Transcript Pennsylvania SeniorLAW Helpline

Providing Legal Services Through the
Pennsylvania SeniorLAW HelpLine:
“Pro Bono From Your Desk”
An Introduction for Volunteer Attorneys
David Keller Trevaskis, Esq.
PBA Pro Bono Coordinator
The SeniorLAW Center
 Largest provider of legal services to seniors in
Pennsylvania
 Independent nonprofit organization
 Serving over 8,000 seniors each year with:
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direct individual representation
legal advice, information and referral services
community legal education
professional training
systemic reform and advocacy
 Legal staff and pro bono panel
 Celebrating over 30 Years of Service (1978-2012)
Needs of Pennsylvania Seniors
 2.4 million older adults in Pennsylvania
 67 counties with great geographical contrasts
and need
 Growing groups of linguistic and cultural
minority elders in Pennsylvania need focused
and accessible services
Pennsylvania SeniorLAW HelpLine
 No income guidelines, no fees
 Reaching all areas of the state
 Legal advice, counseling, information and
referrals
(HelpLine procedure does not allow volunteer attorneys to
refer to individual attorneys or themselves for direct
representation)
 Holistic assessment of seniors’ needs
 Interpretation available in 150 languages
Advantages of a Senior Legal
HelpLine
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Cost-effective & efficient
Streamlined & seamless gateway to Title III-B providers
& other OAA programs
Specialized training allows for targeted & accurate
referral
State-specific legal expertise
Identification of benefits eligibility
Greater reach to rural/homebound/lacking in
transportation
Staffed to reach non-English speaking populations
It’s the legal service most requested by seniors!
Handling All Areas of Civil Law
Distribution of Calls to
the Pennsylvania SeniorLAW HelpLine by Region,
7/1/2010-6/30/2011
Access to Justice
Wide Range of Legal Questions
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What is the difference between a will and a living
will?
I paid a contractor to repair my roof and it still
leaks. What can I do?
What rights do I have to visit my grandchildren?
My husband just went into a nursing home. Will I
lose my house?
I co-signed a car loan for my grandson and he
stopped paying. Am I responsible?
My landlord says I have to move out by the end of
the month. Can he do that?
I inherited some money when my brother died. Do
I have to pay taxes on it?
Caller Satisfaction
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You’ve been a tremendous help!
You gave me peace of mind.
You were very knowledgeable and you gave
me the information I was looking for.
This helps me feel more confident.
I appreciate all the time you spent and I think
your service is wonderful.
Keep up the good work!
Intake
Intake: M-T-W-Th, 10 a.m. – 2 p.m.
 Screening for eligibility
 Scheduling “appointment” with an
attorney, within a 3-day window
 Email case notes to pro bono attorneys
with the legal issue(s) and appointment
date
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Handling Helpline Calls Part 1:
Getting Started
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Access HelpLine Materials:
– 2012 Legal Resources Directory
– Web Resources & PALAWHELP
– Others files as needed
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Introduction and Disclaimer
DISCLAIMER: limited representation
STATEMENT ABOUT LIMITING SCOPE OF RELATIONSHIP:
Before we begin, I need to say that we are here to give you legal
information and advice, if possible. However, we cannot handle
a legal matter for you, but if you need an attorney to handle a
legal matter (such as representing you in court), we probably
can give you a referral. We, of course, will keep this call
confidential and anything that is said we keep in strict
confidence in terms of your identity.
Elicit additional information needed to address caller’s concern
Handling Helpline Calls Part 2:
Legal Counseling
Provide general information and/or specific
advice IN PLAIN ENGLISH
 Offer to send (or email) educational
materials, if appropriate
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– Verify caller’s address!
– Check Web Resources
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Assess need for more specialized legal
attention, in light of caller’s financial situation
Inform about follow-up call from staff
Handling Helpline Calls Part 3:
Making quality referrals
Consult Legal Resources Directory
Scroll down to caller’s county
Also check state-wide listing at end of directory (by
topic & agency)
 Be aware of limitations of referral sources (see
poverty guidelines)
 Provide additional resources if low-income
 Phila Bar Association Modest Means Program
 Consumer Bankruptcy Assistance Program
· Notify Helpline staff who will then make
referral
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Non-legal Referrals
Mediation
 Credit Counseling
 State agencies (www.pa.gov is useful)
 Area Agency on Aging
 Doctor or social worker
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A typical call: “I am being sued
by Creditor X. What should I do?”
Is the caller getting collection letters?
 What is the status of the “lawsuit”?
 Is caller judgment proof?
 Explain possible courses of action and
possible outcomes
 IF APPROPRIATE: refer to CCCS, Legal
Services, or county bar (for lawyer
referral)
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“Just the facts ma’am.”
Interviewing Techniques
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How to get to the legal issues:
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1. Start off the conversation with the information your already
have (e.g. Hello Mr. Doe. I understand you have debt you
cannot pay and you are getting collection letters from your
creditors. I need to ask you some questions so I can advise you
on your legal issue) (By starting with the facts you know and
following up with questions right after often results in the senior
staying on track with the legal issue).
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2. Listen respectfully and patiently to a brief portion of the
senior's story, or as much as you feel necessary. This is
important because often when the senior is telling their story,
many other legal, as well as non-legal issues will be uncovered
that you can provide information, advice and referrals on.
Listening to the senior also helps foster a good
relationship with the senior.
Interviewing Techniques (cont.)
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3. Try to quickly find a point in the story to
voice your concern and then re-direct to
asking the specific questions you need to get
to the legal issue(s).
 4. The senior may, and often does veer off
again into legally irrelevant facts, but it is
important to remain patient, yet as quickly as
possible try to get them back on track
What you May Uncover by Listening to the
Senior’s Story
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Senior cannot pay his debts since his son moved in
with him.
His son has been taking his credit cards and check
book to make purchases and write checks.
When the senior confronts his son, his son will grab
him and shake him and tells him he will put him into
a nursing home.
Senior has asked his son to leave but he won’t.
PAProbono.net
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Pennsylvania’s online legal resource
providing information and resources to legal
advocates interested in increasing access to
justice.
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To join go to www.PAProbono.net
 Free to use but you must be an
approved member of a practice area to
access materials.
PAProbono.net (cont.)
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Tools Available in the Practice Areas:
 Library
 Pro Bono Case Listings
 Calendar
 Legal News
 Listservs
(Please see brochure included in your
materials)
What if the caller has a question
you cannot answer?
Explain that you do not have expertise
in that area
 Offer to have Helpline call them back in
a day or two
 Make a note in the “Case Notes” box
 Let us know ASAP
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Case Notes form
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PLEASE COMPLETE THE FORM!
– Type your notes so we can copy & paste
into our case management software
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PLEASE RETURN PROMPTLY!
– By return email to:
[email protected]
Completing the form Part 1:
General Information
Closing notes: Briefly indicate what you
told the caller (in case they call back).
 Research: If you spent any time before
the call, or called the senior back after
researching issue, count your time here.
For 0-15 minutes, indicate 15 minutes.
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Completing the form Part 2:
End-of-call questions
Explain that we like to survey callers for
our records (or for funders: good
opportunity to educate about our nonprofit status!)
 Get email address if caller would like to
receive our e-news, which contains
information about legal issues that
affect senior citizens in Pennsylvania
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What if the caller does not
answer?
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Leave a message:
– Invite them to call the Helpline
– Provide our TOLL-FREE NUMBER (on case
notes form)
– Speak slowly and REPEAT!
– Write down the time you called in “Notes”
area under your name
If no answering machine:
– Make two attempts
– Write down times you called
Let us know ASAP!
Ethical Issues
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PA Rule of Professional Conduct 6.1
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PA Rule of Professional Conduct 6.5
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SeniorLAW Center Confidentiality Policy
Rule 1.6: A lawyer shall not reveal information
relating to representation of a client unless the client
consents after consultation. (SLC Policy for more
details)
 Always ask and remember: who is the client?
Ethical Issues (cont.)
Ghost Writing Allowed
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Ghost Writers in Disguise: You Can Come Out Now
No, we’re not talking about Stephen King, but about the ABA Standing Committee on Ethics
and Professional Responsibility, which issued Formal Opinion No. 07-446 on May 5, 2007
regarding the practice of “ghost writing,” or writing legal pleadings and papers to be filed or
used by clients proceeding pro se. The Committee concludes,
A lawyer may provide legal assistance to litigants appearing before tribunals "pro se" and
help them prepare written submissions without disclosing or ensuring the disclosure of the
nature or extent of such assistance.
The Committee noted that such assistance is a common form of “unbundled” legal services.
The Committee devotes some time to discussing the question of whether the lawyer’s
participation in the drafting of such documents must be disclosed to the court. The
Committee notes that there is a divergence of state opinions on the subject, as well as an
inconsistent view expressed in ABA Informal Opinion 1414 (1978), which was based on the
prior Code of Professional Responsibility. The Committee concludes, however, that
disclosure is not required unless, under the circumstances of the case, the lawyer’s
involvement would be a material factor such that failure to disclose would violate Rule 1.2(d)
[assisting a client in fraudulent conduct], 3.3(b) [candor toward tribunals], 4.1(b) [avoiding
fraud by client], or 8.4(c) [dishonesty, fraud, deceit, or misrepresentation]. The Committee
stresses that this would only be an issue if the facts of the case made the origin of the
document material; it does not find that the drafting of the documents or counseling the pro
se litigant inherently violates any of these rules.
“I can’t afford an attorney.”
Legal Services and its limitations
 Pro bono services
 Pro se services (county courts)
 Low fee plans
 Title III providers (AAA)
 Mediation
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Top Ten HelpLine Areas of Law in
Need of Volunteer Attorneys
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Auto dealerships
Bankruptcy
Code enforcement violations
Collections
Condominiums
Medicaid estate planning – Estate Recovery
Neighbor disputes (trees, fences, dogs)
Reverse mortgages
Time shares
Trusts
Contractor issues
Warranty issues
Family law
Contact information
Bonnie Dahl, Esq.
Helpline Director
215-701-3209 (direct line)
[email protected]
Raquel Smith
Helpline Legal Advocate
215-701-3217 (direct line)
[email protected]
Pennsylvania Bar Association
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David Keller Trevaskis, Esquire
– 717-571-7414
– [email protected]
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Gabriele Miller-Wagner
– 800-932-0311 ext 2297
– [email protected]
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Check out palawhelp.org and sign up at
paprobono.net