Transcript Micah Legal Aid

Micah Legal Aid
Volunteer Training
March 1, 2008
Welcome !
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Introductions
Clinic
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Vision and purpose
Hours: First Tuesdays, 6:30pm to 9:30pm & Third
Saturdays, 10:00am to 1:00pm
Collaboration with LAF
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Funding restrictions
Priorities
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Languages
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Conflict-checking
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Malpractice insurance
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Commitment
How MLA will work
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Call ahead or walk in
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Interview with attorney
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Receptionist as first-level screener
Get second phone number & best times to reach
Double-check immigration status
Confirm income amounts
Interview
Advise, refer, or set up intake appt for LAF
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Advise and refer on the spot, or through follow-up
Always record advice given, and check in with advisory
attorney
Interviewing clients
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Cross-cultural interviewing
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Limited resources, limited education
Diverse client base
Different expectations
Interviewing victims of domestic violence
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Language – referring to the abuser
Asking questions – follow up
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e.g. Have you ever been forced to do anything sexually?
Has it ever scared you when he’s punished the children?
Clients with multiple problems
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Multiple legal problems
Multiple non-legal problems
ASK: What do you want to happen? What do
you want us to do? How can we help you?
Why did you come today? Etc.
Common non-legal issues
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Health insurance
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AllKids, free clinics, help with prescriptions
Financial education
Emergency food, clothes, furniture
Job training or employment services
Rental assistance
Counseling and/or shelters
Legal Areas
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DV/divorce/custody
Housing
Employment or unemployment
Consumer
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Auto repossession
Utilities
Foreclosures
Family Law
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Domestic Violence
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Not just hitting – see power and control wheel
Difficulty in leaving
Safety plan
Attending to clt’s emotional needs
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Affirm, encourage, respect – she is the expert in
her own life.
Family Law
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LAF handles:
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Orders of Protection
Divorce
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Custody
Division of marital property
Child support & maintenance
Custody
Family Law
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Ask about:
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Abuse
Children
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Primary caretaker?
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For custody, many factors addressed in statute; who has
been primary caretaker carries weight
Client’s feelings regarding visitation
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Court VERY hesitant to deny a parent contact w/ kids.
Standard: best interests of child – usually abuse restricts
visitation
 Supervised visitation
 Therapeutic visitation
 Conditional visitation
Family Law
Ask about:
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Property (under either spouse’s name)
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Debts (under either spouse’s name)
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Including retirement and 401Ks
If acquired during marriage, generally considered
marital property, to be divided.
Same as property.
Client’s and spouse’s employment
Family Law
Ask about:
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Child support
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Statutory amounts: 1 child – 20% of net income; 2
children – 28%; 3 children – 32%; 4 children – 40%.
Wages can be garnished if obligor is employed.
Arrearage can be sought even after child reaches
majority.
If out of state order, must register the order in IL.
Seeking child support advice and enforcement:
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Illinois Child Support Enforcement Office, IV-D program
Cook County State’s Attorney’s Office.
Family Law
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Orders of Protection
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Purpose
Types:
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Emergency Orders
Plenary Orders
Obtaining an OP
Relief offered
 Stay away
 No contact
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Custody
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Property/Possession
Family Law
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Where to send clients:
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If there is abuse, intake at LAF
If there is no abuse, no kids, no property or
debts, LAF’s Pro Se Divorce Clinic & CARPLS
If there is no abuse but there are kids or
property or debt,
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CVLS, CLC, Kent Legal Clinic or Loyola Legal Clinic
Child support only: IV-D program
Family Law
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Client has extensive abuse history.
Unmarried and unemployed, she is
receiving state assistance. She lives apart
from her abuser, who is also the father of
her child. He comes and picks the child up
once a week or every other week. She
seeks child support.
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What to ask? How to advise? What else does
she need?
Housing Law
Private
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LL/T relationship – just two parties
Contractual lease arrangement
T is responsible for market rent
State LL/T laws and local ordinances apply, e.g.
RLTO in Chicago.
Refer to LCBH. Advise only if comfortable with
eviction law (see eviction benchbook on
www.illinoislegaladvocate.org)
Housing Law
Public
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Traditional public housing
 Governed by CHA – Chicago Housing Authority
 “the projects”
 Rent – flat or income based (30% of “adjusted
income” or 10% of gross income (whichever is
greater)).
 Termination from public housing can only occur
for good cause, e.g. nonpayment of rent, failure
to recertify, report updates income, report
changes in family composition.
Housing Law
Public
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Section 8 Housing Choice Vouchers
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Subsidy attached to T, i.e. mobility.
T gets moving papers: one year/bad housing conditions
Administered by CHAC, Inc.
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Three party relationship: LL/T/CHAC enter into Housing
Assistance Payments (HAP) contract.
All holders are bound to their Family Obligations. If
violated, holder risks losing their subsidy.
Terminations of assistance – most occur bc of
violations of Family Obligations.
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Appeals process.
Housing Law
Public
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Section 8 Project-based buildings
 Subsidy is attached to the building. Tenants
don’t have same mobility. Once out, out for
good.
 No local governing body for these buildings –
individual entities with own leases and policies.
Housing Law
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1st question: Subsidy?
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Termination of assistance (Housing choice
vouchers - CHAC)?
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If yes, likely an intake appointment at LAF
If no, advise & refer
Be aware client has 30 days in which to file informal
hearing request
Termination of tenancy (Traditional public
housing - CHA) or other complaint?
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Be aware client has limited time to file a grievance
(time period varies based on reason)
Housing Law
Legal Issues:
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Conditions – both private and public
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Repair and deduct
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Cost of repair to unit <$500 or ½ monthly rent (whichever
is greater)
T sends written notice to LL that unless LL repairs within
14 days, T will repair unit and deduct costs of repair from
rent.
Withhold rent
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T sends written notice to LL that unless LL repairs within
14 days, T will withhold from rent an amount that
reasonably reflects reduced value of unit.
Housing Law
Legal issues:
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Conditions – both private and public
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Termination of lease
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Affirmative litigation
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T sends written notice to LL that unless LL repairs within
14 days, T terminates lease. 30 days to leave unit after
notice.
T may sue LL for damages (if very serious); request
injunction enjoining LL to repair unit; and/or recover
damages as counterclaim in eviction action.
Other remedies/assistance
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311: Chicago’s non emergency hotline – for no heat, rotten
porch, sanitation issues.
LAF or LCBH
Housing Law
More Legal Issues:
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Lockout
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Takes many forms
Police must investigate
LL may be fined $200 to $500 per day and T may sue for
damages.
Proper court process
EVICTION
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Nonpayment of rent
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5-day notice & 5 days to cure
Violation of lease agreement
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10-day notice & 10 days to cure
Housing Law
More Legal Issues:
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Foreclosure based Eviction
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Right to notice and hearing before order of possession
is entered against T.
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Proper notice – if T is named as D in foreclosure action, or
named as “unknown owners” and they receive summons.
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If not, tenancy survives foreclosure and judicial sale
From time foreclosure action is filed, T has approx 7
months up to a year to get out of apt and find new one.
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Advise clt to find new place ASAP.
If Section 8 voucher holders, notify CHAC of foreclosure
action immediately to get moving papers.
Housing Law
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Homeownership
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Mortgage foreclosure
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Predatory lending and servicing
Mortgage rescue fraud
Ask whether clients would be able to afford
their home, or have a significant amount of
equity
Employment Law
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Unemployment Insurance Claims
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Claims adjudicator (appeal)
Reconsideration (appeal still in place)
Referee Hearing [LAF involvement begins]
Board of Review
Circuit Court, called Administrative Review
Action
Employment Law
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No UI if:
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Voluntary Leave
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Did client quit?
Was the cause attributable to the employer?
A reasonable attempt to resolve the problem with the
employer?
Misconduct
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Reasonable rule or policy
Client deliberately and willfully violated it
Violation was after a warning or caused harm
Employment Law
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Employment Discrimination
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Race, sex, age, religion, disability, etc.
Know Statute of Limitations!
Advice: File complaint with appropriate agency.
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If receive finding of substantial evidence from agency, LAF
may represent (intake appointment)
Retaliatory Discharge
Wage claims
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Advice: file complaint with Ill. Dept. of Labor, Wage
Claims Division (unless Migrant worker)
Consumer Law
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Auto repossession
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Scenario: The client has gone to a dealership and bought
a car (sometimes it comes with a warranty. Sometimes she
buys it “as is”). Subsequently, the car breaks down, or he
can no longer afford to make payments. She returns the
car or it gets repossessed. The dealership then sells the
car, usually for a lot less than it’s worth, and sues the client
for the deficiency.
Advice?
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When clt has bought car “as is” and now car has broken down
When clt has a warranty but the dealership will not honor it
When clt can no longer afford to keep up with loan payments
Consumer Law
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Energy bills/companies
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Scenario: The client has an unusually high utility bill and/or
has received a shutoff notice. She may just not be able to
afford to pay. He may have signed up for a service that he
thought would help cut down the cost of his utilities but got
slammed with a higher bill instead.
Advice?
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When clt’s bill is unusually high
When clt has received shutoff notice/already lost service
When clt cannot afford to pay
When clt has signed up for service that leads to higher bills
Consumer Law
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Shoddy contractor work
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Scenario: The client hires a contractor to do some
home repairs/improvement. The contractor starts
the work but does not finish or does not do the job
that was promised. The contractor may refuse to
finish or fix their mistake without the client paying
them more money. Sometimes, the contractor will
sue the client for not paying what they contracted
for.
Advice?
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If, after reviewing the contract, the client’s version of
events holds up, then we can set them up for an
appointment at LAF.
Consumer Law
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Hospital Collections
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Scenario: The client is uninsured but needs
medical services. He then gets slammed with a
bill from the hospital that he cannot afford to pay.
He may then get sued.
Advice?
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When the client gets the bill but before they get sued
When the client is being sued
Public Benefits
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LAF’s Public Benefits Hotline:
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(888) 893-5327
More information:
www.illinoislegaladvocate.org
Resources at MLA
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Internet access
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Illinois Legal Aid online
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www.illinoislegaladvocate.org
www.illinoislegalaid.org
Social service referrals
Self-help materials
Legal service agency referrals
Legal Service Agency Referrals
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Lawyer’s Committee for
Better Housing (312) 3477600
Legal Aid Bureau (312) 7389200
 Family law
Chicago Volunteer Legal
Services (312) 332-1624
 wide spectrum
Chicago Legal Clinic (773)
371-1762
 all, sliding fee scale
Access Living (312) 6402100
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CARPLS (312) 738-9200
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 Help Desk, 30 Floor,
Daley Center
Cabrini Green Legal Aid
(312) 266-1345
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housing, family,
expungement, criminal
LAF’s Public Benefits
Hotline
Equip for Equality (312)
341-0022