Holistic Legal Assistance Networks to Reduce Poverty: Development,

Implementation, and Efficacy

INTRODUCTION OF PANEL

Robert Barge, Executive Director, Rhode Island Legal Services, Inc.

Sandy McAlister Ambrozy, LEED AP, Senior Program Officer, the Kresge Foundation

Nora Salomon, Supervising Attorney, Rhode Island Legal Services, Inc.

Ken Smith, Ph.D., PresidentThe Resource for Great Programs, Inc.

MOVING TOWARDS HOLISTIC LEGAL SERVICES

WHAT’S OUR MOTIVATION?•Provide Access to Justice• Ensure Equal Justice•Work To End Poverty•All of the above

ALL OF THE ABOVE

“Today, many proponets of civil legal aid argue that legal services are necessary not to reduce poverty, but to expand access to justice. This dichotomy is false. An access to justice framework and an anti-poverty framework are not in conflict but complimentary.”

Alan Houseman (2014)

A MISSION TO END POVERTY

Legal Services of Northern California:

“The mission of Legal Services of Northern California is to provide quality legal services to empower the poor to identify and defeat the causes and effects of poverty within our community . . .”

Columbia Legal Services in Washington:

“Columbia Legal Services advocates for people who face injustice and poverty. We seek to achieve social and economic justice for all . . .”

Rhode Island Legal Services:

“Rhode Island Legal Services provides high quality legal assistance and representation to low-income individuals and eligible client groups for the purpose of improving their economic condition and overall wellbeing by protecting and enforcing legal rights . . .”

OTHER MISSION STATEMENTS MAY NOT USE THE WORD “POVERTY” BUT

HAVE AN ANTIPOVERTY MISSION

For more information, please see Alan Houseman’s authoritative article, “The Anti-Poverty Effects of Civil Legal Aid”

(Prepared for the Public Welfare Foundation, October 30, 2014)

POVERTY

“ . . . poverty in America is not just a lack of material goods, education and jobs; it is also a sense of helplessness, a defeatism, a lack of dignity and self-respect.”

(Edgar S. and Jean C. Cahn, “The War on Poverty: Civilian Perspective,” Yale Law Journal 73 no. 8 (July 1964): 1317-1352, 1321)

AN ANTI-POVERTY VISION REVISITED

• Edgar and Jean Cahn’s 1964 article, “The War on Poverty: A Civilian Perspective” reveals that the strategy of the war was shaped by an awareness of:

“. . . the interrelatedness of the social, economic, legal, educational, and psychological problems which beset the poor and by recognition of the necessity to involve all segments of society in a prolonged attack on these problems.”

ADOPTING A HOLISTIC APPROACH

• Focus on the legal health of the client, and identifying and addressing underlying issues that destabilize the family

• Using more community lawyering techniques• Create a holistic workgroup, and empower that unit to

move cases within the program to address various legal and social problems

• Embrace outcomes (become more outcome oriented and less output oriented)

• Collaboration with Defenders • Collaboration with interdisciplinary organizations

DIFFERENT HOLISTIC MODELS

• Holistic legal model• Holistic legal model with interdisciplinary work group• Holistic legal model with in-house social worker • Holistic interdisciplinary model with social and financial

service agencies (RILS)• Legal aid programs that provide civil and criminal

representation• Medical-legal partnerships• Comprehensive legal assistance to represent victims of

domestic violence to provide lasting protection

RILS MODEL: HOLISTIC LEGAL AND SOCIAL SERVICE NETWORK

• Work group cooperation• In-house social worker (Guide to Public Services)• Interdisciplinary partners:– Financial management and budgeting– Adult education– Employment training– Domestic violence counseling and assistance– Immigration assistance– Other legal

MAJOR OBSTACLES

EXTERNAL FORCES• Under funded• Under staffed• Under attack

INTERNAL FORCES• Identity crisis

– specialization v. generalist– impact v. service– Access to justice v. poverty– Traditional lawyering v.

community lawyering

Successful implementation of a holistic model requires financial support.

“Funders committed to improving conditions for low-income communities and people through service provision see civil legal aid as one of the most effective tools.”

Natural Allies: Philanthropy and Civil Legal Aid; 2013)

SANDY McALISTER AMBROZY: IMPORTANCE OF FOUNDATIONS

PARTNERING WITH LEGAL AID SOCIETIES

NORA SALOMON: IMPLEMENTATION OF HOLISTIC

LEGAL AND SOCIAL SERVICES NETWORKS

IMPLEMENTATION

• Recognition by the Board and staff that holistic services is an effective tool to meet an organization’s mission

• Identification of dedicated project employees• Identification of interdisciplinary community partners• Development of holistic intake• Preparation of organizational paperwork and tracking

tools• Potential obstacles

IDENTIFICATION OF SPECIFIC PROJECT EMPLOYEES AND PARTNERS

TRADITIONAL MODEL• Individual attorneys each

work on discrete legal issues• A client may have more

than one attorney, and the attorneys may work together to resolve the issues

RILS’ MODEL• Individual lawyers each work on

discrete legal issues, as coordinated by a single lawyer who becomes client’s main point of contact.

• Social worker interviews all clients to determine additional barriers to success and identify potential community partners to provide additional support

• Community partners assist client in obtaining training and other resources needed to achieve and sustain overall success.

THE HOLISTIC LAWYER

• Generalist with experience in a variety of fields, or with the willingness to learn about a variety of fields

• Willingness to converse with clients regarding the law AND other concerns

• Ability to work with agency attorneys and outside organizations

IMPORTANCE OF A SOCIAL WORKER / GUIDE TO PUBLIC SERVICES

• Identify social barriers that are interfering with legal progress

• Assess a client’s executive functioning and assist with general client organization

• Establish a rapport with clients to enhance and improve client follow-through

• Encourage clients to be proactive as opposed to reactive, and thereby empower clients

• Remain up to date on community resources to maximize opportunities for clients

CHOOSING INTERDISCIPLINARY PARTNERS (FORMAL AND INFORMAL)

• Family stability: domestic violence counseling, safety planning, special needs children

• Financial stability: financial management, budgeting, credit improvement, access to cash

• Adult education: GED, ESOL• Employment opportunities: training and the

search• Social services (informal partners): mental

health, substance abuse

PREPARATION OF ORGANIZATIONAL PAPERWORK AND TRACKING TOOLS

• Client cases remain open and follow-up continues until outcomes and stability are achieved.

• Paperwork must include: – Signed release: allow attorneys and social workers to interact with

interdisciplinary providers– Detailed and dated notes: allow different attorneys within the

organization to contact the same client; allow attorneys to easily update interdisciplinary providers regarding status

– Information for the client so he understands (and agrees) with his goals and knows who to call with problems

– Detailed information (including contact information) regarding interdisciplinary organizations that will help client overcome social hurdles to success

INTAKE PROCESS

TRADITIONAL MODEL• Thorough analysis of

discrete, self-identified legal issue

• Possible referral to other substantive units within the organization

RILS’ MODEL• Thorough analysis of discrete,

self-identified legal issue• Possible referral to other

substantive units within the organization

• Possible referral to community partners for further assistance

• Intake must be a conversation – not an interview

• Goal: engender trust with the client in order to foster an ongoing relationship

WEEKLY CASE ACCEPTANCE AND BRAINSTORMING SESSIONS

• Case acceptance and brainstorming is facilitated through weekly meetings of employees in the Consumer Debt Group, the Employment Opportunity Legal Corps, the Low Income Taxpayer Clinic and the Holistic Work Group.

OBSTACLES

• Holistic approach is time consuming• Client may discontinue contact following

immediate crisis resolution• Interdisciplinary organizations may not

understand legal services• Staff resistance• Holistic thinking requires new thinking

TIME CONSUMING: develop systems and protocols to avoid duplication of work

• Prepare a resource bank -- don’t do the same research multiple times

• Prepare a letter bank – don’t write the same letter multiple times

• Develop uniform intake and note system – make it easy for advocates to follow up with clients and community organizations

• Develop strong relationships with advocates both inside and outside the organization – cut down on red tape!

CLIENT CONTACT

• Have multiple ways to contact a client – phone, e-mail, mailing address

• Be willing to meet your client [safely] off-site• Understand that your client might be too

overwhelmed to discuss legal issues all the time; don’t be yet another source of pressure

• Recognize and reward your client’s successes, no matter how minor

INTERDISCIPLINARY ORGANIZATIONS

• Acknowledge that community organizations are not usually staffed by lawyers

• Keep the lines of communication open • Reiterate your legal capabilities• Don’t expect personnel from community

organizations to understand the law – this is not a fair burden

STAFF RESISTANCE

• Director must mandate case acceptance of holistic clients

• Holistic Work Group must attend internal meetings to obtain case referrals and foster trust

HOLISTIC THINKING REQUIRES NEW THINKING. THE ONLY WAY TO SELL PEOPLE ON THIS IS TO SHOW

THAT IT WORKS.

HOLISTIC APPROACH: DOES IT WORK?

Ken Smith