the top pro bono needs in virginia, 2016: a survey by the · 2018. 4. 4. · in january 2016, the...

In January 2016, the VBA Pro Bono Council’s Committee on Unmet Needs asked executive directors and program leaders of 37 nonprofit legal providers in Virginia to take part in a survey identifying Virginia’s top needs, by type of case, for pro bono assistance from the private bar. Eight local direct-service legal aid programs and 10 other nonprofit legal providers responded; they indicated that they had placed 5,202 cases in 2015, but could have placed 9,300 with more pro bono volunteers. Note that this gap of 4,100 cases does not describe the total additional pro bono need in Virginia, just the number of additional cases that could have been placed by the current providers using current staff. On this page, in descending order of need, are the top 10 statewide pro bono needs identified by providers; some providers serve hundreds of clients with pro bono volunteers each year and would like to serve hundreds more, while some small providers serve dozens and would like to serve dozens more. The Top Ten include those that received the most provider votes for “strong need.” Following this page is a full list of all needs identified, in order of strength of need, and a list of all participating providers, their contact information, the needs that each listed as “strong,” and additional comments. The survey also rated the relative level of client demand, time needed, and complexity for each case type, and those results are included in the Top Ten and the full list of needs. The lists are starting points for understanding of the types of legal problems most often faced by low-income Virginians for which providers need help from the private bar. To learn more about volunteer opportunities and get involved, please contact the providers directly, and visit vba.org/page/pro_bono_council, probono.net/va/ and vsb.org/site/pro_bono/resources-for-attorneys.

Rank Case Type Level of Demand in Client Population Relative Time Needed Relative Level of Complexity

1. Private Landlord/Tenant Medium but needed by many providers Low Low 2. Divorce/Separation/Annulment High Varies Low 3. Custody/visitation High High Low 4. Wills/Estates Medium Low Low 5. Advance directives/ POAs Medium Low Low 6. Bankruptcy/ debtor relief Medium Low Medium 7. Adult guardianship/conservator Low Low Low 8. Domestic abuse Medium Low Low 9. Collection (inc. repo/garn) High Low Low 10. Support Medium Low Low

Survey editor: David Neumeyer, [email protected]

The Top Pro Bono Needs in Virginia, 2016: A Survey by the

http://www.vba.org/page/pro_bono_council

http://www.probono.net/va/

http://www.vsb.org/site/pro_bono/resources-for-attorneys

Virginia Pro Bono Case Needs* 2016Strong

need by your

program

Weighted Strong

Medium need by

your program

Weighted Medium

Total of weighted scores

Low need by your program

High demand in

client population

High in time

needed

High in complexity

63 – Private Landlord/Tenant 9 27 4 8 35 5 7 1 032 – Divorce/Separation/Annulment 10 30 2 4 34 6 11 4 131 – Custody/Visitation 11 33 0 0 33 7 11 9 295 – Wills/Estates 7 21 5 10 31 6 5 1 096 – Advance Directives/Powers of Attorney 7 21 5 10 31 6 5 0 001 – Bankruptcy/Debtor Relief 6 18 5 10 28 8 5 3 633 – Adult Guardian/Conservatorship 7 21 3 6 27 6 3 2 037 – Domestic Abuse 7 21 2 4 25 6 7 1 102 – Collection (Including Repossession/Deficiency/Garnishment) 3 9 7 14 23 7 5 0 038 – Support 7 21 1 2 23 7 7 4 181 – Immigration/Naturalization 7 21 1 2 23 9 5 3 304 – Collection Practices/Creditor Harassment 2 6 8 16 22 6 6 0 061 – Federally Subsidized Housing 4 12 5 10 22 8 5 3 376 – Unemployment Compensation 2 6 8 16 22 6 2 1 077 – Veterans Benefits 6 18 2 4 22 8 3 3 351 – Medicaid 3 9 6 12 21 8 2 2 372 – Social Security (Not SSDI) 2 6 7 14 20 8 2 2 275 – SSI 4 12 4 8 20 8 3 3 322 – Wage Claims and other FLSA (Fair Labor Standards Act) Issues 3 9 5 10 19 10 2 2 167 – Mortgage Foreclosures (Not Predatory Lending/Practices) 3 9 5 10 19 9 3 4 305 – Predatory Lending Practices (Not Mortgages) 0 0 9 18 18 8 2 0 384 – Disability Rights 4 12 3 6 18 9 3 2 091 – Legal Assistance to Non-Profit Organization or Group 4 12 3 6 18 10 2 3 313 – Special Education/Learning Disabilities 1 3 7 14 17 9 3 3 364 – Public Housing 5 15 1 2 17 11 6 1 174 – SSDI 3 9 4 8 17 8 2 2 293 – Licenses (Drivers, Occupational, and Others) 3 9 4 8 17 9 2 0 008 – Unfair and Deceptive Sales and Practices (Not Real Property) 0 0 8 16 16 9 0 0 121 – Employment Discrimination 2 6 5 10 16 12 1 2 329 – Other Employment 0 0 8 16 16 11 0 0 012 – Discipline (Including Expulsion and Suspension) 1 3 6 12 15 10 2 2 325 – Employee Rights 1 3 6 12 15 11 2 1 130 – Adoption 1 3 6 12 15 10 0 3 156 – Long Term Health Care Facilities 1 3 6 12 15 9 0 1 139 – Other Family 4 12 1 2 14 7 1 2 062 – Homeownership/Real Property (Not Foreclosure) 0 0 7 14 14 8 1 0 009 – Other Consumer/Finance 1 3 5 10 13 10 0 0 024 – Taxes (Not EITC) 3 9 2 4 13 12 2 2 373 – Food Stamps 1 3 5 10 13 10 2 1 282 – Mental Health 3 9 2 4 13 10 1 2 006 – Loans/Installment Purchase (Not Collections) 0 0 6 12 12 11 1 0 152 – Medicare 2 6 3 6 12 10 2 1 168 – Mortgage Predatory Lending/Practices 1 3 4 8 11 11 2 4 403 – Contracts/Warranties 0 0 5 10 10 12 2 0 154 – Home and Community Based Care 0 0 5 10 10 11 1 0 085 – Civil Rights 2 6 2 4 10 12 2 2 1

14 – Access (Including Bilingual, Residency, Testing) 1 3 3 6 9 12 2 0 044 – Minor Guardian/Conservatorship 1 3 3 6 9 12 1 1 065 – Mobile Homes 1 3 3 6 9 12 0 0 071 – TANF 1 3 3 6 9 12 2 0 126 – Agricultural Worker Issues (Not Wage Claims/FLSA Issues) 2 6 1 2 8 14 0 1 166 – Housing Discrimination 1 3 2 4 7 13 1 1 086 – Human Trafficking 1 3 2 4 7 13 1 1 007 – Public Utilities 2 6 0 0 6 15 2 0 023 – EITC (Earned Income Tax Credit) 2 6 0 0 6 14 2 0 142 – Neglected/Abused/Dependent 0 0 3 6 6 13 0 0 053 – Government Children’s Health Insurance Programs 0 0 3 6 6 13 1 0 059 – Other Health 2 6 0 0 6 11 1 1 069 - Property taxes 0 0 3 6 6 13 0 0 070 – Other Housing 0 0 3 6 6 12 0 0 0(Including Incorporation/Dissolution) 2 6 0 0 6 10 0 1 115 – Vocational Education 1 3 1 2 5 14 0 0 019 – Other Education 1 3 1 2 5 13 0 0 135 – Parental Rights Termination 1 3 1 2 5 13 2 2 155 – Private Health Insurance 1 3 1 2 5 13 2 1 157 – State and Local Health 1 3 1 2 5 13 0 0 078 – State and Local Income Maintenance 1 3 1 2 5 13 1 1 183 – Prisoner’s Rights [no longer used by LSC] 1 3 1 2 5 13 0 1 116 – Student Financial Aid 0 0 2 4 4 13 1 1 041 – Delinquent 0 0 2 4 4 14 0 0 049 – Other Juvenile 0 0 2 4 4 11 0 0 089 – Other Individual Rights 0 0 2 4 4 13 0 0 034 – Name Change 0 0 1 2 2 15 1 0 079 – Other Income Maintenance 0 0 1 2 2 10 0 0 094 – Torts 0 0 1 2 2 15 1 1 097 – City and county services 0 0 1 2 2 14 0 0 098 – Other Miscellaneous 0 0 1 2 2 14 2 0 036 – Paternity 0 0 0 0 0 15 0 0 043 – Emancipation 0 0 0 0 0 16 0 0 092 – Indian/Tribal Law 0 0 0 0 0 16 0 0 0

*Listed by Legal Services Corporation problem code and strength of need as ranked by 17 providers; strong needs weighted by factor of 3 for ranking purposes, medium needs by factor of two. Color coding: pink = high, tan = medium, green = low

Strongest Pro Bono Needs 2016 by Each Program Responding to Statewide Survey

Program Name Offices, service area, population

Contact Strongest Pro Bono Needs # cases closed in 2015; # that could have been closed with more volunteers; comments; use of law students

Blue Ridge Legal Services, Winchester, Harrisonburg, Lexington, Roanoke 25 counties and small cities in the Shenandoah and Roanoke Valley of Virginia, with approximately 120,000 low-income eligible clients

John Whitfield Executive Director [email protected]

Bankruptcy/Debtor Relief Custody/Visitation Divorce/Separation/Annulment Adult Guardian/Conservatorship Domestic Abuse Support Subsidized & Public Housing SSI Veterans Benefits Immigration Licenses

510 closed; 1,000 possible with more volunteers

CAIR (Capital Area Immigrants’ Rights) Coalition Washington, DC We serve the detained immigrant population of DC, VA, and MD

Michael Lukens Pro Bono Director [email protected]

Immigration/Naturalization Legal Assistance to Non-Profit Organization or Group

120; 160

Central Virginia Legal Aid Society Richmond, Charlottesville, Petersburg

Stephen Dickinson Executive Director [email protected]

Bankruptcy/Debtor Relief Wage Claims and other FLSA (Fair Labor Standards Act) Issues Employee Rights Custody/Visitation Strong

925; 2,700 Types of nonattorney volunteers that can help: Experienced bankruptcy




5 cities, 15 counties in Central Virginia Traditional legal aid problems minus education; 178,070 people

Divorce/Separation/Annulment Domestic Abuse Support Private Health Insurance Federally Subsidized Housing Private Landlord/Tenant Mortgage Foreclosures (Predatory and Not Predatory Lending/Practices) Unemployment Compensation

paralegals, motivated law student, experts on auto repair or mechanics, Spanish and Creole language speakers, tax experts, property value assessors, social workers, Insurance expertise, long term care ombudsmen, forensic mortgage analysts, housing condition experts, e.g. pest control

Greater Richmond Bar Foundation Pro Bono Clearinghouse Richmond Sometimes serve other locations in Commonwealth, if have resources. Nonprofit organization clients with transactional issues (no litigation). 1000's.

Ali Fannon Executive Director [email protected]

Taxes (Not EITC) Legal Assistance to Non-Profit Organization or Group (Including Incorporation/Dissolution) Bylaws/articles of incorporation review - high demand. Ample volunteers.

80; 100 We don't have the resources to help requests for nonprofit start-up. Have developed good referral system with Partnership for Nonprofit Excellence to send these requests through education and building blocks, and then some come back for final steps




Hunton & WIlliams Pro Bono Program Richmond: Church Hill Charlottesville Richmond and surrounding counties; Charlottesville and surrounding counties; primarily housing law, domestic abuse/protective orders; guardianships; no-fault divorces; immigration; veterans issues; creating and assisting 501(c)(3) organizations

Chip Nunley Partner, Hunton & Williams [email protected]

Custody/Visitation Divorce/Separation/Annulment Adult Guardian/Conservatorship Domestic Abuse Support Private Landlord/Tenant Public Housing Veterans Benefits Immigration/Naturalization Legal Assistance to Non-Profit Organization or Group Licenses (Drivers, Occupational, and Others)

@ several hundred in Richmond, 50 in Charlottesville; Unlimited

Just Neighbors Ministry Falls Church Northern Virginia

Dominique Poirier Director Legal Services [email protected]

Immigration/Naturalization Mental Health Disability Rights Civil Rights Human Trafficking Legal Assistance to Non-Profit Organization or Group Licenses (Drivers, Occupational, and Others)

652; 1,000 JNM particularly seeks "in house" attorney volunteers, meaning retired, unemployed, or stay-at-home attorneys who volunteer for JNM @ 2-3 days a week (usually 1/2 days) and have their




own case loads, supervised by an attorney.

Legal Aid Justice Center Charlottesville, Richmond, Petersburg, Falls Church Immigrants statewide in certain matters, children's advocacy statewide in certain matters; basic field legal services in Central Virginia and Northern Virginia. Falls Church office focused on work not allowed with federal funding

Mary Bauer Executive Director [email protected]

Employment Discrimination Wage Claims and other FLSA (Fair Labor Standards Act) Issues Agricultural Worker Issues Medicaid Federally Subsidized Housing Private Landlord/Tenant Public Housing Mobile Homes Housing Discrimination Immigration/Naturalization Prisoner’s Rights Civil Rights

562; 1,200

Legal Aid Society of Eastern Virginia, Norfolk Hampton Roads, Eastern Shore and the Peninsula. Large number of eligible people.

Raymond Hartz Executive Director [email protected]

Bankruptcy/Debtor Relief, Collection Practices/Creditor Harassment Custody/Visitation Divorce/Separation/Annulment Adult Guardian/Conservatorship Domestic Abuse Support

198; Hundreds

Legal Information Network Denise Kranich Bankruptcy/Debtor Relief 544 in 2015; hundreds




for Cancer (LINC) Richmond Resident of or active treatment in greater Richmond area; Civil legal issues stemming from cancer diagnosis/ treatment or creating barriers to health and wellness - wills, trusts, poa/amd, employee rights, employment discrimination, private insurance denials, public benefit denials/ termination, income preservation (social security, long-term disability), estate administration (for surviving family members), housing, guardianship (minors and adults)

Executive Director [email protected]

Public Utilities Vocational Education Minor Guardian/Conservatorship Medicaid, Medicare, Private Health Insurance Private landlord/tenant, mortgage foreclosures SSDI, SSI Disability Rights Legal Assistance to Non-Profit Organization or Group See endnote i for more information on needsi

more. We could use definitely utilize non-attorney advocates (law students, paralegals, social workers, insurance agents, other volunteers) to help cancer patients with the following: see endnote ii ii Need notary volunteers to be able to effectively engage solo practitioners, contract/review attorneys, smaller firms that don't have this resource on staff

Legal Services of Northern VA Fairfax, Arlington, Alexandria, Manassas,

Jim Ferguson Executive Director [email protected]

Custody/Visitation Divorce/Separation/Annulment Domestic Abuse Support

698; 1,000




Loudoun, Route One, Fredericksburg Northern VA -- full service RLS Service area -- intake, telephone advice & brief service

Private Landlord/Tenant Veterans Benefits Wills/Estates Advance Directives/Powers of Attorney

Northern Virginia Pro Bono Law Center Fairfax Serves individuals in Fairfax, and nonprofits throughout Northern Virginia; range of individual civil problems.

Arlene Beckerman Director of Pro Bono Activities [email protected]

Collection (Including Repossession/Deficiency/Garnishment) Collection Practices/Creditor Harassment Divorce/Separation/Annulment Custody & visitation Wills/Powers of Attorney/AMD Private Landlord/Tenant Employment

600; unsure

Rappahannock Legal Services Fredericksburg, Culpeper, Tappahannock Seventeen mostly rural counties with an eligible population size of about 52,000 people, served by

Ann H. Kloeckner Executive Director [email protected]

Bankruptcy/Debtor Relief Collection (Including Repossession/Deficiency/Garnishment) Custody/Visitation Divorce/Separation/Annulment Adult Guardian/Conservatorship Domestic Abuse Support Federally Subsidized Housing

79; 160




four full-time and one part-time legal aid attorney. We handle family, DV, housing, consumer and public benefits work, but turn away many more than we can serve.

Private Landlord/Tenant Public Housing Mortgage Foreclosures (Not Predatory Lending/Practices) Mortgage Predatory Lending/Practices TANF Social Security (Not SSDI) Food Stamps SSDI, SSI Unemployment Compensation Veterans Benefits State and Local Income Maintenance Immigration/Naturalization Wills/Estates Advance Directives/Powers of Attorney

Southwest Virginia Legal Aid Society Castlewood, Christiansburg, Marion Southwest Virginia; 107,000 client population; clients are dispersed over a large mountainous region.

Larry Harley Executive director [email protected]

Bankruptcy/Debtor Relief Custody/Visitation Divorce/Separation/Annulment Adult Guardian/Conservatorship

125; 500

The Community Tax Law Elaine Javonovich Collection (Including 37; 62




Project Richmond, VA Statewide; federal and state tax controversy issues; CTLP accepts cases at or below 250% of the federal poverty guidelines

Executive Director [email protected]

Repossession/Deficiency/Garnishment) EITC (Earned Income Tax Credit) Taxes (Not EITC)

Veterans Initiative: a program of the Greater Richmond Bar Foundation & The Virginia Bar Association Richmond Our program serves veterans and service members throughout Virginia (and outside of Virginia so long as the legal issue can be resolved by a Virginia attorney)

Alison Roussy Director of Administration [email protected] Bob Barrett Corporate Counsel [email protected]

Bankruptcy/Debtor Relief Custody/Visitation Divorce/Separation/Annulment (one of our biggest needs is for family law volunteers) Parental Rights Termination Support Adult Guardian/Conservatorship Domestic Abuse State and Local Health Private Landlord/Tenant Veterans Benefits Wills/Estates Advance Directives/Powers of Attorney Mental Health

75; 125-150 Family law needs are in huge demand in the veterans cases that I review

Virginia Hispanic Chamber Jon Lucier Wage Claims and other FLSA (Fair Labor Standards 17 cases; 20+




of Commerce Legal Aid Clinic Midlothian Richmond metro area's Hispanic population, in non-immigration matters

Co-chairperson [email protected]

Act) Issues Immigration/Naturalization

Virginia Legal Aid Society: Lynchburg, Danville, Farmville, Suffolk 26 jurisdictions in south-central Virginia; broad range of civil problems; 150,000 eligible at 125% of FPL

David Neumeyer Executive Director [email protected]

Divorce & custody Private landlord/tenant Mortgage Foreclosures

130 cases ; 300

William & Mary Law School Clinics Williamsburg Generally Richmond through Hampton Roads; we see cases in our Elder Law, Veterans Benefits, Special Education, Tax, Innocence Project,

Patty Roberts Director Clinical Programs [email protected]

Discipline (Including Expulsion and Suspension) Special Education/Learning Disabilities EITC, taxes, Adoption, Custody/Visitation, Divorce/Separation/Annulment, Adult Guardian/Conservatorship, Domestic Abuse, Support Medicaid, Medicare, Long Term Health Care, Veterans, Mental Health, Disability rights

Education: We use law students, who are very helpful. Non-attorney volunteers acting as advocates could be helpful in special education matters. Our low-income tax clinic uses law students.

mailto:[email protected]




Appellate Litigation, Domestic Violence and Family Law clinics.

Advance Directives, Wills/Estates, Advance Directives/Powers of Attorney

i Additional needs comments from LINC: There is a high demand in our population for advocates to help cancer patients and caregivers understand their medical bills and negotiate payment terms and write-offs with providers even when there is no legal dispute involved (i.e. - they simply can't pay the amount asked). We believe attorneys without any background in consumer/debtor relief could be trained to do this work, but we could also utilize paralegals, law students and non-attorneys interested in advocacy work. There is a major gap in the community because there are not organizations providing this type of service for free. Help in this area would minimize the need for warrant in debt court proceedings.

Strong need and demand for assistance in the area of helping disabled individuals identify, apply for and utilize programs that help them transition from disability to work or find appropriate work if they are not qualified for disability. Strong need for financial literacy, public benefits, and health insurance education, which would help them avoid legal issues/disputes and alleviate the need for legal services in other areas

Employee Rights: strong need for volunteers able to provide the following assistance: accessing and understanding workplace policies and procedures, when/how/what to disclose regarding medical conditions that impact one's ability to work, how to plan for transitioning from work to disability or unemployment and related income preservation options.

Other: Guardianship/kinship care arrangements for minor children. This includes special POA's and affidavits for school enrollment and medical decisions and standby guardianship petitions. Custody, visitation & divorce - outside of our scope of services so coded as low need, but we get a lot of requests for assistance in this area and it does create a lot of stress for cancer patients.




Housing: greatest need here is for information/advice re: refinancing, modification, and other options to help clients at the point when they can no longer afford monthly payments and want to act before any legal action is taken against them. Also, helping clients deal with unresponsive/difficult mortgage servicing companies and getting them to communicate and cooperate.

Definitely see a need for effective tools, information, and limited advice to help cancer patients and family members navigate the court system and engage in pro se representation when we can't provide representation. Perhaps we could engage the law schools and students to work with litigators to create step-by-step instructions for court and related checklists/helpful hints for preparing witnesses/gathering evidence.

ii LINC opportunities for law students:

1. enrollment issues - understanding eligibility (Medicare, Medicaid, private marketplace coverage, employer-provided GHP), choosing coverage, comparing plans and related network coverage (i.e., similar to but possibly more than Marketplace navigators are able to do), filling out applications and enrolling, etc. 2. coverage issues - understanding their actual coverage, premium payment obligation, deductible responsibilities, etc. 3. reviewing medical bills against coverage/plan documents and calling insurance carriers to identify issues (billing mistakes, coding mistakes, etc. so that actual legal issues can be passed on to the appropriate legal resource). High in time needed to do a great job advocating, but our program could limit the number of cases taken by an individual volunteer as needed to avoid overburdening a single pro bono resource.

Use law students and paralegals to staff workshop to assist SSI/SSDI with eligibility questions, reviewing medical record and completing applications. Also, could have paralegals, law students, social workers, review SSDI/SSI denial letters and determine if clients requesting legal assistance really need attorney intervention - missed the appeal deadline or were denied because they are above income for SSI or don't have work credits for SSDI. 79 - Could potentially utilize paralegals and law students to assist clients in reviewing the employee benefits/private insurance coverage and fill out applications to maximize likelihood of approval and avoid denials based on lack of documentation, incomplete information etc.

the top pro bono needs in virginia, 2016: a survey by the · 2018. 4. 4. · in january 2016, the...

Documents