Pennsylvania SeniorLAW HelpLine: Pro Bono From Your Desk - Introduction for Volunteer Attorneys

1. 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

2. The SeniorLAW Center • Largest provider of legal services to seniors in Pennsylvania • Independent nonprofit organization • Serving over 8,000 seniors each year with: • 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)

3. 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

4. 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

5. Advantages of a Senior Legal HelpLine • 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!

6. Handling All Areas of Civil Law

7. Distribution of Calls to the Pennsylvania SeniorLAW HelpLine by Region, 7/1/2010-6/30/2011

8. Access to Justice

9. Wide Range of Legal Questions • 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?

10. Caller Satisfaction • 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!

11. 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

12. Handling Helpline Calls Part 1:Getting Started • Access HelpLine Materials: • 2012 Legal Resources Directory • Web Resources & PALAWHELP • Others files as needed • 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

13. 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 • Verify caller’s address! • Check Web Resources • Assess need for more specialized legal attention, in light of caller’s financial situation Inform about follow-up call from staff

14. 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

15. Non-legal Referrals • Mediation • Credit Counseling • State agencies (www.pa.gov is useful) • Area Agency on Aging • Doctor or social worker

16. 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)

17. “Just the facts ma’am.”

18. Interviewing Techniques • How to get to the legal issues: • 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). • 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.

19. Interviewing Techniques (cont.) • 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

20. What you May Uncover by Listening to the Senior’s Story • 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.

21. PAProbono.net • Pennsylvania’s online legal resource providing information and resources to legal advocates interested in increasing access to justice. • To join go to www.PAProbono.net  Free to use but you must be an approved member of a practice area to access materials.

22. PAProbono.net (cont.) • Tools Available in the Practice Areas:  Library  Pro Bono Case Listings  Calendar  Legal News  Listservs (Please see brochure included in your materials)

23. 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

24. Case Notes form • PLEASE COMPLETE THE FORM! • Type your notes so we can copy & paste into our case management software • PLEASE RETURN PROMPTLY! • By return email to: rsmith@seniorlawcenter.org

25. 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.

26. 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 non-profit 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

27. What if the caller does not answer? • 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!

28. Ethical Issues • PA Rule of Professional Conduct 6.1 • PA Rule of Professional Conduct 6.5 • 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?

29. Ethical Issues (cont.)Ghost Writing Allowed • 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.

30. “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

31. Top Ten HelpLine Areas of Law in Need of Volunteer Attorneys • 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

32. Contact information Bonnie Dahl, Esq. Helpline Director 215-701-3209 (direct line) bdahl@seniorlawcenter.org Raquel Smith Helpline Legal Advocate 215-701-3217 (direct line) rsmith@seniorlawcenter.org

33. Pennsylvania Bar Association • David Keller Trevaskis, Esquire • 717-571-7414 • dkt@pabar.org • Gabriele Miller-Wagner • 800-932-0311 ext 2297 • gmw@pabar.org • Check out palawhelp.org and sign up at paprobono.net