AUSTIN BAR ASSOCIATION VETERANS LEGAL CLINIC ORIENTATION

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1 AUSTIN BAR ASSOCIATION VETERANS LEGAL CLINIC ORIENTATION Thank you for volunteering for the Veterans Legal Clinic sponsored by the Austin Bar Association as part of the Texas Lawyers for Texas Veterans Project. This document describes the basic procedures of the clinic for attorney volunteers. If you have any additional questions, someone on site should be able to address them. ARRIVAL The clinics vary somewhat in start time, but please arrive at least ten minutes before the clinic is scheduled to begin so that you can check in, set up, get a nametag, coffee, etc. Please keep in mind that our veteran clients often arrive well before the clinic begins in order to get a place in line. CHECK- IN Register with the Bar representative or VLS Paralegal present and advise them of any areas of practice in which you have expertise. As you are assigned a veteran client, pick up an Attorney Notes Page for completion. COUNSELING Once you are assigned a veteran to assist, check with the available law students from the Pro Bono Program at UT School of Law to see if anyone would like to observe the counseling session. (These students may not give legal advice or provide services on their own, but they are there to learn and, when possible, provide assistance after the clinic to any attorney who is willing to take a veteran s case pro bono.) Complete the Attorney notes page with your name and the requested client information. Counsel the veteran regarding the legal issues for which they are seeking assistance. AVAILABLE RESOURCES In addition to any materials that you have brought with you, there are additional resource and reference materials on various topics available in the clinic materials. These include references to other helpful organizations and to veterans resources. There is also usually a representative of the Texas Veterans Commission that can assist in providing information about military law and veteran s benefit issues. NEED FOR ADDITIONAL SERVICE If your veteran needs additional legal assistance after the clinic, you have these options: You agree to take the veteran s case The veteran is referred to Legal Aid or VLS 1

2 The veteran is referred to the Lawyer Referral Service or another private attorney. If your veteran needs additional assistance after the clinic and may be referred to Legal Aid, Volunteer Legal Services or the Lawyer Referral Service, please be sure your Attorney Notes page contains the following information: The names of all parties and entities involved (especially opposing parties) so a conflict check can be done. State if the person knows where party can be served. The basic underlying facts, including important dates. Whether a law suit has been filed. If so: o date of filing and date of service. (Calculate answer date to ensure answer deadline has not been missed. If someone has an immediate answer due, we have form general denials on site. o Pending hearing dates, discovery deadlines, etc. Make note of any documents received or sent by parties (demand letters, etc) o Make copies, if possible (When we are at the Veteran Outpatient Clinic, the Texas Veteran s Commission has been very helpful in this regard) For probate matters, all the known heirs and whether there are unknown heirs (e.g., "my brother is dead but he had some kids by several different women and I don't know who they are"...) If your veteran needs additional assistance, try to determine the veteran s qualification for Legal Aid or VLS. Keep in mind that some types of cases will not be handled by these organizations (e.g., criminal cases). See the attached list of VLS case codes for types of cases that VLS will and will not take. Next, try to determine income eligibility, based on the veteran s statement of monthly income. Income guidelines are also attached. To qualify for Legal Aid, an applicant s monthly income must not exceed 200% of the poverty guidelines. To qualify for VLS, an applicant s monthly income must not exceed 187 1/2% of the poverty guidelines. If it appears that your veteran is likely to qualify for Legal Aid or for VLS, take them to one of the Law Student volunteers (or use the one that is observing your interview) and have the intake form completed. Return the Attorney Notes Page to the Bar representative or VLS paralegal handling administration, then see if there is another person who needs assistance in your practice area. Questions about poverty law Texas Lawyers Care ext

3 CONSUMER FINANCE VOLUNTEER LEGAL SERVICES CASE CODES PROBLEM CODE CASE TYPE REPRESENTATIVE CASES EXCLUSIONS/EXCEPTIO NS 01 Bankruptcy/Debtor Relief Chapter 7 No Chapter 11, Chapter Collections Repossessions, Deficiency Judgments, Garnishments 03 Contracts/Warranties Product Warranties; Product, Goods, & Services Contracts 04 Credit Access Denial of Credit, Derogatory Credit History 05 Energy Yes, for consumers. 06 Loans/Installment Purchases Assists borrowers not lenders 07 Public Utilities Electric Deposits; Threatened Utility Terminations; Unusually high bills; Billing Errors; Appeal Hearings 09 Other Consumer/Finance Yes, to diverse to delineate EDUCATION 11- Education VLS typically does not handle these types of cases but if the issue is special education services, we refer them to the Special Education Advice Clinics held periodically throughout the school year. EMPLOYMENT 21-Job Discrimination--- typically these cases are referred to the EEOC and to private bar as they are fee-generating. 22-Wage Claims VLS will handle these cases on occasion. These cases include instances when an employer refuses to pay an employee for hours worked. FAMILY 30 Adoptions VLS does not handle because of expense associated with home study 31 Custody/Visitation Domestic Violence involved No modifications or enforcements 3

4 Agreed grandparent custody cases with very specific criteria for an assisted pro se clinic 32 Divorce/Separation/Annulment Yes. No Modifications, Enforcements, or post decree issues. 33 Guardianship Of the Person & of the Estate No contested guardianships. 34 Name Change Yes 35 Parental Rts. Termination Typically we do not do unless Atty. agrees to do as part of ongoing case 36 Paternity Typically we do not do unless Atty agrees to do as part of ongoing case & client has money for testing 37 Spouse Abuse Divorces involving Domestic violence; PO s the CA is conflicted out of 38 Support Will handle as part of divorce or SAPCR as state in other categories. 39 Other Family JUVENILE - VLS typically does not handle these types of cases. 41-Delinquent 42-Neglected/Abused/Dependent 43-Other Juvenile HEALTH No modifications or enforcements or post decree issues. If the only issue, and no domestic violence, client sent to OAG 51 Medicaid Administrative appeals of change or denial of benefits 52 Medicare Administrative appeals of change or denial of benefits 59 Other Health HOUSING 61 Federally Subsidized Housing Evictions, Loss of Voucher, Repairs 62 Homeownership/Real Foreclosures, Contract 4

5 Property for Deed, HOA Issues 63 Landlord/Tenant Evictions, Repairs 64 Other Public Housing Yes 69 Other Housing Too diverse to describe INCOME MAINTENANCE 71 TANF/Other Welfare Referred to Legal Aid 72 Black Lung Referred to Legal Aid 73 Food Stamps Referred to Legal Aid 74 Social Security Denial of Benefit No initial applications Appeals, Cessation of Benefits, Overpayments 75 SSI See Social Security No initial applications 76 Unemployment Overpayment of benefits, No initial applications Appeal of denials 77 Veterans Benefits Eligibility for Spouse/Survivor Benefits; Appealing Overpayments No initial application 78 Worker s Compensation Referred to Private Bar 79 Other Income No initial application Maintenance INDIVIDUAL RIGHTS Denial, Cessation or Overpayment of Long/Short Term Disability Benefits; IRS Garnishments 81 Immigration/Naturalization Refer to Am. Gateways 82 Mental Health Refer to TRLA or Advocacy, Inc 84 Disability Rights Refer to Advocacy, Inc 89 Other Individual Rights Expunctions MISCELLANEOUS 91 Incorporation/Dissolution Not handled by VLS 92 Indian/Tribal Law Not handled by VLS 91 License (Auto & Other) Occupational DL s; Admin. Hearings for Occupational Licensure 94 Torts Some tort defense, most No fee generating cases commonly subrogation claims 95 Wills/Estates Wills, Pre need docs, No contested probate Probate, Affidavit of heirship 99 Other Miscellaneous IRS Settlements, Tax Do not prepare tax returns 5

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