Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American...

67
Legal Issue Spotting Legal Issue Spotting for for Information and Information and Referral Specialists Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging [email protected]

Transcript of Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American...

Page 1: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Legal Issue Spotting for Legal Issue Spotting for Information and Referral Information and Referral

Specialists Specialists David GodfreySenior Attorney

American Bar AssociationCommission on Law and Aging

[email protected]

Page 2: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Getting to Know YouGetting to Know You

NameNameProgramProgramFromFromWork Work Something we would never know Something we would never know

about you if you didn’t tell usabout you if you didn’t tell us

Page 3: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Why Legal Issue SpottingWhy Legal Issue Spotting

Holistic view of client services Holistic view of client services It takes a village to help a clientIt takes a village to help a client

Integrated point of entry Integrated point of entry One stop shopOne stop shopIntegrated referral networksIntegrated referral networks

Page 4: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Why Legal Issue SpottingWhy Legal Issue Spotting

Treating the cause rather then the Treating the cause rather then the symptomssymptoms Many non-legal problems are caused by Many non-legal problems are caused by

underlying issues with legal solutionsunderlying issues with legal solutions Many legal problems are not obviousMany legal problems are not obvious Many people are reluctant to admit that Many people are reluctant to admit that

they have “legal problems” they have “legal problems” A pattern of problems may lead to a legal A pattern of problems may lead to a legal

problem with access to services and problem with access to services and systems systems

Page 5: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

No Man Is An Island No Man Is An Island

No one discipline has all of the No one discipline has all of the answers answers

Build referral networks for better Build referral networks for better client service client service

Diverse services Diverse services In houseIn houseReferral networksReferral networks

Formal Formal Informal Informal

Page 6: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Objectives Objectives

Develop the ability to identify Develop the ability to identify obvious and hidden legal issues obvious and hidden legal issues

Be able to identify underlying issuesBe able to identify underlying issuesLearn the basics of classifying legal Learn the basics of classifying legal

issues for appropriate referral issues for appropriate referral

Page 7: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Objectives (cont.)Objectives (cont.)

Classify the urgency of Classify the urgency of situation/when legal deadlines are situation/when legal deadlines are relevantrelevant

Understand the difference between Understand the difference between legal advice and legal information legal advice and legal information and why the distinction is importantand why the distinction is important

Page 8: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

You’ve got to help me!You’ve got to help me!Role playRole play

Page 9: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

The easy calls The easy calls

I need to talk to a lawyerI need to talk to a lawyer The other parent won’t allow me to see my The other parent won’t allow me to see my

childchild I need a divorceI need a divorce I need a Will and power of attorneyI need a Will and power of attorney I have been hurt I have been hurt I am being suedI am being sued I have been arrested I have been arrested I’m being evictedI’m being evicted

Page 10: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Are there any easy calls?Are there any easy calls?

Self identified legal problemSelf identified legal problemScreen for: Screen for:

Legal or non-legal Legal or non-legal Urgency/LegalUrgency/Legal deadlines deadlines Other non-legal needs and servicesOther non-legal needs and servicesMental Health issues Mental Health issues Eligibility for public or other benefits Eligibility for public or other benefits Classify for appropriate referral Classify for appropriate referral

Page 11: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Looking for Underlying Looking for Underlying Causes Causes

Social or health care problems that Social or health care problems that are being caused or aggravated by are being caused or aggravated by an underlying legal problem an underlying legal problem

Model: medical legal partnershipsModel: medical legal partnerships

Page 12: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Medical Legal Roots Medical Legal Roots

Example Example Chronic ear infectionsChronic ear infectionsLandlord providing intermittent heat in Landlord providing intermittent heat in

winter winter Fix the heat problem and the ear Fix the heat problem and the ear

infections become less frequent infections become less frequent

Page 13: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Non-Medical Non-Medical ExampleExample

Caller needs help with food or paying Caller needs help with food or paying utility bills. utility bills.

Standard solution is to connect with Standard solution is to connect with food or utility assistancefood or utility assistance

Holistic approach is to look for a Holistic approach is to look for a underlying or a systemic issueunderlying or a systemic issue

Page 14: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Look for problems with Look for problems with

IncomeIncomeExploitationExploitationAbuseAbuseLiving conditionsLiving conditionsDebtsDebtsThat complicate or aggravate health That complicate or aggravate health

problems or interfere with problems or interfere with independence and quality of life independence and quality of life

Page 15: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Systemic IssuesSystemic Issues

System wide pattern or practice that System wide pattern or practice that results in impairment of legal rightsresults in impairment of legal rights

Unfairly denying access to benefitsUnfairly denying access to benefits Interpretation of law or rulesInterpretation of law or rulesOffice or service access issuesOffice or service access issues Illegal discrimination Illegal discrimination

Page 16: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Possible Systemic CausesPossible Systemic Causes

Look for patterns of problems Look for patterns of problems LandlordsLandlords CourtsCourts Agencies (public and private social services)Agencies (public and private social services) Individuals Individuals

Consistently wrong answersConsistently wrong answers Denial of service Denial of service Unmet needUnmet need Disparate Treatment Disparate Treatment

Page 17: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

What are we seekingWhat are we seekingPolicy changePolicy changeManagementManagementProject developmentProject developmentRegulations and statutes Regulations and statutes Community initiativeCommunity initiativeFaith and community based Faith and community based

organizations organizations Class action Class action

Page 18: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Case Studies Case Studies

Small GroupsSmall GroupsOnly one case per group Only one case per group 15 minutes in small groups15 minutes in small groupsAnswer the questions at the end and Answer the questions at the end and

any commentsany commentsSelect a spokesperson to report Select a spokesperson to report

Page 19: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Looking for hidden issues Looking for hidden issues

Problems come in clustersProblems come in clustersPeople seek help for the most recent People seek help for the most recent

or most pressing problem or most pressing problem

Page 20: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Screening QuestionsScreening Questions

IncomeIncomeAssetsAssetsWhat are they spending their money onWhat are they spending their money on

Detail is importantDetail is importantChanges in personal and household Changes in personal and household

incomeincomeChanges in family statusChanges in family statusAsk aboutAsk about at debts – mortgage issues at debts – mortgage issues

Page 21: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Why Money?Why Money?

Are they entitled to: Are they entitled to: IncomeIncomeBenefitsBenefitsAssistanceAssistance

Are they being exploited?Are they being exploited?

Page 22: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Income ScreeningIncome ScreeningMay be entitled to benefits May be entitled to benefits

SSI (disabled and household income below SSI (disabled and household income below limits)limits) Single $674 Couple $1011Single $674 Couple $1011 Minimal savings Minimal savings

SSDI (past work history, recently became SSDI (past work history, recently became permanently and totally unable to work) permanently and totally unable to work) Under age 62Under age 62 Must have worked in covered employmentMust have worked in covered employment Rules have changed on how long they must Rules have changed on how long they must

have worked have worked AndAnd How recently they must have worked How recently they must have worked

Page 23: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Child Support (biological parent not living Child Support (biological parent not living with child) with child) Minor child in homeMinor child in home Uncollected past support Uncollected past support

Medicare Savings Plans (QMB, SLMB) Medicare Savings Plans (QMB, SLMB) (income and assets)(income and assets) $866.67/ $1,166.67 $866.67/ $1,166.67 $1,040 / $1,400 $1,040 / $1,400

Food Stamps (supplemental nutritional Food Stamps (supplemental nutritional assistance Program SNAP)assistance Program SNAP)

Access Florida Access Florida

Page 24: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Housing assistance (various age or Housing assistance (various age or disability plus income &asset limits)disability plus income &asset limits)

Utility Assistance (age, disability plus Utility Assistance (age, disability plus low income & assets) low income & assets)

Home repair (various age, disability, Home repair (various age, disability, income and assets)income and assets)

Page 25: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Tax Exemptions Tax Exemptions

Tax exemptions, credits, deferrals (age, Tax exemptions, credits, deferrals (age, disability) disability)

State law entitles you to apply for an State law entitles you to apply for an additional exemption as a widow/widower. additional exemption as a widow/widower. Certain specified medical disabilities may Certain specified medical disabilities may also qualify for an additional exemption. also qualify for an additional exemption.

In addition, residents 65 and over whose In addition, residents 65 and over whose adjusted household income is in adjusted household income is in compliance with Florida Law (Section compliance with Florida Law (Section 196.075) may apply for an additional 196.075) may apply for an additional senior's exemption. senior's exemption.

Page 26: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Pensions Pensions Work history – past efforts to collectWork history – past efforts to collectEmployers gone out of business, Employers gone out of business,

merged, changed names merged, changed names Surviving spouseSurviving spouse

Lost benefits (SSI, SSDI, Medicaid)Lost benefits (SSI, SSDI, Medicaid)Have benefits been terminated or Have benefits been terminated or

reducedreducedExamine the reason why they were lost Examine the reason why they were lost

or reduced or reduced

Page 27: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Home Equity Conversion Home Equity Conversion Mortgage Mortgage

Reverse mortgageReverse mortgageAt least age 62At least age 62Significant equity in home (worth at Significant equity in home (worth at

least 1/3 more then is owed on it) least 1/3 more then is owed on it) Counsel to assure that this is a relatively Counsel to assure that this is a relatively

long term solution long term solution

Page 28: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Status of applicationsStatus of applicationsHave they applied? Have they applied?

No:No: Are they likely to be Are they likely to be

eligibleeligible Do they need help Do they need help

applyingapplying Is there an underlying Is there an underlying

issue that needs to be issue that needs to be resolved before they resolved before they can applycan apply

Barriers to applying Barriers to applying

YesYes What is the statusWhat is the status Is there something Is there something

missingmissing Have they been Have they been

denieddenied If so whyIf so why Might there be a legal Might there be a legal

solution to the reason solution to the reason for the denial for the denial

Can the facts be Can the facts be restructuredrestructured

Look for patterns of problems

Page 29: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

BreakBreak

Page 30: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

DebtsDebts

Car loansCar loansMortgages Mortgages Default balances Default balances Credits cardsCredits cardsStudent loansStudent loans Judgments or collections Judgments or collections

Page 31: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Can they take away my Can they take away my income?income?

Garnishment of incomeGarnishment of incomeExemptions SSA, SSI, Federal Pensions Exemptions SSA, SSI, Federal Pensions Exception: Debts owed to the Federal Exception: Debts owed to the Federal

GovernmentGovernmentBut, even then there are limits But, even then there are limits Bank accountsBank accountsIf they have received a notice of If they have received a notice of

garnishment action is time critical garnishment action is time critical URGENT URGENT

Page 32: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Other debts issues Other debts issues

Co-signed loansCo-signed loansStudent loansStudent loansCar loansCar loansPersonal loansPersonal loansMortgages Mortgages

Debts of a deceased spouseDebts of a deceased spouseWhat name is it in, did the deceased What name is it in, did the deceased

own anything at the time of death own anything at the time of death Term life insuranceTerm life insurance

Page 33: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Should they file Bankruptcy Should they file Bankruptcy

Is there any other reasonable way that they Is there any other reasonable way that they can repay the debts?can repay the debts?

If not:If not: Would they be able to repay all debts within Would they be able to repay all debts within

5 years?5 years? Or Or Lower income cancel all debts and start Lower income cancel all debts and start

over over Higher income, partial cancellation of debtsHigher income, partial cancellation of debts BR exemptions are state specific and vary BR exemptions are state specific and vary

dramatically from state to state. dramatically from state to state.

Page 34: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Consumer styles: Seeking Consumer styles: Seeking HelpHelp

Seek help to make good decisions to Seek help to make good decisions to avoid problemsavoid problems

Seek help when they have a problemSeek help when they have a problemSeek help only in a moment of crisisSeek help only in a moment of crisis

Page 35: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

The Boy Who Cried Wolf                  There once was a shepherd boy who was bored as he sat on the hillside watching the village sheep. To amuse himself he took a great breath and sang out, "Wolf! Wolf! The Wolf is chasing the sheep!" The villagers came running up the hill to help the boy drive the wolf away. But when they arrived at the top of the hill, they found no wolf. The boy laughed at the sight of their angry faces. "Don't cry 'wolf', shepherd boy," said the villagers, "when there's no wolf!" They went grumbling back down the hill. Later, the boy sang out again, "Wolf! Wolf! The wolf is chasing the sheep!" To his naughty delight, he watched the villagers run up the hill to help him drive the wolf away. When the villagers saw no wolf they sternly said, "Save your frightened song for when there is really something wrong! Don't cry 'wolf' when there is NO wolf!" But the boy just grinned and watched them go grumbling down the hill once more. Later, he saw a REAL wolf prowling about his flock. Alarmed, he leaped to his feet and sang out as loudly as he could, "Wolf! Wolf!" But the villagers thought he was trying to fool them again, and so they didn't come. At sunset, everyone wondered why the shepherd boy hadn't returned to the village with their sheep. They went up the hill to find the boy. They found him weeping. "There really was a wolf here! The flock has scattered! I cried out, "Wolf!" Why didn't you come?" An old man tried to comfort the boy as they walked back to the village. "We'll help you look for the lost sheep in the morning," he said, putting his arm around the youth, "Nobody believes a liar...even when he is telling the truth!"

Page 36: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Frequent Flyer Club Frequent Flyer Club Is the caller crying “wolf”?Is the caller crying “wolf”?

Don’t Make AssumptionsDon’t Make Assumptions Listen with an open mindListen with an open mind Use “active listening” techniquesUse “active listening” techniques Ask probing questionsAsk probing questions Identify/test caller’s ultimate goalIdentify/test caller’s ultimate goal Use inclusive rather than exclusive mind set Use inclusive rather than exclusive mind set

(i.e. is there some way I can help this (i.e. is there some way I can help this person?)person?)

If necessary, use de-escalation and focusing If necessary, use de-escalation and focusing toolstools

Page 37: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

With a Frequent Flyer Look With a Frequent Flyer Look For For

New issue that you can help with New issue that you can help with Change in circumstancesChange in circumstances Is underlying problem still unresolvedIs underlying problem still unresolved If irresolvable, counselingIf irresolvable, counseling

When to fire the client When to fire the client

Page 38: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Urgent Urgent

If they don’t get help within 24-72 If they don’t get help within 24-72 hours:hours:The caller will lose legal rights or options The caller will lose legal rights or options

oror

The caller’s health and safety are at The caller’s health and safety are at imminent risk of harm imminent risk of harm

Page 39: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Urgency / Emergencies Urgency / Emergencies

Has recently received notice that Has recently received notice that they are being suedthey are being sued

Has a pending court appearance, Has a pending court appearance, summons or subpoena summons or subpoena

Has a notice of sale or garnishment Has a notice of sale or garnishment

Page 40: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Domestic ViolenceDomestic ViolenceCaregiver neglectCaregiver neglectSelf NeglectSelf NeglectPhysical abusePhysical abuseActive financial exploitationActive financial exploitation

Page 41: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Urgency / Emergency Urgency / Emergency

Notice of discharge from health careNotice of discharge from health care

Has lost case and wants to know Has lost case and wants to know what’s next (limited time to appeal) what’s next (limited time to appeal)

Has a notice to vacate housingHas a notice to vacate housing

Page 42: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Urgencies (continued)Urgencies (continued)

Caller has been threatened with:Caller has been threatened with:Eviction, locks changed, unable to live in Eviction, locks changed, unable to live in

apartment or home due to conditionsapartment or home due to conditionsUtilities being shut off/already offUtilities being shut off/already offBenefits being reduced/informal Benefits being reduced/informal

“conference” scheduled / Medicaid, food “conference” scheduled / Medicaid, food stamps, SSI termination notices stamps, SSI termination notices

(Talk to providers about what (Talk to providers about what emergency responses are available-emergency responses are available-document unmet need) document unmet need)

Page 43: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Other Urgent MattersOther Urgent Matters

Unable to access essential services Unable to access essential services If “door to door” phone solicitation sale If “door to door” phone solicitation sale

was made within 2-3 days (varies by state) was made within 2-3 days (varies by state) If client unable to be contacted later If client unable to be contacted later

safely-calling on sly, from a phone booth, safely-calling on sly, from a phone booth, etc.etc.

Client extremely ill and needs planning Client extremely ill and needs planning docs (hospice patients) docs (hospice patients)

Stopping caller from action with Stopping caller from action with unintended legal consequences (for unintended legal consequences (for example transfer of assets)example transfer of assets)

Page 44: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Abuse Neglect and Abuse Neglect and ExploitationExploitation

Relative/caregiver taking moneyRelative/caregiver taking moneyCaller fearful of relative or caregiverCaller fearful of relative or caregiverCaller threatened with eviction Caller threatened with eviction

because of condition of homebecause of condition of homeGuardianship has been filed or is being Guardianship has been filed or is being

considered considered Caller being urged to sign legal Caller being urged to sign legal

documents against will (DON’T SIGN documents against will (DON’T SIGN ANYTHING!)ANYTHING!)

Page 45: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Red FlagsRed Flags

The following are “Red Flags”The following are “Red Flags”Property transfers contemplatedProperty transfers contemplatedSuit or court papers receivedSuit or court papers receivedLoss of home or benefitsLoss of home or benefitsConcern for safety expressedConcern for safety expressedCredit “Repair”Credit “Repair”Home loans/short-term loansHome loans/short-term loansHome as securityHome as security

Page 46: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Find Out About Deadlines Find Out About Deadlines

Start by reading the paperworkStart by reading the paperwork Filing an answer to a lawsuit Filing an answer to a lawsuit Appealing an administrative decisionAppealing an administrative decision Appealing a garnishment or attachmentAppealing a garnishment or attachment In home sales (check your state)In home sales (check your state)

Contesting a credit card charge (30-60 days) Contesting a credit card charge (30-60 days) Filing a lawsuit (shortest is about 6 months)Filing a lawsuit (shortest is about 6 months)

Page 47: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Time is a FactorTime is a Factorbut not Legally Urgent but not Legally Urgent

When:When:Debt collectors callingDebt collectors callingCaller lost job due to discrimination/non-Caller lost job due to discrimination/non-

accommodationaccommodationCaller unable to make mortgage paymentsCaller unable to make mortgage payments EOB for Medicare services not receivedEOB for Medicare services not receivedUnauthorized charges on accounts (ID Theft) Unauthorized charges on accounts (ID Theft)

(Triage advice: call (Triage advice: call andand send written notice send written notice to creditor immediately) to creditor immediately)

Grandchildren in need of care or servicesGrandchildren in need of care or servicesMedicaid long term care asset issues, (Do Medicaid long term care asset issues, (Do

not apply, spend money or transfer assets not apply, spend money or transfer assets until you get advice) until you get advice)

Page 48: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Not UrgentNot Urgent

Wants to file a legal action Wants to file a legal action (except statute of limitations)(except statute of limitations)

Case is pending, taking too long, tired of Case is pending, taking too long, tired of waitingwaiting

Needs money, housing, benefits (except Needs money, housing, benefits (except homelessness and emergency food, or homelessness and emergency food, or prescriptions)prescriptions)

Angry or upset with _______X________Angry or upset with _______X________ Something that happened many years ago Something that happened many years ago

with no recent change of circumstanceswith no recent change of circumstances

Page 49: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Caller may feel urgent Caller may feel urgent

May not need immediate action May not need immediate action situations that are distressing for client/caller, situations that are distressing for client/caller,

but can safely be handled when time permitsbut can safely be handled when time permits Situations that involve planningSituations that involve planning Initial application for benefitsInitial application for benefits Changes to current legal arrangementsChanges to current legal arrangements Concerns about consumer services where Concerns about consumer services where

initial complaint has been made initial complaint has been made Bills for a deceased relativeBills for a deceased relative Cases where time is not a factorCases where time is not a factor

Page 50: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Difference Between Important Difference Between Important /Urgency and Legal Urgency/Urgency and Legal Urgency

Time is a factor but case not legally urgent Time is a factor but case not legally urgent See examples aboveSee examples above

Legal Urgency is:Legal Urgency is: Determined by statutes of limitation and Determined by statutes of limitation and

procedural rulesprocedural rules Where filing appeal may preserve benefits Where filing appeal may preserve benefits

while case under reviewwhile case under review To prevent irreparable harm to client (protect To prevent irreparable harm to client (protect

housing, health or safety)housing, health or safety)

Page 51: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Emergency Services Emergency Services Plan in advance with providersPlan in advance with providersKnow the capacity of the providerKnow the capacity of the providerUnder promise and over deliverUnder promise and over deliverKnow how to get past the gatekeeper Know how to get past the gatekeeper

Page 52: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Safety Plan Safety Plan

Where can you Where can you send a client in send a client in crisiscrisis

FriendsFriends Family Family Community Community

resources resources

KeysKeys Cash / bank accessCash / bank access Credit CardsCredit Cards PrescriptionsPrescriptions Medical needsMedical needs Clothes Clothes TransportationTransportation IdentificationIdentification Safe place to stay Safe place to stay

Page 53: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Intersection of Legal and Social Intersection of Legal and Social Issues Issues

Legal and non-legal needsLegal and non-legal needs Intertwined Intertwined OverlappingOverlappingMore than one answer More than one answer

Page 54: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Other needs and servicesOther needs and services

What else is happening in this What else is happening in this person’s life that you might address?person’s life that you might address?

Be holistic Be holistic Social Social Mental Mental PhysicalPhysicalLegal Legal Financial Financial

Page 55: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Teasing it out:Teasing it out:Some Questions to AskSome Questions to Ask

When did this happen?When did this happen?Timing is very importantTiming is very important

Have you received something from Have you received something from anyone? (they may not tell you) anyone? (they may not tell you) When When DatedDatedLooking for mail, notices hand delivered Looking for mail, notices hand delivered

or left on dooror left on doorAre you worried about your safety?Are you worried about your safety?

Page 56: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Questions to askQuestions to ask

Is someone threatening you? Is someone threatening you? Who, how, when in what way? Who, how, when in what way?

Has there been a change in income, health Has there been a change in income, health care coverage, housingcare coverage, housing You are looking for a termination of reduction in a You are looking for a termination of reduction in a

benefit?benefit? Change in family status?Change in family status?

Loss of a spouse may result in loss of incomeLoss of a spouse may result in loss of income Marriage or someone moving in to live with the Marriage or someone moving in to live with the

clientclient New child or child leaving homeNew child or child leaving home

Page 57: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Other Issues to AddressOther Issues to Address

Identifying the clientIdentifying the client Third party callers or concernsThird party callers or concerns On a referral who will the provider talk On a referral who will the provider talk

to to What if both are eligible for servicesWhat if both are eligible for services

Identifying adverse parties Identifying adverse parties (guardianship cases, public housing (guardianship cases, public housing disputes w/other residents) disputes w/other residents)

Page 58: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Getting a Client Help from a Getting a Client Help from a Legal Provider or AgencyLegal Provider or Agency

Referral/Warm handoffReferral/Warm handoffConference callConference callLet me have them call youLet me have them call youCold referral – call this number for help Cold referral – call this number for help

Following Up Following Up Role Confidentiality plays for Legal Role Confidentiality plays for Legal

ProvidersProvidersUpdate handoff protocol where neededUpdate handoff protocol where needed

Page 59: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Legal Advice and Legal Legal Advice and Legal Information Information

Legal Information:Legal Information: Not fact specificNot fact specific Definitions Definitions NOTNOT interpretations (what the law interpretations (what the law

says, not what it means)says, not what it means) Examples of forms –not which form to useExamples of forms –not which form to use Questions about forms-not completing them for Questions about forms-not completing them for

someonesomeone How court works- what is involved-not how court How court works- what is involved-not how court

will rulewill rule General referrals-not specific recommendationsGeneral referrals-not specific recommendationsAnyone can distribute legal Anyone can distribute legal

informationinformation

Page 60: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Sources of Legal InformationSources of Legal Information

Senior Citizens HandbooksSenior Citizens Handbooks Often sponsored by bar associationOften sponsored by bar association Available in most statesAvailable in most states

Civil legal services websitesCivil legal services websites All states have themAll states have them Usually sponsored by Legal Services, Legal Aid Usually sponsored by Legal Services, Legal Aid

or Pro Bono, title IIIb providers or Pro Bono, title IIIb providers Low income information and usually 60+ Low income information and usually 60+

section section Check to see when page last updatedCheck to see when page last updated

Page 61: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Legal AdviceLegal Advice

Legal Advice:Legal Advice:Is fact specificIs fact specificInvolves judgment or interpretationInvolves judgment or interpretationAnswers question of “what should I do?”Answers question of “what should I do?”Includes recommendations about legal Includes recommendations about legal

course of actioncourse of actionIncludes performing legal researchIncludes performing legal researchLeads caller to think they are being Leads caller to think they are being

represented by lawyerrepresented by lawyer

Page 62: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

ReferralsReferrals

Legal HotlineLegal Hotline Understanding Legal Referral Protocols Understanding Legal Referral Protocols

Understand what kinds of cases they will takeUnderstand what kinds of cases they will take Client eligibility rulesClient eligibility rules Intake procedures for new clientsIntake procedures for new clients What, how, when and whereWhat, how, when and where Who will they talk toWho will they talk to Ways to avoid client bounce/assure help is Ways to avoid client bounce/assure help is

receivedreceived Share info about unmet legal needs/lack of good Share info about unmet legal needs/lack of good

referralsreferrals

Page 63: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

How to network with legal How to network with legal service providers service providers

Title IIIbTitle IIIbLSCLSCOther non-profits Other non-profits

Cross trainingCross trainingProgram visits Program visits Formal v. informal referral Formal v. informal referral

agreements agreements

Page 64: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Tips for working with lawyers Tips for working with lawyers

Open the conversation with the legal issueOpen the conversation with the legal issue Facts are vitalFacts are vital Mental Capacity is importantMental Capacity is important Health and social status have limited Health and social status have limited

relevance relevance

Can only talk to one person about each Can only talk to one person about each legal situation legal situation

If they talk to both sides, they may not be If they talk to both sides, they may not be able to help either side able to help either side

Fighters not referees Fighters not referees

Page 65: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Public Benefits Screening Public Benefits Screening tools tools

http://www.dcf.state.fl.us/ess/http://www.dcf.state.fl.us/ess/

www.aarp.org/quicklinkwww.aarp.org/quicklink

http://http://www.benefitscheckup.orgwww.benefitscheckup.org//

http://www.govbenefits.gov/govbenefits_ehttp://www.govbenefits.gov/govbenefits_en.portaln.portal

www.SSA.govwww.SSA.gov

Page 66: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Moving forward Moving forward

Identify legal service providersIdentify legal service providersBuild relationships with themBuild relationships with themLearn what kinds of issues and clients Learn what kinds of issues and clients

they can helpthey can helpCollaborate on training intake and Collaborate on training intake and

referral staff (using this as a starting referral staff (using this as a starting point)point)

Cross trainCross trainUse a holistic approach Use a holistic approach

Page 67: Legal Issue Spotting for Information and Referral Specialists David Godfrey Senior Attorney American Bar Association Commission on Law and Aging Godfreyd@staff.abanet.org.

Thank You!Thank You!

There is no place like home