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Page 1: Meeting LEGAL SERVICES Needs and Changing Lives Presentations/Legal...LEGAL REPRESENTATION For those who are unable to afford the services of a private ... Agreed divorce and child

Meeting Needs and Changing Lives

LEGAL SERVICES

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What is your name?

Where are you from – city and church/organization?

Why are you in this workshop?

INTRODUCTIONS

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¡ “The middle 70% of our population is not being reached or served adequately by the legal profession.” (U.S. Supreme Court in Bates v. State Bar of Arizona)

¡ The most cited reasons for lack of access to the justice system are that legal services cost too much, a sense that hiring an attorney would not help, ignorance about how to access the system adequately, and a belief that the legal situation is not a problem (Legal Needs and Civil Justice: Major Findings from the Comprehensive Legal Needs Study, American Bar Association, 1994)

¡ Nearly three-quarters (71%) of the legal situations faced by low-income households and nearly two-thirds (61%) of the legal needs of moderate-income households do not find their way to the justice system (Legal Needs and Civil Justice, ABA, 1994)

THE NEED

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Greater Waco Legal Services (GWLS) provides affordable legal services, holistic advocacy, and community-driven problem-

solving so that all members of our community have equal access to justice.

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“Power without love is reckless and abusive, and love without power is

sentimental and anemic. Power at its best is love implementing

the demands of justice, and justice at its best is power correcting

everything that stands against love.”-- Martin Luther King, Jr.

WORKING AND DEFINING PRINCIPLES

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VISION

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CO-CREATING LOVE AND JUSTICE WITH OUR COMMUNITY

The vision is for Greater Waco Legal Services to be a connecting force for growing Love and Justice in our community, state, country, and world so that people of every race, religion, age, gender, sexual orientation, and national origin are treated equally under the law and empowered to live a life full of freedom, joy, peace, and love. We strive to be at the intersection of Faith, Power, Love, and Justice, joining with others to use our resources, education, experience and skills in the actions of Love and Justice in our world.

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Problem-solving (not case-processing)

Client-centered (life outcomes not cases won)

Community-driven (what’s happening not what happened?)

HOLISTIC ADVOCACY

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LEGAL REPRESENTATION

For those who are unable to afford the services of a private attorney, GWLS offers direct legal advocacy in the following areas:¡ Immigration: Family and victim-based petitions, DACA,

Citizenship / Naturalization, and other areas as available¡ Barriers to Employment: Criminal record history issues, driver's

license or ID issues, and other employment issues as available¡ Housing: Landlord-Tenant, Negotiating payment of delinquent

taxes, Clearing title to property, and other housing related issues¡ Wills and Estates: Assistance with basic documents, such as

Wills, Powers of Attorney, Directives to Physician, and Transfer on Death Deeds

¡ Family Law: Agreed divorce and child custody, limited situations that are not agreed, pro se coaching and other limited scope representation/document drafting

¡ Criminal Defense and Justice/Municipal Court Representation

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First Monday Legal Advice Clinics

Consultation and Referral System

Social Services Support

Legal Empowerment Workshops

Community Problem-solving Projects

Policy Advocacy

OTHER SERVICES

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HOLISTIC ADVOCACY

Individual and Family Advocacy

Community-wide

AdvocacyPolicy

Advocacy

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“…advocacy expresses the freedom in Christ to undertake the cause of another –

including causes deemed ‘hopeless,’ to intercede for the need of another – without evaluating it, but just because the need is

apparent, to become vulnerable – even unto death – in the place of another.”

-- William Stringfellow,Advocate!, Lawyer, Author, Theologian

ADVOCACY

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Invite others to join in God’s work

Channel their Power toward Justice

Provide a space for Grace

“…where sin increased, grace abounded all the more.”

CHANGING LIVES, NOT JUST MEETING NEEDS

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LEGAL ADVICE CLINICS

LEGAL EMPOWERMENT SESSIONS

COMMUNITY PROBLEM-SOLVING PROJECTS

REFERRAL NETWORK

RESOURCE CONNECTIONS

WHAT CAN YOU DO?

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CoordinateRecruit

Non-attorney VolunteersAppointmentsConsultations Exit surveys

Follow-up

LEGAL ADVICE CLINICS

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¡Coordinate§Phone calls, phone calls, phone calls§Decision tree§Scheduling§Files, paperwork, case management system

¡ Recruit¡ Appointments¡ Non-attorney Volunteers ¡ Consultations ¡ Exit surveys¡ Follow-up

LEGAL ADVICE CLINICS

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¡ Coordinate

¡Recruit§Take away their reasons for not participating§Short time commitment§No further representation§Efficiency§Keep them in their comfort zone

¡ Appointments¡ Non-attorney Volunteers¡ Consultations¡ Exit surveys¡ Follow-up

LEGAL ADVICE CLINICS

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¡ Coordinate¡ Recruit

¡Appointments§ Set up ahead of time§ Connect legal issues to attorneys’ areas of practice§ Be ready for walk-ins§ Take good notes§ “We will get back to you…”§ Use student researchers§ Ask ”expert” attorneys

¡ Non-attorney Volunteers¡ Consultations¡ Exit surveys¡ Follow-up

LEGAL ADVICE CLINICS

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¡ Coordinate¡ Recruit¡ Appointments

¡Non-attorney Volunteers are VERY helpful§Set-up, prep§Forms assistance§NOTES!§Research§Follow-up

¡ Consultations¡ Exit surveys¡ Follow-up

LEGAL ADVICE CLINICS

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“Poweratitsbestisloveimplementingthedemandsof

justice,andjusticeatitsbestispowercorrectingeverythingthatstandsagainstlove.”MartinLutherKing,Jr.

CompelledbytheteachingsandloveofJesusChrist,GreaterWacoLegalServicesserves,advocatesfor,andempowerspeopleinneedregardlessofrace,religion,

age,gender,sexualorientation,ornationalorigin.

P.O.Box689Waco,TX76703-0689

[email protected]

Date:___________________________Answerallquestions.Untrueorincompleteresponseswillresultindenialordelayofservice.PLEASEPRINTNEATLY.BASICINFORMATION

LastName:_______________________________________________SecondLastName(ifany):____________________________________

FirstName:__________________________________________________Middle/Maiden:_____________________________________________

HomePhone:(______)________-_____________CellPhone:(______)________-_____________BirthDate:______/______/_________

Address:________________________________________________________________________________________________________

City__________________________State_________Zip__________________County________________________________________

Email_______________________________________________________________________________________InternetAccess?☐Yes☐NoLEGALISSUE(S):

c Divorcec ChildCustodyc ChildSupportc OtherFamily

c Employmentc Housingc WillsandEstatec Consumer

c Immigrationc Criminalc Other:__________________________

__________________________________

OPPOSINGPARTY:Ifyouhavealegaldisputewithsomeoneelse,whoisit(individualororganization)?____________________________________________________________________________________________________________________________________EMPLOYMENTANDFINANCIALINFORMATION#ofhoursworkedperweek_____________PayRate$__________________perhour/week/month/year(circleone)

Howmanypeopleliveinyourhousehold?Adults________Under18________

MONTHLYINCOME--ENTIREHOUSEHOLD EXPENSES LargeFixedDebts

(educational,taxes,childsupport,etc.)

$

Medical $

WorkTransportation $

Childcare $

Other $

Doyoureceivefoodstamps,Medicaid,TANF,orany

othermeans-testedbenefit?☐Yes☐NoASSETSDoyouownahouse,land,orotherrealestate,OTHERthanwhereyoulive?☐No☐Yes-Value$____________________DoyouownanautomobileotherthanONEusedforpersonalpurposes?☐Yesor☐NoIfso,Make___________________________Model__________________________Year______________Value(ifknown)$_______________Checkingaccount$___________________________SavingsAccount$__________________________Stocks/CDs$___________________

EmploymentIncome $Retirement $Unemployment $ChildSupport $SocialSecurity $SSI $SSDI $VA $OtherIncome $TOTAL $

ApplicationforLegalServices

APPLICANT AGREEMENT I, ____________________________(name), have asked Greater Waco Legal Services First Monday Legal Advice Clinic (“Clinic”) to assist me by providing me with limited legal information and advice. I hereby agree to the following (please INITIAL all lines below): ______I understand this Clinic is a legal ADVICE clinic only, and there are no guarantees that I will receive legal representation based on my application for the Clinic. ______I understand that the Clinic and the volunteer attorney advising me do NOT represent me. The Clinic will contact me if they are able to find a volunteer lawyer to meet with me or if Greater Waco Legal Services can provide further consultation or representation, and IT WILL BE MY RESPONSIBILITY to call and set up an appointment with the attorney. All information I have given to the Clinic is true and correct. The Clinic may terminate services at any time upon learning that I made untrue or false statements or misrepresented the facts of my case.

______The Clinic may examine public information regarding my criminal history.

______The Clinic may examine and copy any records or documents containing information relating to my case and may use this information to refer my case to a volunteer attorney.

______I will provide all requested documents or information to the Clinic within the deadlines given to me, or my case may be closed.

______I am responsible for contacting the Clinic if I have a change of address, telephone number, job, household income, pregnancy status, or other situation that may affect my financial eligibility or legal issue. I understand that my case may be closed if I fail to notify the Clinic of these changes.

The Clinic may request financial eligibility documents at any time. I understand that my case may be closed if I fail to disclose new information to the Clinic.

______I am responsible for all costs incurred in my case except for fees waived by a court. I understand that the Clinic requires such costs to be paid in full by Money Order or Cashier’s Check. I understand that the Clinic will notify me regarding the costs that I need to pay, if any.

______I understand that my provision of information to the Clinic to determine my eligibility for services does not, by itself, mean that the Clinic cannot help other people who might be adverse to me.

______I have the right to call the Clinic at any time. I also have the right to present concerns to the Clinic Director, and thereafter to the Advisory Council or other administrative staff of Greater Waco Legal Services.

______I give the Clinic permission to use my name to advertise my case to potential volunteer attorneys.

______I understand the Clinic won’t directly handle criminal issues, abortion-related litigation, or class actions.

______I have requested a copy of this Agreement.

Applicant Signature: Date:

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ATTORNEY NOTES

Attorney’s Name: ______________________________________________________

Attorney’s Bar No.:

Date:

Applicant’s Name: _____________________________________________________

Applicant’s Legal Problem: ______________________________________________

SUMMARY OF FACTS:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

LEGAL ADVICE PROVIDED:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

RECOMMENDATION:

[ ] CONTINUED REPRESENTATION NEEDED**

[ ] NO FURTHER ACTION NEEDED – provided Advice & Counsel only

[ ] PROVIDED LIMITED ACTION by: _________________________________

________________________________________________________________

** [ ] Check here if you are interested in representing this Applicant going forward. If you check this box, Greater Waco Legal Services will contact you to arrange for extended representation.

STUDENT NOTES

Student’s Name: ______________________________________________________

Date:

Applicant’s Name: _____________________________________________________

Applicant’s Legal Problem: ______________________________________________

SUMMARY OF FACTS:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

INFORMATION PROVIDED:

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

RECOMMENDATION:

[ ] ATTORNEY CONSULTATION NEEDED**

[ ] NO FURTHER ACTION NEEDED – provided Information only

[ ] PROVIDED LIMITED ACTION by: _________________________________

________________________________________________________________

** [ ] Check here if you are interested in assisting with the representation of this Applicant going forward. If you check this box, Greater Waco Legal Services will contact you to arrange your assistance with any extended representation.

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¡ Coordinate¡ Recruit¡ Appointments¡ Non-attorney Volunteers

¡Consultations§NOTES are crucial!§20-30 minutes§Assure as much privacy as possible§Keep it confidential§Advice, options, next steps (i.e. “homework”)

¡ Exit surveys¡ Follow-up

LEGAL ADVICE CLINICS

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¡ Coordinate¡ Recruit¡ Appointments¡ Non-attorney Volunteers¡ Consultations

¡Exit surveys§Applicant experience§Social service needs§Other feedback

¡ Follow-up

LEGAL ADVICE CLINICS

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Greater Waco Legal Services- Legal Clinic Exit Survey Applicant: Date:_______________ Please take a moment to rate our services. Thank you for giving us the opportunity to serve you. Evaluation Scale: (5) Superior (4) Excellent (3) Good (2) Fair (1) Poor Overall Experience 5 4 3 2 1 How would you rate your experience with Greater Waco Legal Services? 5 4 3 2 1 How would you rate the level of service from: Interns/Volunteers 5 4 3 2 1 Attorney 5 4 3 2 1 Evaluation Scale: (5) Definitely (4) Likely (3) Not Applicable (2) Not Likely (1) Not at all How likely are you to return to Greater Waco Legal Services for help? 5 4 3 2 1 How likely are you to refer anyone to Greater Waco Legal Services? 5 4 3 2 1 Were your needs met at this clinic? 5 4 3 2 1 If your needs were not met, what steps do you believe should be taken to have your needs met? Do you have any suggestions of how Greater Waco Legal Services may improve our Legal Clinic? The following questions are optional; however, your answers will allow Greater Waco Legal Services to better understand your overall situation, and how we might be of further assistance.

Do you or anyone in your family need help applying for Medicaid, Medicare, Social Security, Disability benefits?

□Yes □No

Are you or anyone in your household in need of services related to a pregnancy? □Yes □No Are there any children in your household with a disability and need assistance? □Yes □No Are you or anyone in your household in need of services related to a disability? □Yes □No Do you or anyone in your household need help obtaining medications? □Yes □No Do you or anyone in your household need help obtaining food? □Yes □No Do you or anyone in your household need help with any expenses such as: Utility bills, rent, or Medical bills?

□Yes □No

Do you or anyone in your household need help finding a permanent place to live? □Yes □No Please explain your current living situation: Are you or anyone in your household interested in getting help attending classes or school? □Yes □No Do you or anyone in your household need job assistance? □Yes □No Do you or anyone your household need counseling or Mental Health services? □Yes □No

Are you or anyone in your household a veteran and need assistance? □Yes □No

Are you or anyone in your household in need of □Yes □No

If you or anyone in your household are reintegrating into society, after incarceration and need help, please explains areas in which you need assistance with.

Do you or anyone in your household need any other kind of help? □Yes □No If you answered yes, please explain what form of help you need:

I understand that my answers to these questions do not effect the legal services I receive and this data will be used to meet my needs and better Greater Waco Legal Services.

Signature: Date:______________

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¡ Coordinate¡ Recruit¡ Appointments¡ Non-attorney Volunteers¡ Consultat ions¡ Exit sur veys

¡Follow-up§ Research and response§ Keep good records

§ Repeats§ Follow-ups§ Referrals§ Conflicts

§ Needs Further Representation§ Brief description§ Email to group of potential pro bono attorneys§ Relational Referrals

§ Social services support

LEGAL ADVICE CLINICS

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¡ Listen to Your Community¡ Find available resources¡ BE VERY CAREFUL…!¡ Examples:

§ Immigration Know Your Rights and/or 101 § Landlord-Tenant Top Ten§ Protect Your House, i.e. Basic Wills and Estates

¡ Use Volunteer Attorneys§ Preparation§ Presentation§ Questions and Referrals

LEGAL EMPOWERMENT SESSIONS

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Top Ten Suggestions -- Housing / Landlord-Tenant Law 1. Put everything in writing!

2. BEFORE you move in -- take pictures, have a witness,

and do a walkthrough with the landlord. When you move out, do these same things AFTER you clean the apartment or house.

3. When you move out, give the landlord a

forwarding address in writing.

This triggers the landlord’s obligation to either return your security deposit or provide a written itemized list of deductions within 30 days or you may bring a legal claim

against the landlord.

4. Always pay your rent. Even if you feel wronged by the landlord, making timely rent payments increases your

legal rights!

5. Request repairs in writing, especially if they “materially affect the physical health or safety of an ordinary tenant”, then wait a week and make the

requests again (unless an emergency!). Or you can provide the original request for repairs by certified mail, return receipt

requested and only provide written request one time.

6. Do not be afraid to exercise your rights! A landlord cannot retaliate (wrongfully terminate the lease, file for eviction, deprive

use, decrease services, increase rent, etc.) against you because you exercise your rights.

7. The landlord must provide you with a written NOTICE TO VACATE at least 1 day (maybe 3 days if not in writing in the lease) before the landlord files an eviction lawsuit against you. Do your best to work things out with the landlord

BEFORE the eviction suit is filed.

8. Read your lease -- abide by the agreements in it and understand what the landlord can and cannot do. Be aware!

For example, many leases allow for a landlord to deduct late fees from your rent payments and then continue to charge late fees.

Make sure you give the landlord written notice of your intent to end the lease in the amount of time required by the lease or usually with at least one month’s notice, but

ONLY IF you have a legal reason to end the lease, the lease has expired or will expire when you want to move out, or the landlord agrees to the lease termination.

9. If you are home, you are in charge! If you are at home when management wants to

enter, they must ask to enter peacefully and at reasonable times. Be reasonable, but you are solely responsible for who enters. However, realize that most leases and Texas

law give the landlord a lot of reasons to enter your home when you are not there. If they do enter, many leases require them to leave inside your home a notice of entry with the reason for entry. Finally, a landlord MUST provide a keyless deadbolt on

all exterior doors that can only be locked/unlocked from the inside, as well as other specific security devices.

10. Survivors of domestic violence, sexual assault, or stalking have added legal

protections in both public and private housing. The Violence Against Women Act of 2005 (VAWA) protects individuals applying for or living in federally subsidized housing from being discriminated against because of

their status as survivors of domestic violence, dating violence or stalking. Survivors of domestic violence, sexual assault and stalking who do not live in subsidized housing

and therefore are not covered by VAWA may still be protected by federal and state fair housing laws.

Talk to an attorney

if you have any questions about your specific housing situation.

None of the above information should be considered legal advice.

It is for information purposes only.

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ØMedical-Legal Partnershiphttps://medical-legalpartnership.org/

ØLegal Services for Empowered Property Owners

ØSchool-Legal Partnershiphttps://www.cbsnews.com/news/failing-atlanta-school-cut-its-

turnover-rate-in-half-with-help-from-lawyers/

ØWaco Immigrant Resource Task Force

https://youtu.be/dg1IUSvbscI

ØName it and Claim it!

COMMUNITY PROBLEM-SOLVING PROJECTS

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¡ Connect folks personally¡ Build a broad network ¡ Invite attorneys to offer a sliding scale or otherwise reduced

fee

RELATIONAL REFERRAL NETWORKS

< 125% > 125% - 150% 150% - 200% 200% - 250%

Hourly Rate$0 (if fee waiver) -

$25 $50 $75 $100

Retainer $0 - $25 $150 $225 $300

Monthly Minimum ~5% of Monthly Income ~10% of Monthly Income ~10% of Monthly Income ~10% of Monthly Income

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¡ www.texaslawhelp.org¡ Your local legal aid organization – Lone Star, TRLA, or LANWT

§ www.lonestarlegal.org§ www.trla.org§ www.lanwt.org

¡ State Bar referral system§ https://www.texasbar.com/AM/Template.cfm?Section=Lawyer_Referral_

Service_LRIS_§ (800) 252-9690

¡ Texas Legal Services Center www.tlsc.org¡ Volunteer Legal Services Central Texas www.vlsoct.org¡ Houston Volunteer Lawyers https://www.makejusticehappen.org/

CONNECT TO RESOURCES

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Thank you for attending today’s workshop!

QUESTIONS?

KENT MCKEEVER 254-733-2828, EXT. 701KENT@GREATERWACOLEGALSERVICES.ORGWWW.GREATERWACOLEGALSERVICES.ORGFACEBOOK, TWITTER, INSTAGRAM