expungement Project. We also place expungement cases for Oakland and Macomb County residents with pro bono attorneys from 2012 Private Attorney Involvement Plan Page 2

3 those counties. The cases handled by pro bono attorneys have been 99% successful and the client s record is expunged removing a significant barrier to employment. The Legal Services Corporation (LSC) has recognized the STEP Project as a model for other programs. The Project is included on its LSC Information Resource Website for review by other LSC funded programs. The National Association of Pro Bono Professionals (NAPBPro) chose the project as one of five (5) to be showcased in a national webinar on Best Practices in ). The Macomb County Assisted Pro Se Divorce Clinic A pro bono attorney or law student supervised by an attorney makes a presentation to groups of eligible clients who need a simple divorce. They help the clients prepare the pro se pleadings and explain the divorce process. Clinics are held once a month at LAD s Macomb County Office. All participants are pre-screened by LAD staff to insure that they can handle their divorce pro se and that there are no complex issues. A second pro bono attorney then meets with each client individually. The pro bono attorneys review their pleadings and provide individualized advice and counsel. Clients can return to the Clinic as needed for follow-up appointments with the pro bono attorney. PAI staff answers questions between clinics and prepares any other necessary pleadings. The Clinic is highly successful. Almost 94% of the attendees who file obtain their divorce. 5). The Bodman LLP Project Pro bono attorneys from Bodman LLP handle an assisted pro se divorce clinic each month for Wayne County residents. The pro bono attorneys help the clients prepare pro se pleadings and explain the divorce process. All participants are pre-screened by LAD staff to insure that they can handle their divorce pro se and that there are no complex issues. Bodman also accepts cases for placement. Prospective cases are ed to the firm for review. They consider any of the case types needed by LAD clients. 6). Dykema Gossett PLLC and General Motors Corporation Systemic Housing Law Project Pro bono attorneys from Dykema Gossett and the General Motors Company are reviewing the federally required Public Housing Plan and the Admissions and Continuing Occupancy Plan of two selected Housing Commissions in LAD s service area of Wayne, Oakland and Macomb counties. The review will determine whether the written policies comply with applicable state and federal law and attempt to determine whether the Housing Commissions follow the required policies. Further action may be taken depending on the outcome of the review. 7). General Motors Company Assisted Pro Se Divorce Clinics in Wayne County Pro bono attorneys from the corporate legal staff of the General Motors Company handle a divorce pro se clinic each month for residents of Wayne County. The pro bono attorneys help the clients prepare pro se pleadings and explain the divorce process. All participants are pre-screened by LAD staff to insure that they can handle their divorce pro se and that there are no complex issues Private Attorney Involvement Plan Page 3

4 8). The Honigman Miller Schwartz & Cohn LLP Projects Attorneys from Honigman, Miller Schwartz & Cohn law firm accept last minute litigation cases which come to LAD on the eve of a summary disposition hearing or trial. These are emergency litigation cases with a previously pro per client. The Honigman attorney steps into the ongoing litigation and is able to stabilize the case and achieve a good result for the client. Honigman attorneys also accept cases from LAD directly and through the Detroit Legal Services Clinic conducted in partnership with the Detroit Metropolitan Bar Association. In another project, these attorneys volunteer a half day each month at LAD interviewing clients, researching legal issues, preparing expungement pleadings, meeting with clients to advise them of the expungement process and finalize the pleadings and preparing cases to be placed with other pro bono attorneys. 9). Wayne County Assisted Pro Se Post Judgment Clinic A pro bono attorney explains how to handle post judgment motions to change child support, custody, visitation, or parental rights. After the presentation the pro bono attorney and LAD staff assists each participant in preparing the pro per pleadings. 10). Oakland County Bar Association s (OCBA) Pro Bono Mentor Mentee Project This project received the prestigious National Association of Bar Executives Lexis-Nexis Award for Community and Educational Outreach at their annual meeting in 2011.The Project is collaboration between the OCBA, LAD and the Thomas M. Cooley Law School s Free Legal Assistance Project (FLAP). Experienced attorneys and OCBA members mentor newer OCBA member attorneys as they handle a pro bono case. The case types include divorce, expungement of a criminal record, collection case defense, and landlord tenant defense. Mentors and mentees are matched by LAD and FLAP s pro bono staff. 11.) The Detroit Legal Services Clinic (DLSC) The Detroit Metropolitan Bar Association (DMBA), several large law firms, and corporate counsel staff conduct this Clinic. The Clinic accepts cases for placement with participating firms and corporate counsel. Case types include consumer, probate, real estate, employment, removing barriers to employment, and tort defense. 12). Detroit Metropolitan Bar Association s Mentorship Program - The DMBA and its Foundation collaborate with the Thomas M. Cooley Law School and LAD matching law students with volunteer attorneys who work together on pro bono cases for clients in Wayne County. Students are recruited from the Cooley Auburn Hills and Ann Arbor campuses, and attorneys are recruited from across Wayne County. LAD provides pro bono cases to this program. 13). Summer Associates Project Summer Associates from Dykema Gossett PLLC, Honigman Miller Schwartz & Cohn and Miller Canfield handle expungement cases under the supervision of pro bono attorneys from their respective firms and with the permission of the Chief Judge of the Criminal Division of the 3rd Circuit Court. The Summer Associates report that this project was among their most meaningful experience at their firm. Research indicates that law students who are involved pro bono work will continue that involvement as attorneys Private Attorney Involvement Plan Page 4

5 14). Large Firm Pro Bono Coordinators Work Group The Pro Bono Coordinators of the large law firms meet regularly. PAI s Managing Attorney was invited to the meetings and attends. Cases are posted on the established list serve for placement. This has proven to be an extremely efficient means of placing cases and we have received positive feedback from the participating firms. The Work Group also developed systemic pro bono projects for the firms to consider. 15). Volunteer Internships - We offer new attorneys, law students, and paralegals the opportunity to work at LAD with our staff on cases, projects, and research benefiting our clients. This gives them an opportunity to get hands-on experience, mentored by experienced LAD attorneys. 16). Co-Counseling and Consultation arrangements We recruit private attorneys to cocounsel cases with LAD attorneys when this need is determined by LAD s Deputy Chief Counsel or Director of Litigation. We have also recruited pro bono attorneys in specialized areas of the law to consult on cases being handled by LAD staff. III. Private Attorney Involvement Unit Structure For 2012, the CLG suffered a drastic reduction in funding due to federal funding cuts. As a result the staffing for the PAI unit was cut. The staffing for PAI now includes the following: A Managing Attorney handles program management, develops procedures and systems, recruits pro bono attorneys, handles grant writing and reports, supervises PAI staff, prepares cases for placement, places cases, develops volunteer training, mentors pro bono attorneys, handles the Food Stamp Clinic and Expungement Projects, and a caseload. Our Program Manager assists in the development and monitoring of office procedures to ensure efficiency, coordinates the Food Stamp Clinics, assists with the organization of volunteer attorneys and client expungement appointments, creates and maintain office correspondence and forms, assists in various stages of case handling for expungement cases under the supervision of an attorney, provides computer and data maintenance system training to in house pro bono attorneys and compiles office reports. One Staff Attorney assists with recruitment, preparation of cases for placement, placement of cases, handles the Macomb Assisted Pro Se Domestic Clinic Project, obtains case closure information, prepares cases for closure, mentors pro bono attorneys and handles a caseload. One Paralegal assists with preparation of cases for placement and closure, recruits attorneys for the Macomb Assisted Pro Se Divorce Clinic, schedules the pro se clinics and expungement appointments, prepares pro se pleadings for Macomb Divorce pro se clients and handles a caseload Private Attorney Involvement Plan Page 5

6 The PAI staff participates in local and state bar associations, other professional associations, task forces and statewide planning committees. IV. Recruitment PAI unit uses a variety of methods to recruit pro bono attorneys. For example, free training is provided to law firms with customized training for any firm or attorneys who want specialized training to handle pro bono cases. The expertise of LAD staff and other pro bono attorneys provide quality training in virtually any legal are where our client s need assistance. For example, we provided training for the General Motors Company, Masco, and Ford Motor Company s Corporate Legal staffs in wills and estate planning. Specialized domestic training was provided to attorneys at Bodman LLP and the General Motors Company before they began handling the assisted pro se divorce clinics. PAI staff provided training in expungements for Miller Canfield and Plunkett Cooney as they began handling expungement cases for our clients. PAI staff engages in targeted recruitment, seeking attorneys who already handle the types of cases that our clients have. Attorneys are recruited to handle cases that cannot currently be handled by LAD staff due to the high demand for services or cases where staff does not have expertise. For example, private attorneys are recruited who handle social security disability cases, income tax issues, domestic, real estate and consumer cases. Private attorneys are continuously recruited who speak Spanish, Arabic, and Chaldean to handle individual cases for Hispanic and Middle Eastern clients. The PAI staff uses other recruitment techniques including: contact with prospective volunteers. Calling prospective attorneys directly Passing out literature asking for volunteers Attending the new attorney swearing in ceremonies LAD provides malpractice insurance coverage for any attorney handling a pro bono case LAD provides mentoring, library and reference materials, sample pleadings, and PAI staff is available for assistance to attorneys handling pro bono cases Attending the State Bar meeting and staffing a recruiting table Attending the Pro Bono Fair co-sponsored by the State Bar of Michigan, the Oakland County Bar Association, and the Macomb County Bar Association for Oakland and Macomb County for Pro Bono month in October of We also attended the Pro Bono Fair for Wayne County co-sponsored by the State Bar of Michigan, the Detroit Metropolitan Bar Association, and Dykema Gossett PLLC. V. Recognition and Retention LAD held a Pro Bono Awards Ceremony in November of The Pro Bono Awards, at the A. Alfred Taubman Center for Design in Detroit recognized the overwhelming pro bono contributions of many attorneys, firms, and corporate legal staff in the tri-county area. The Private Attorney Involvement Plan Page 6

7 Awards were sponsored by the General Motors Company, Ford Motor Company, Miller Canfield, Garan Lucow Miller PC, Kitch Drutchas Wagner Valitutti & Sherbrook, Dickinson Wright PLLC, Butzel Long PC, the Detroit Metropolitan Bar Foundation and Association, Plunkett Cooney, Honigman, Miller Schwartz & Cohn LLP, the Beaumont Health System, Dykema Gossett PLLC, Bodman LLP, Keinbaum Opperwall Hardy & Pelton PC, Clark Hill PLC and the Legal Aid and Defender s Civil Law Group Legal Services Corporation Policy Board. A Program Booklet detailed the significant pro bono work on behalf of our clients. Pro Bono Awards have been held in 2005, 2006, 2008, 2010 and There is also a Program Booklet for each of these award events. Copies are available on request. In 2009 Pro Bono Awards were given at LAD s 100 th Anniversary Celebration. LAD also participates in the award ceremonies held by the Oakland County Bar Association and the Macomb County Bar Association. Each Bar Association recognizes a Pro Bono Attorney of the Year. LAD chooses an attorney for this recognition. The PAI Unit has also been recognized for its work. The Food Stamp Project received the National Association of Pro Bono Professionals (NAPBPro) s Pro Bono Best Practice Award at the American Bar Association s Equal Justice Conference in The Legal Services Corporation (LSC) has recognized the Food Stamp Project as a model for other programs. The Project is included on its LSC Information Resource Website for review by other LSC funded programs. LSC has also recognized the STEP Expungement Project as a model for other pro bono programs by placing it on LSC s Legal Resource Information Website. The National Association of Pro Bono Professionals (NAPBPro) chose the project as one of five (5) to be showcased in a national webinar on Best Practices in The Oakland County Bar Association s Mentor Mentee Project, collaboration between the Bar Association, LAD and the Family Law Assistance Project received the prestigious National Association of Bar Executives Lexis-Nexis Award for Community and Educational Outreach at their annual meeting in VI. Support and Technical Assistance The PAI Unit staff provides support and technical assistance to volunteer attorneys by: Allowing access to office space and computers Allowing access to LAD s law library, brief bank and sample pleadings on request Maintaining malpractice insurance for all attorneys who accept a case Development of a lending library of substantive legal materials for volunteers Providing mentors for pro bono volunteers Pairing new attorneys with experienced attorneys when appropriate PAI staff is available for immediate mentoring and assistance 2012 Private Attorney Involvement Plan Page 7

8 VII. Quality Control The PAI staff follows specific procedures to ensure quality representation of our clients: We verify that all VCLP volunteers are licensed to practice law and are in good standing with the Michigan State Bar The firms that participate in the DLSC assure LAD that attorneys who participate in that project are qualified We monitor the attorney disciplinary notices published in the State Bar Journal and local legal newspaper To assure appropriate case referrals, we ask attorneys to identify their areas of practice, indicate what types of cases they wish to take, and what areas they would like training. We use this information to determine the volunteer s experience and areas of interest so we can make appropriate placements. Once cases are assigned PAI staff: monitor case progress through contact with the pro bono attorney and the client obtain the case status and closure data required by LAD s funders the Managing Attorney reviews all files before closure We routinely send client surveys to PAI clients to gather information about volunteer attorney s services. The Managing Attorney reviews this information. VIII. Conclusion LAD is committed to assuring that the Private Attorney Involvement Unit remains at the forefront of programs offered by Legal Aid offices throughout Wayne, Oakland and Macomb offices. This unit has received several awards and recognition for the outstanding work done by the pro bono attorneys and its staff. For 2012, the PAI unit continues its commitment to the clients through more innovative ways of involving pro bono attorneys, assuring the highest quality of legal representation for the clients, and providing a rewarding experience for everyone involved. We welcome your review and comment on our PAI Plan by phone or to: Lynda Krupp, Managing Attorney Private Attorney Involvement Unit 613 Abbott Street Detroit, MI lkrupp@ladadetroit.org Direct (313) FAX (313) Private Attorney Involvement Plan Page 8