Intake to Impact:Intake to Impact:Technology for Technology for

Advocates In Case Advocates In Case Development Development

TIG ConferenceTIG Conference

Austin, TXAustin, TX

January 31, 2008January 31, 2008

What Is Our Goal In Using Information What Is Our Goal In Using Information

Technology In Support of AdvocacyTechnology In Support of Advocacy

To most effectively and productively To most effectively and productively gather and analyze facts and law, and gather and analyze facts and law, and apply them to produce persuasive work apply them to produce persuasive work product that achieves the best possible product that achieves the best possible legal result for our clients. legal result for our clients.

““It’s all about the client” – Technology It’s all about the client” – Technology must help us improve our advocacy.must help us improve our advocacy.

A Hypothetical CaseA Hypothetical Case

Todd v East Ruralville School Todd v East Ruralville School District – See separate Hypo File for District – See separate Hypo File for Full Text of HypoFull Text of Hypo

Cast of CharactersCast of Characters

Andy Johnson, Staff AttorneyAndy Johnson, Staff Attorney Graduated from law school 1 year agoGraduated from law school 1 year ago 6 months experience – domestic relations & 6 months experience – domestic relations &

a couple of eviction casesa couple of eviction cases

Abby Lincoln, Managing AttorneyAbby Lincoln, Managing Attorney 10 years in East Ruralville10 years in East Ruralville Specializes in housing & public benefitsSpecializes in housing & public benefits

Cast of CharactersCast of Characters Mary Todd, clientMary Todd, client

Seeks help for divorce and custody disputeSeeks help for divorce and custody dispute

Jeffrey Davis – Mary’s 12-year-old sonJeffrey Davis – Mary’s 12-year-old son Suspended from 6Suspended from 6thth grade for hitting a teacher grade for hitting a teacher Failing math classFailing math class 2 prior suspensions this year2 prior suspensions this year Diagnosed as ADHDDiagnosed as ADHD IEP plan in place, but ineffectiveIEP plan in place, but ineffective

Cast of CharactersCast of Characters Jeffrey’s fatherJeffrey’s father

Wants full custody of JeffreyWants full custody of Jeffrey Says Mary is “too easy” on JeffreySays Mary is “too easy” on Jeffrey History of disciplining Jeffrey with a belt – no History of disciplining Jeffrey with a belt – no

police reportspolice reports Left Mary to move in with another woman he Left Mary to move in with another woman he

met at workmet at work School PrincipalSchool Principal

Filed criminal charges against Mary for Filed criminal charges against Mary for destruction of school propertydestruction of school property

Has threatened to have Mary arrested for Has threatened to have Mary arrested for trespassing if she returns to the schooltrespassing if she returns to the school

Cast of CharactersCast of Characters

You!You! Litigation Director for Big State Legal Litigation Director for Big State Legal

Services, an LSC-funded program with 8 Services, an LSC-funded program with 8 offices statewideoffices statewide

Based in Big City, 275 miles awayBased in Big City, 275 miles away Visits the East Ruralville office once every 3 Visits the East Ruralville office once every 3

months, if you’re luckymonths, if you’re lucky

Legal IssuesLegal Issues

DivorceDivorce Custody of Jeffrey = main disputeCustody of Jeffrey = main dispute Mary’s testimony is only evidence of Mary’s testimony is only evidence of

physical abuse by Jeffrey’s fatherphysical abuse by Jeffrey’s father

Legal IssuesLegal Issues

Medicaid denialMedicaid denial Evidence that Jeffrey’s behavior may be Evidence that Jeffrey’s behavior may be

negatively influenced by a genetic blood negatively influenced by a genetic blood disorderdisorder

Very expensive to treat – more than $80,000 Very expensive to treat – more than $80,000 per yearper year

State Department of Family Assistance says State Department of Family Assistance says the treatment is “not medically necessary”the treatment is “not medically necessary”

Legal IssuesLegal Issues

Inadequate IEPInadequate IEP Doesn’t do much for Jeffrey other than 2 Doesn’t do much for Jeffrey other than 2

hours per week “extra help” tutoring from hours per week “extra help” tutoring from grad studentsgrad students

Focuses on ADHD but does not deal with Focuses on ADHD but does not deal with mood swings or violent behaviormood swings or violent behavior

Legal IssuesLegal Issues

Criminal chargesCriminal charges Mary is facing prosecution for breaking the Mary is facing prosecution for breaking the

glass on the school principal's office doorglass on the school principal's office door Banned from school grounds under threat of Banned from school grounds under threat of

additional charges for trespassingadditional charges for trespassing

Resource IssuesResource Issues

No local expertiseNo local expertise Neither Andy or Abby have ever handled an Neither Andy or Abby have ever handled an

IEP caseIEP case Nearest attorney with IEP expertise is in Big Nearest attorney with IEP expertise is in Big

City, 275 miles away City, 275 miles away No experience with criminal cases – no local No experience with criminal cases – no local

public defender’s officepublic defender’s office

Resource IssuesResource Issues

Case work overloadCase work overload The Medicaid issue alone would require The Medicaid issue alone would require

more time to litigate than either Andy or more time to litigate than either Andy or Abby have availableAbby have available

May be tough to win the divorce case May be tough to win the divorce case without resolving the medical and without resolving the medical and educational issueseducational issues

Step 1 - IntakeStep 1 - Intake Effective Intake Systems include….Effective Intake Systems include….

Community presence where the clients areCommunity presence where the clients are Centralized telephone-based intakeCentralized telephone-based intake

Referred Within Firm to Regional OfficesReferred Within Firm to Regional Offices Advise Only or Brief ServiceAdvise Only or Brief Service Referred to Pro BonoReferred to Pro Bono VOIP, telephone and Automatic Call Distribution VOIP, telephone and Automatic Call Distribution

(ACD) options(ACD) options Remote agentsRemote agents Area Code TrackingArea Code Tracking Automated scripts Automated scripts

Online IntakeOnline Intake Web-based intake Web-based intake Ohio example: Ohio example: www.legalaidline.orgwww.legalaidline.org

Intake done by social agency partners sent directly to the CMSIntake done by social agency partners sent directly to the CMS Live ChatLive Chat

IntakeIntake

Mobile Outreach & Remote OfficesMobile Outreach & Remote Offices Access increased thru Mobile Work SitesAccess increased thru Mobile Work Sites

Courthouses & Justice CentersCourthouses & Justice Centers Social Services DeptSocial Services Dept CBO'sCBO's

Mobile IT “Platforms”Mobile IT “Platforms” Wireless Notebook PCWireless Notebook PC Mobile Printer/copierMobile Printer/copier ScannerScanner

High Speed Internet AccessHigh Speed Internet Access Shared Network access @ Mobile siteShared Network access @ Mobile site Use of Remote Access systemsUse of Remote Access systems

CitrixCitrix Terminal ServicesTerminal Services VPNVPN

Telephony AircardTelephony Aircard Dial upDial up

Intake for diverse clientsIntake for diverse clients

Multi-cultural issues Multi-cultural issues What if Mary’s family was Somalian?What if Mary’s family was Somalian? Technology & cultural literacyTechnology & cultural literacy Multi-lingual and LEP clientsMulti-lingual and LEP clients

Case Acceptance Case Acceptance

Video conferencing for case meetingsVideo conferencing for case meetings Data mining to screen for deeper issuesData mining to screen for deeper issues Logic trees and A2J interfacesLogic trees and A2J interfaces

Illinois & KentIllinois & Kent JNANA based systemsJNANA based systems

Intake & case management systemsIntake & case management systems Developing Case Acceptance Guidelines and Developing Case Acceptance Guidelines and

Business RulesBusiness Rules

Developing The FactsDeveloping The Facts

Social Networking sites:Social Networking sites: FacebookFacebook MySpaceMySpace

Personal Search sitesPersonal Search sites ZabasearchZabasearch

Developing The FactsDeveloping The Facts

State DatabasesState Databases School ProfilesSchool Profiles School Breakfast /lunch numbers (gauge of School Breakfast /lunch numbers (gauge of

poverty level)poverty level) Anna Feeney (Program Review)Anna Feeney (Program Review) No child left behind list (Adequate Yearly No child left behind list (Adequate Yearly

Progress)Progress) School ProfilesSchool Profiles Learning ResultsLearning Results

Developing The FactsDeveloping The Facts Client (parent) organization websitesClient (parent) organization websites In-house expertsIn-house experts Special Ed listservSpecial Ed listserv Instant Messaging (IM)Instant Messaging (IM) Website (DeskRef)Website (DeskRef) Medical WebsitesMedical Websites

PubMedPubMed WebMDWebMD University Medical SitesUniversity Medical Sites HMO sites – Kaiser’s Interactive Drug ServiceHMO sites – Kaiser’s Interactive Drug Service

Developing The FactsDeveloping The Facts

Videoconferencing & web conferencesVideoconferencing & web conferences Regional brief banksRegional brief banks Wikis and other litigation support toolsWikis and other litigation support tools Mobile phone & internet devicesMobile phone & internet devices

Developing The LawDeveloping The Law

Lexis/Nexis/WestLaw/CaseMakerLexis/Nexis/WestLaw/CaseMaker State Agency WebsitesState Agency Websites

Administrative hearing decisions on-lineAdministrative hearing decisions on-line National Backup CentersNational Backup Centers National listservsNational listservs Statewide Website LibrariesStatewide Website Libraries

Illinois stateIllinois state PinetreePinetree

Court and Judicial Council Web SitesCourt and Judicial Council Web Sites CA courtinfo.ca.govCA courtinfo.ca.gov

Developing The LawDeveloping The Law

Public Interest Law Firm sitesPublic Interest Law Firm sites LSNC.NETLSNC.NET

Academic sites:Academic sites: Chicago-Kent Access To Technology CenterChicago-Kent Access To Technology Center

RSS Feeds:RSS Feeds: How do we manage “push” information How do we manage “push” information

processes?processes?

Advocacy ToolsAdvocacy Tools

Document Assembly SystemsDocument Assembly Systems National NPADO ServerNational NPADO Server Judicial Forms ProgramsJudicial Forms Programs Content Management SystemsContent Management Systems TIG Projects re HotDocsTIG Projects re HotDocs Pleadings & word processing systemsPleadings & word processing systems

Macros and templatesMacros and templates

Advocacy ToolsAdvocacy Tools

Litigation Litigation Collaborative environments:Collaborative environments:

Legal MeetingsLegal Meetings WebExWebEx Basecamp extranetBasecamp extranet

Document managementDocument management E-discoveryE-discovery E-filingE-filing

Litigation ManagementLitigation Management

Supervision & Professional Development Supervision & Professional Development Management based on substantive Management based on substantive

expertise, not geographyexpertise, not geography On-line training resourcesOn-line training resources High quality litigation training and supportHigh quality litigation training and support

Trial or HearingTrial or Hearing

LaptopLaptop ProjectorProjector PowerPointPowerPoint Document cameraDocument camera PDAPDA Cell PhoneCell Phone Remote AccessRemote Access Document Management ProgramsDocument Management Programs Portable PrinterPortable Printer Email accessEmail access IMIM

Thanks!Thanks!

Hugh Calkins Hugh Calkins hughcalkins@mac.comhughcalkins@mac.com Ed Marks Ed Marks emarks@lawolaw.orgemarks@lawolaw.org Anthony White Anthony White agwhite@baylegal.orgagwhite@baylegal.org