*PROPOSED*

2017 Private Attorney Involvement Plan

 

A legal clinic for seniors was held at an elderly high-rise in Topeka. KLS staff and pro bono attorneys assisted many clients with forms and gave information on planning for incapacity. Forms included Health Care Power of Attorney, Durable Power of Attorney, Living Will, and others. A 62 year old woman who received help with several documents mentioned that it sure would be nice if her elderly, homebound mother could get her POA and living will documents notarized. The woman explained that her mother was not able to leave her apartment, which was in the same building as the clinic. Documents were prepared and taken up to the homebound mother’s apartment to be notarized. Now the mother has both her POA and living will in place. Both mother and daughter were very appreciative!

During Celebrate Pro Bono Week, October 23-29, 2016, several KLS offices held outreach clinics and showed their appreciation to their volunteer attorneys. Volunteer attorneys joined Kansas Legal Services’ staff at the outreach clinics. One KLS office partnered with Habitat for Humanity during Celebrate Pro Bono Week to prepare Transfer on Death Deeds for Habitat Homeowners. Another office had a document prep clinic to prepare Health Care Powers of Attorney and Living Wills for residents at a low income retirement facility. Another office held an outreach clinic for veterans, helping them with legal issues including advance directives, Driver's License issues, child support modifications, expungements, and Social Security Disability. 

The Wichita Bar Association celebrated its 100th Anniversary. As part of the celebration, they held a day of service, Clean Slate Day. KLS was pleased to co-sponsor this event. On March 4, 2016, 60 attorney volunteers gathered to prepare the paperwork for participants. They had no idea how many participants would show up to take advantage of the program, which was scheduled for 9:00 am–2:00 pm. The participants started lining up at 6:30 am. By 9:00, the jury room of the Sedgwick County Courthouse was full of people who wanted to have convictions expunged. About 200 people were helped and 300 more were turned away. A unique part of this program is that the committee raised funds to pay the court costs for the court cases filed. 

A retired attorney meets with his clients at the Johnson County Help Center.  As a KLS volunteer, he is allowed to provide a full range of legal services to low income families.  KLS is using Supreme Court Rule 208 to sponsor this lawyer, expanding services to many that would otherwise go without any legal help.  The attorney is not required to meet CLE or registration requirements.  He is covered with malpractice insurance by KLS. 

As lawyers, we know firsthand the value and necessity of quality legal representation. We see victims of domestic violence, abused children, and families losing their homes all too frequently because they cannot afford a lawyer. We have a professional responsibility to help others in our community gain access to the justice system to protect their rights, their freedom, their homes, their livelihoods, and their families. Legal needs studies have consistently found that less than 40 percent of low income people get the legal assistance they need, and funding per eligible person has dropped drastically in recent years. This is a crisis and lawyers must get involved. Supporting civil legal aid is a way to work for justice and access for all.
Volunteer attorneys are needed for three reasons:

1) Legal services can provide life-changing differences in the lives of low income Kansans. From a simple landlord letter to a complex child custody case, the impact of legal issues on our lives is dramatic. When a family is involved in a legal matter, it is unsettling, to say the least. Parents lose needed hours of work to deal with the situation, for which many have no paid vacation time. The lost income means they are short on rent or on other essential bills. Feeling that they must deal with the problem alone creates a sense of hopelessness.

With accurate legal information or representation by an attorney, they can achieve a sense of justice. The Judge can hear their case and make a fair decision. Their children can have the stability of a court-ordered parenting plan. The family can have a little time to find a new apartment in their children’s school district, saving the children from the disruption of changing schools.

An attorney’s help can make the difference and change Hopelessness to Hope and a Sense of Justice from our legal system.

2) Rule 226 of the Kansas Rules of Professional Conduct says “lawyers should render public interest legal services.” While acknowledging that legal aid programs were created to help meet this need, the rule encourages lawyers to support these programs by continuing to provide services on a pro bono or reduced fee basis. Kansas Legal Services stands ready to help Kansas attorneys meet this professional obligation.

3) The justice gap is growing. Yet ability of Kansas Legal Services staff to meet the needs of low income Kansans is shrinking. KLS staff was able to provide legal services to 18,750 families in 2015, a reduction of 15 percent from 2012. KLS had less staff to provide services, due to funding losses from several quarters. KLS was unable to provide services to many eligible callers because it was without the resources to do so.

Estimates are that 50 percent or more of the litigants in family law courts in Kansas are self-represented. Some initiatives have been put in place to allow the Courts to handle the large number of self-represented litigants. This includes forms created by the Judicial Council, which form the basis for many of the forms that Kansas Legal Services makes available online via interactive interview. These actions are done only because Kansas Legal Services and its volunteer lawyers cannot meet the demand for legal services by low income persons. Modifications of the Rules of Professional Responsibility allow attorneys to be involved in limited scope representation. One example of this is an attorney review of documents that a low income person has prepared. The attorney can review the documents and “coach” the client for success as a self-represented litigant.

The Legal Services Corporation, a funder of Kansas Legal Services, requires that an annual plan exists for involving private attorneys in helping meet the civil legal needs of low income persons. [45 CFR 1614.4] The 2017 plan will be approved by the Kansas Legal Services Board of Directors in January, 2017. The Board is currently seeking comments on the proposed plan. Please provide comments to James Campbell, President, Board of Directors, Kansas Legal Services, 712 S Kansas Ave, Suite 200, Topeka, KS 66603 or email president@klsinc.org.

How pro bono referrals work:

Kansas Legal Services allows a potential applicant to apply by phone (1-800-723-6953) or initially online (www.kansaslegalservices.org).  Staff dedicated to screening applicants for financial eligibility take calls from 7:30 a.m. to 5:00 p.m. Monday through Friday.  Questions about family size, current and potential income and assets, citizenship status and other eligibility factors are used in determining initial eligibility. To be eligible for pro bono services, the applicant must have household income below 150 percent of the Federal Poverty level.

In addition, Kansas Legal Services Board of Directors has determined, by legal problem type, the matters that can qualify for representation by Kansas Legal Services. The limited resources available to meet the needs of low income Kansans make this type of prioritization necessary. Some types of legal problems can only be accepted if a pro bono attorney is willing to accept the case.

After an applicant has been determined to be eligible for KLS services, the case is reviewed in the local office covering the applicant’s county. The applicant is contacted and more information about their situation and their legal need is obtained. Information about upcoming court deadlines, etc. are key to determining if a case is appropriate for pro bono referral. The length of time it takes to place a case with a volunteer attorney eliminates cases with rapidly approaching deadlines. The applicant’s access to reliable transportation is another factor considered. With knowledge of all relevant factors, the managing attorney of the office makes the decision that a case is appropriate for placement with a volunteer attorney.

Once a case has been designated for placement with a volunteer attorney, the list of volunteer attorneys is reviewed. In making determinations about which lawyers to contact, the various staff making contacts with attorneys take into consideration the geographic location, substantive areas of the law and when the attorney last took a pro bono case. Attempts to place cases are made by telephone and email contact.

Following referral of a case, KLS staff regularly follow-up on the case to determine the status of representation. The follow-up is done until the attorney notifies KLS that the case is concluded. Assistance can be provided to the attorney throughout the case by KLS staff, unless the case referred represents a conflict of interest for KLS.

KLS is aware that some volunteer attorneys are not regularly referred a case, despite their willingness to accept cases. The match between case type and the location of the volunteer attorney sometimes makes a match difficult. KLS continues to work to utilize all volunteer attorneys to meet the needs of eligible clients.

Components of the Pro Bono Projects:

Kansas Legal Services provides the following opportunities for private attorneys to be involved in meeting the civil legal needs of low income Kansans.

a) Direct services to clients referred from Kansas Legal Services
The pro bono coordinator in each of the eleven KLS offices is aware of attorneys who are willing to consider referrals of persons to be provided legal services on a pro bono basis. Contact with attorneys is made by phone or email. KLS continues to monitor these cases and requires notice when the work for the client is complete.

While the majority of the requests for legal services are in the family law area, cases are also available in housing, mortgage foreclosure, consumer matters and a wide range of other legal areas. Attorneys can specify the types of cases they are willing to consider. Attorneys are always contacted by KLS staff prior to the client receiving the attorney’s contact information.

In addition, KLS communicates with volunteer attorneys monthly via an email newsletter. This newsletter shares information about events and lists possible pro bono cases currently available for placement in the attorney’s preferred geographic area.

During 2016, KLS has worked with ProBono.net to set up a new Kansas website for attorney volunteers. This new website will provide forms and materials and will be another way for lawyers to learn about volunteer opportunities in Kansas. The site will be secure and is designed for easy and convenient use by busy attorneys. KLS will have the website available in early 2017.  The monthly email newsletter will be phased out as we communicate with private attorneys from web based resources. 

Each KLS office may recruit one or more attorneys to participate in a Retainer Contract Program, through which referred cases are accepted by the attorney for participation on a reduced fee basis. For accepted participants with incomes under 125 percent of poverty, KLS will pay the retainer contract attorney an hourly fee for the representation. These attorneys are generally located in places where the expense of travel for KLS staff attorneys is the greatest.

b) Projects requiring a limited or predictable time commitment
Kansas Legal Services understands that one of the barriers for attorneys in accepting pro bono work is the unpredictable nature of the time commitment. A “simple” case can become complicated, where the attorney spends more hours than expected. Three volunteer options are designed to provide attorneys with volunteer opportunities with a limited and predictable time commitment.

With the 2012 adoption of Supreme Court Rule 115A, attorneys may now limit the terms of their representation of a client. Kansas Legal Services has embraced the option of limiting the scope of representation and encourages volunteer attorneys to do so when appropriate. One example would be an attorney who accepts referrals of clients who have created their own divorce documents using the approved Supreme Court forms. The attorney meets with the client, reviews their situation and the forms they have prepared. By discussing topics like court jurisdiction and service, the attorney can greatly improve the likelihood the client will be successful in self-representation. When the attorney has reviewed the forms and explained to the client what will happen at the final hearing, the attorney has completed their obligation to that client. If the attorney prefers, this entire consultation can occur by phone. KLS refers cases through this program where it is unlikely a response will be filed by the Respondent. However, even if a response is filed, the attorney has completed all the work to which they agreed (via limited scope representation agreement) and has no obligation to do more with that case.

Another option for predictable time commitment involves assisting with those clients who need legal advice about their situation. By volunteering to come to a KLS office on a regular schedule at least four times a year for a three hour time slot, an attorney can meet this crucial need for legal advice. Support from KLS staff can allow the attorney to feel confident about a variety of legal matters.

A new option is Free Legal Answers (www.freelegalanswer.org).  This project is sponsored by the American Bar Association and was launched to the public in October 2016.  Low income persons who seek answers to legal questions or need information on a legal topic can submit their questions electronically.  Volunteer lawyers communicate with participants via email only.  The client will not have the volunteer attorney’s direct email address or phone number.  The volunteer lawyers can go online and select the questions they want to respond to.

c) Low Income Taxpayer Clinic (LITC):   
This clinic accepts referrals from Volunteer Income Tax Assistance (VITA) programs, IRS Taxpayer Advocates and others who contact KLS directly.  The program encourages tax practitioners to assist with this program by mentoring KLS staff on particular cases or taking a case on a pro bono basis.  Law students can also volunteer for this program. 

d) Assistance at special outreach events and with special projects
Kansas Legal Services staff is involved in special outreach events every April 16 for National Health Care Decision Day, in October during Celebrate Pro Bono week and during weather-related disasters.  Kansas Legal Services staff are also involved in the spring and fall with the Heart of America Stand Down event in Kansas City.

e) Clean Slate Days
As a part of criminal justice reform, lawyers have thought about the long-term effects of a conviction on a person’s earning potential.  Clean Slate Day was an effort to respond to that as a community.  The Wichita Bar Association put together an expungement clinic for low income individuals who were eligible for an expungement.

KLS was pleased to co-sponsor this event with the Wichita Bar Association. On March 4, 2016, 60 attorney volunteers gathered to prepare the paperwork for participants.  By 9:00, the jury room of the Sedgwick County Courthouse was full of more than 1,000 people who wanted to have convictions expunged.

The success of this program has created conversation in other legal communities about replicating this type of program.  We would love to partner with other bar associations to host these types of events.

 

While not directed exclusively at low income persons, Kansas Legal Services provides another opportunity for attorneys to serve Kansans.

The Kansas Elder Law Advice Line gives attorneys the opportunity to provide legal advice or information to Kansans age 60 and over. Attorneys volunteer for a four hour shift and work from their own offices. Telephone technology allows KLS to seamlessly transfer the caller to the attorney.

Kansas Legal Services supports volunteer attorneys:

Consistent with its goal of supporting attorneys who provide pro bono services through Kansas Legal Services, KLS will provide the following support to those attorneys who request it:

a. Access to legal materials that are available to KLS staff.
Needed materials can be requested from the pro bono coordinator in the office or from a KLS staff attorney.  As a result of special funding, in early 2017, a separate web location for private attorneys in Kansas will be available. This site will make it easier for attorneys to learn of volunteer opportunities in Kansas.  The site will also make forms, research and other resources available to volunteer attorneys. 

b. Access to KLS staff seminars.
When KLS sponsors a Continuing Legal Education event, volunteer attorneys are notified of the event via the monthly pro bono newsletter.  In early 2017, volunteer attorneys will be notified through a new pro bono website.  Volunteer attorneys may attend these events at no charge. These events are held as determined by the training needs of KLS and are not held every year.

c. Access to CLE credit for some pro bono work.
KLS was recognized with a KBA award in 2014 for obtaining CLE credit for attorneys who participate in some community-based pro bono events. Attorneys who participate in a learning session immediately followed by practicing what is learned with actual clients may receive CLE credit for both activities. KLS is only able to provide this credit when the event format meets the criteria of the CLE commission.

d. Retired and Inactive Attorneys.
Supreme Court Rule 208 was modified in 2013 to allow retired and inactive attorneys to perform pro bono work through approved organization.  Kansas Legal Services was approved to supervise these attorneys.  KLS will continue to publicizing this opportunity to eligible Kansas attorneys and find ways to incorporate those attorneys in the existing or new volunteer opportunities.

e. Free Legal Answers support
KLS will help the Kansas Bar Association with their efforts to launch this new website.  KLS will host resource materials online and participating in training sessions.

 

Kansas Legal Services Supports Law Student Volunteers
Kansas Legal Services believes that by engaging law students in pro bono service has long term effects.  They see firsthand the needs of low income people and experience the rewards of helping them.  They leave law school determined to continue giving back in this manner.  They are also excellent “extenders” of KLS staff, allowing more clients to be served than could occur through staff resources alone.
For these reasons, KLS hosts law student volunteers in a variety of ways.

• The Topeka and Kansas City offices recruit and supervise law student volunteers from area law schools during the school year. 
• Kansas Legal Services staff teach the Elder Law Externship at the University of Kansas School of Law and host the enrolled students, who contribute 100+ hours a semester as interns.
• All KLS offices recruit and supervise law student volunteers and pre-law volunteers during the summers.
• Specialty student groups within the law schools are recruited to assist with events, for example the Clean Slate Day currently planned in Topeka.

During 2016 we placed two students in the Administrative office, thirteen students in the Kansas City office, one student in the Manhattan office, two students in the Pittsburg office, one student in the Seneca office, eight students in the Topeka office and five students in the Wichita office. 

 

Other KLS activities:

KLS staff is engaged in recruiting and retaining volunteers through direct communication, outreach at local bar functions and other means.

KLS maintains, as part of a malpractice insurance policy, coverage for attorneys who represent clients on a pro bono basis through KLS programs, in order to protect attorneys from possible claims. This effort allows participation by attorneys who have a limited or corporate practice and do not maintain malpractice insurance or who do not want to risk the consequences of a possible claim on their policy.

KLS recognizes that not all attorneys have the type of practice or available time to volunteer. KLS will continue the private bar donation solicitation to seek direct financial contribution and volunteer commitments from private attorneys.

Kansas Legal Services is seeking to add ABA Model Rule 6.5 to the Kansas Code of Professional Responsibility. This rule is in place in 48 states, but not in Kansas. The text of the Rule is:

Public Service Rule 6.5 Nonprofit and Court-Annexed Limited Legal Services Programs
(a) A lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing representation in the matter:
(1) is subject to Rules 1.7 and 1.9(a) only if the lawyer knows that the representation of the client involves a conflict of interest; and
(2) is subject to Rule 1.10 only if the lawyer knows that another lawyer associated with the lawyer in a law firm is disqualified by Rule 1.7 or 1.9(a) with respect to the matter.
(b) Except as provided in paragraph (a)(2), Rule 1.10 is inapplicable to a representation governed by this Rule.

Kansas Legal Services has been successful in obtaining support for this rule change from the Kansas Bar Association Board of Governors, the Kansas Disciplinary Administrator, the Christian Legal Society and the American College of Trial Lawyers – Kansas State Committee.

Kansas Legal Services believes that adding this Rule will be a way to broaden our volunteer pool at outreach clinics and courthouse based resources.

Role of the Kansas Bar Association in support of pro bono activities:

The Kansas Bar Association will support the work of Kansas Legal Services by recruiting new volunteers and recognizing the efforts of attorneys providing pro bono services.

Recruitment

The Kansas Bar Association will continue to recruit volunteers in the following manner:

1) KBA will continue to pursue strategies to grow the number of family law attorneys who will accept pro bono referrals. This effort is designed to meet the largest demand for pro bono referrals.
2) KBA staff will continue to work with KLS to recruit inactive and retired attorneys to provide legal services under Rule 208.
3) KBA will partner with the Kansas Bar Foundation to expand the IOLTA program, benefiting KLS through IOLTA-funded grants.
4) KBA will continue leading the efforts for the new Free Legal Answers website.   The KBA will handle volunteer recruitment.
5) KBA will participate in an ABA sponsored survey of attorneys about their pro bono services and barriers to expand pro bono efforts.  In 2017, the KBA will collect and analyze data and provide recommendations to Kansas Legal Services about program changes.

Recognition

In 2016, the Kansas Bar Association recognized the following attorneys for service to Kansas Legal Services’ clients with a Pro Bono Certificate of Appreciation, which recognizes a lawyer for the delivery of direct legal services, free of charge, to the poor:

Joni Franklin, Wichita
Deena Hyson Bailey, Wichita
Tim Owens, Johnson County
Nancy Ulrich, Lawrence
The Law Offices of Barber Emerson, L.C., Lawrence
The Wichita Bar Association, Wichita

The Kansas Bar Association will continue to recognize attorneys for their pro bono work through the Pro Bono Award and Pro Bono Certificates. These will be publicly presented at the KBA Annual meeting.

The KBA will explore other methods of recognizing volunteers who have completed pro bono cases including possible public recognition during Celebrate Pro Bono week and by publication in the KBA Journal and/or the weekly e-blast.

Other activities

Building on the approval of the KBA Board of Governors, the KBA will pursue a strategy to obtain a Supreme Court rule allocating a portion of any Cy Pres award to Kansas Legal Services.

The KBA has modified the member profile to allow attorneys to track the hours of pro bono service that they provide. It is hoped that this will lead to a greater ability to recognize the attorneys who provide pro bono services. In addition, this tracking will allow the KBA to report the tremendous monetary value of the services provided collectively to Kansans through the volunteer actions of its members.

 

Kansas Legal Services Pro Bono Application: https://www.surveymonkey.com/r/probonoapplication

> YOU CAN ALSO APPLY BY JOINING THE KLS PRO BONO SITE <