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Intake to Impact: Technology for Advocates In Case Development. TIG Conference Austin, TX January 31, 2008. What Is Our Goal In Using Information Technology In Support of Advocacy.
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Intake to Impact:Technology for Advocates In Case Development TIG Conference Austin, TX January 31, 2008
What Is Our Goal In Using Information Technology In Support of Advocacy • To most effectively and productively gather and analyze facts and law, and apply them to produce persuasive work product that achieves the best possible legal result for our clients. • “It’s all about the client” – Technology must help us improve our advocacy.
A Hypothetical Case Todd v East Ruralville School District – See separate Hypo File for Full Text of Hypo
Cast of Characters • Andy Johnson, Staff Attorney • Graduated from law school 1 year ago • 6 months experience – domestic relations & a couple of eviction cases • Abby Lincoln, Managing Attorney • 10 years in East Ruralville • Specializes in housing & public benefits
Cast of Characters • Mary Todd, client • Seeks help for divorce and custody dispute • Jeffrey Davis – Mary’s 12-year-old son • Suspended from 6th grade for hitting a teacher • Failing math class • 2 prior suspensions this year • Diagnosed as ADHD • IEP plan in place, but ineffective
Cast of Characters • Jeffrey’s father • Wants full custody of Jeffrey • Says Mary is “too easy” on Jeffrey • History of disciplining Jeffrey with a belt – no police reports • Left Mary to move in with another woman he met at work • School Principal • Filed criminal charges against Mary for destruction of school property • Has threatened to have Mary arrested for trespassing if she returns to the school
Cast of Characters • You! • Litigation Director for Big State Legal Services, an LSC-funded program with 8 offices statewide • Based in Big City, 275 miles away • Visits the East Ruralville office once every 3 months, if you’re lucky
Legal Issues • Divorce • Custody of Jeffrey = main dispute • Mary’s testimony is only evidence of physical abuse by Jeffrey’s father
Legal Issues • Medicaid denial • Evidence that Jeffrey’s behavior may be negatively influenced by a genetic blood disorder • Very expensive to treat – more than $80,000 per year • State Department of Family Assistance says the treatment is “not medically necessary”
Legal Issues • Inadequate IEP • Doesn’t do much for Jeffrey other than 2 hours per week “extra help” tutoring from grad students • Focuses on ADHD but does not deal with mood swings or violent behavior
Legal Issues • Criminal charges • Mary is facing prosecution for breaking the glass on the school principal's office door • Banned from school grounds under threat of additional charges for trespassing
Resource Issues • No local expertise • Neither Andy or Abby have ever handled an IEP case • Nearest attorney with IEP expertise is in Big City, 275 miles away • No experience with criminal cases – no local public defender’s office
Resource Issues • Case work overload • The Medicaid issue alone would require more time to litigate than either Andy or Abby have available • May be tough to win the divorce case without resolving the medical and educational issues
Step 1 - Intake • Effective Intake Systems include…. • Community presence where the clients are • Centralized telephone-based intake • Referred Within Firm to Regional Offices • Advise Only or Brief Service • Referred to Pro Bono • VOIP, telephone and Automatic Call Distribution (ACD) options • Remote agents • Area Code Tracking • Automated scripts
Online Intake • Web-based intake • Ohio example: www.legalaidline.org • Intake done by social agency partners sent directly to the CMS • Live Chat
Intake • Mobile Outreach & Remote Offices • Access increased thru Mobile Work Sites • Courthouses & Justice Centers • Social Services Dept • CBO's • Mobile IT “Platforms” • Wireless Notebook PC • Mobile Printer/copier • Scanner • High Speed Internet Access • Shared Network access @ Mobile site • Use of Remote Access systems • Citrix • Terminal Services • VPN • Telephony Aircard • Dial up
Intake for diverse clients • Multi-cultural issues • What if Mary’s family was Somalian? • Technology & cultural literacy • Multi-lingual and LEP clients
Case Acceptance • Video conferencing for case meetings • Data mining to screen for deeper issues • Logic trees and A2J interfaces • Illinois & Kent • JNANA based systems • Intake & case management systems • Developing Case Acceptance Guidelines and Business Rules
Developing The Facts • Social Networking sites: • Facebook • MySpace • Personal Search sites • Zabasearch
Developing The Facts • State Databases • School Profiles • School Breakfast /lunch numbers (gauge of poverty level) • Anna Feeney (Program Review) • No child left behind list (Adequate Yearly Progress) • School Profiles • Learning Results
Developing The Facts • Client (parent) organization websites • In-house experts • Special Ed listserv • Instant Messaging (IM) • Website (DeskRef) • Medical Websites • PubMed • WebMD • University Medical Sites • HMO sites – Kaiser’s Interactive Drug Service
Developing The Facts • Videoconferencing & web conferences • Regional brief banks • Wikis and other litigation support tools • Mobile phone & internet devices
Developing The Law • Lexis/Nexis/WestLaw/CaseMaker • State Agency Websites • Administrative hearing decisions on-line • National Backup Centers • National listservs • Statewide Website Libraries • Illinois state • Pinetree • Court and Judicial Council Web Sites • CA courtinfo.ca.gov
Developing The Law • Public Interest Law Firm sites • LSNC.NET • Academic sites: • Chicago-Kent Access To Technology Center • RSS Feeds: • How do we manage “push” information processes?
Advocacy Tools • Document Assembly Systems • National NPADO Server • Judicial Forms Programs • Content Management Systems • TIG Projects re HotDocs • Pleadings & word processing systems • Macros and templates
Advocacy Tools • Litigation • Collaborative environments: • Legal Meetings • WebEx • Basecamp extranet • Document management • E-discovery • E-filing
Litigation Management • Supervision & Professional Development • Management based on substantive expertise, not geography • On-line training resources • High quality litigation training and support
Trial or Hearing • Laptop • Projector • PowerPoint • Document camera • PDA • Cell Phone • Remote Access • Document Management Programs • Portable Printer • Email access • IM
Thanks! • Hugh Calkins hughcalkins@mac.com • Ed Marks emarks@lawolaw.org • Anthony White agwhite@baylegal.org