Texas Access to Justice Foundation

1. Texas Access to Justice Foundation • Changes in Closing & Legal Problem Codes & New Outcomes December 10, 2007 • This webinar training will be as easy as sitting in your favorite chair and watching your favorite movie

2. Write down your questions and save them until the question and answer period

3. Before we begin, we will test your observation powers: This person is: a) on his way to the airport; b) going to see his vet or c) late for the webinar mtg due to weather conditions?

4. The changes we will cover will impact a number of areas in your program where collecting, reporting and managing client data is crucial

5. What reports for TAJF will be affected?

6. Deadlines for Changes • Any case closed in 2007 is governed by the current Case Service Reporting Instructions. • Any case closed in 2008 will be governed by the 2008 Case Service Reporting instructions.

7. Deadlines for Changes • For cases opened prior to January 1, 2008 and still open as of that date, programs may have to adjust the legal problem codes before case closure. There have been changes to the legal problem codes and an appropriate closing codes under the 2008 Case Service Reporting requirements should be selected for all cases closed after January 1, 2008. • All cases opened January 1, 2008 and thereafter must follow the requirements of the 2008 Case Service Reporting requirements.

8. Deadlines for Changes It should be noted that there are cases that have been reportable under the current Case Service Reporting requirements which are not reportable under the 2008 CSR requirements. These cases may continue to be reported in 2007 but not in 2008.

9. Closing code changes The following closing codes will be discontinued after January 1, 2008: C – Referred After Legal Assessment D – Insufficient Merit to Proceed E – Client Withdrew, and J – Change in Eligibility Status

10. What is a case A "case" is a distinct legal problem or a set of closely related legal problems of a client, and legal activities or processes used in resolving those problems. The case must have been accepted by the program and includes advice, counsel and limited action, as well as other types of legal representation. A client with two or more closely related problems will be considered as presenting a single case if all of the problems will be resolved through a single legal process or forum. The provision of legal information solely, does not constitute a case.

11. Closing code changes- Did we mention? As we stated, the following closing codes will be discontinued after January 1, 2008: C – Referred After Legal Assessment D – Insufficient Merit to Proceed E – Client Withdrew, and J – Change in Eligibility Status

12. Closing code changes • A. Counsel and Advice: • B. Limited Action: RENAMED • F. Negotiated Settlement without Litigation: • G. Negotiated Settlement with Litigation: • H. Administrative Agency Decision: • I. Court Decision: REVISED & AMENDED (a) Uncontested Court Decisions (b) Contested Court Decisions (c) Appeals: • K. Other: • L. Extensive Service (not resulting in Settlement or Court or Administrative Action): NEW

13. DEFINITIONS • Closure Category A – Counsel and Advice • A case closed in which the program provided legal advice to an eligible client. (e.g., the advocate ascertained and reviewed relevant facts, exercised judgment in interpreting the particular facts presented by the client and in applying the relevant law to the facts presented, and counseled the client concerning his or her legal problem)

14. DEFINITIONS • Closure Category B – Limited Action • A case closed in which the program took limited action(s) on behalf of an eligible client that addressed the client’s legal problem that is not so complex or extended as to meet the requirements for Closing code Category L.

15. DEFINITIONS • Closure Category F – Negotiated Settlement Without Litigation • A case closed in which the program negotiated and reached an actual settlementon behalf of a client without any court or administrative actions pending. • This category should be reserved for cases in which the program conferred with another party so as to reach a resolution of the client’s legal problem.

16. DEFINITIONS • Closure Category G – Negotiated Settlement With Litigation • A case closed in which the program negotiated and reached an actual settlement on behalf of a client while a court or formal administrative action was pending. This category should be reserved for cases in which the program conferred with another party so as to reach a resolution of the client’s legal problem.

17. DEFINITIONS • Closure Category G – Negotiated Settlement With Litigation (continued) This category includes only: (1) cases in which an appearance has been entered before a court or administrative agency as counsel of record; or (2) cases in which the settlement was reached prior to the program’s entry as counsel of record, provided that the program was actually representing the client. In the second instance, there should be documentation of the settlement in the case file – preferably a copy of the actual settlement agreement, written confirmation of the settlement with the opposing party, or, if neither of these are available, a copy of a communication to the client outlining the terms of the settlement.

18. DEFINITIONS • Closure Category H – Administrative Agency Decision • A case closed in which the program represented a client in an administrative agency action that resulted in a case-dispositive decision by the administrative agency or body, after a hearing or other formal administrative process.

19. DEFINITIONS • Closure Category I. – Court Decision • A case closed in which the program represented a client in a court proceeding that resulted in a case dispositive decision made by the court. This category is divided into the following three subcategories: • Uncontested Court Decisions – either there is no adverse party or the adverse party does not contest the case; • Contested Court Decisions – there is an adverse party and that party contests the case; • Appeals to an appellate court taken from a decision of any court or tribunal. This category does not include appeals or writs taken from administrative agency decisions or lower trial court decisions to a higher level trial court acting as an appellate court, whether they are on the record or de novo proceedings.

20. Administrative law & court decisions • Only cases in which the program attorney or advocate or pro bono attorney is entered as counsel of record may be closed as Closure Category H (administrative decision) or I (court decision). • Assistance to pro se litigants cannot be closed in Closure Categories H or I. • You do not include settlements made during the course of litigation approved by the administrative agency or court, voluntary dismissals or the grant of a motion to withdraw as counsel. However, although it may not be technically case dispositive, a case closed after a TRO or similar interim order made on the merits has been entered, may be closed in this category when the litigation is not pursued further.

21. DEFINITIONS • CSR Closure Category K – Other • A closed case that does not fit any of the other CSR case closure categories. • Cases which fit two or more CSR categories may not be closed in this category, but should be closed in the category which best reflects the level of service provided.

22. DEFINITIONS • Closure Category L – Extensive Service (not resulting in Settlement or Court or Administrative Action) • A case closed in which the program undertook extensive research, preparation of complex legal documents, extensive interaction with third parties on behalf of an eligible client, or extensive on-going assistance to clients who are proceeding pro se.

23. DEFINITIONS Closure Category L – Extensive Service (cont) • Some examples of extensive service include the preparation of complex advance directives, wills, contracts, real estate documents or other legal documents, or the provision of extensive transactional work.

24. Are you still following along? We are almost done!

25. Now to test your knowledge: How would you close the following cases 1) You file pleadings in court, the other side fails to appear & you obtain a default judgment. 2) You enter an appearance before an administrative tribunal & negotiate a settlement with the agency. 3) Your cases involving multiple levels of assistance

26. Testing your knowledge 4) You engaged in communications by letter, telephone or other means to a third party; 5) You prepared of a simple legal document such as a routine will or power of attorney; 6) You provided legal assistance to a pro se clientthat involves assistance with preparation of court or other legal documents. 7) You just helped someone by providing some Pro Se pleadings. 8) You referred someone to a local Alternative Dispute Resolution program.

27. Testing your knowledge 9) You have agreed to a settlement, negotiated with an administrative agency prior to the filing of a formal administrative proceeding. 10) You answered some questions at a workshop you attended. 11) Your program’s web site provides information , assistance & legal information. 12) You just settled a case through court ordered mediation.

28. Testing your knowledge 13) You just entered into a settlement of pending court or administrative actions and the court or administrative agency issues an order memorializing the settlement. 14) You entered into a settlement with a landlord but did not appear in court. 15) You obtained a TRO but after months go by, your client disappears

29. Testing your knowledge 16) You just entered into a settlement made during the course of litigation that was then approved by the administrative agency. 17) You filed a voluntary dismissal or the grant of a motion to withdraw as counsel. 18) You just resolved your case informally through contacts with an administrative agency, but without any formal administrative agency action.

30. Testing your knowledge 19) You are about to close your case after extensive interaction or negotiations with another party which do not result in a negotiated settlement. 20) You are about to close your case after litigation is initiated in which the program appears as counsel of record but it does not result in a negotiated settlement, administrative agency or court decision.

31. Answers • You already know them so there is no need to give them right? • Great job! • (but just in case)- next chart

32. Answers • 1. I. Court Decision: (a) Uncontested Court Decisions • 2. G. Negotiated Settlement with Litigation • 3. You report only the highest level of service provided when a program provides more than one type of assistance to a client during the same calendar year when attempting to resolve essentially the same legal problem, as demonstrated by the factual circumstances giving rise to the problem.

33. Answers • 4. B.Limited Action • 5. B.Limited Action • 6. B.Limited Action • 7. B.Limited Action • 8. No Case • 9. F.Negotiated Settlement without Litigation:

34. Answers 10. Depends- if application taken and accepted; specific facts provided- then A. Counsel and Advice: if not, no case. 11. No Case 12. G.Negotiated Settlement with Litigation: 13. G.Negotiated Settlement with Litigation:

35. Answers • 14. Maybe B. Limited Action, or F. Negotiated Settlement without Litigation. 15. L. Extensive Service 16. G. Negotiated Settlement with Litigation 17. L. Extensive Service

36. Answers • 18. Maybe B. Limited Action or maybe F. Negotiated Settlement without Litigation- depending upon level of service. • 19. L. Extensive Service • 20. L. Extensive Service

37. New Legal Problem Codes New Major Benefits (Outcomes) • The list of common types of legal problems experienced by clients (and self explanatory) and are assigned a numeric Legal Problem Code ranging from one to 99 describing the type of legal problem. Legal Problem Codes are grouped in ten broad Legal Problem Categories. There are 37 new and or revised law problems within the ten broader categories • The major benefit section is to report client benefits achieved on all cases closed during the fiscal year. Grantees are to count the ONE most significant outcome achieved for each case as cases can only be counted once in this section. There are 28 new benefits added.

38. New (or revised)Legal Problem Codes • CONSUMER/FINANCE • 04 – Collection Practices/Creditor Harassment • 05 – Predatory Lending Practices (Not Mortgages) • 08 – Unfair and Deceptive Sales and Practices (Not Real Property)   • EDUCATION • 11 – Student Financial Aid • 12 – Discipline (Including Expulsion and Suspension) • 13 – Special Education/Learning Disabilities • 14 – Access (Including Bilingual, Residency, Testing) • 15 – Vocational Education • EMPLOYMENT • 22 – Wage Claims and other FLSA (Fair Labor Standards Act) Issues • 23 – EITC (Earned Income Tax Credit) • 24 – Taxes (Not EITC) • 25 – Employee Rights • 26 – Agricultural Worker Issues (Not Wage Claims/FLSA Issues)

39. New (or revised)Legal Problem Codes • JUVENILE • 43 – Emancipation • 44 – Minor Guardian/Conservatorship • HEALTH • 53 – Government Children’s Health Insurance Programs • 54 – Home and Community Based Care • 55 – Private Health Insurance • 56 – Long Term Health Care Facilities • 57 – State and Local Health • HOUSING • 62 – Homeownership/Real Property (Not Foreclosure) • 63 – Private Landlord/Tenant • 65 – Mobile Homes • 66 – Housing Discrimination • 67 – Mortgage Foreclosures (Not Predatory Lending/Practices) • 68 – Mortgage Predatory Lending/Practices

40. New (or revised)Legal Problem Codes • INCOME MAINTENANCE • 71 – TANF • 72 – Social Security (Not SSDI) • 78 – State and Local Income Maintenance • INDIVIDUAL RIGHTS • 85 – Civil Rights • 86 – Human Trafficking • MISCELLANEOUS • 91 – Legal Assistance to Non-Profit Organization or Group (Including Incorporation/Dissolution) • 93 – Licenses (Drivers, Occupational, and Others) • 96 – Advance Directives/Powers of Attorney • 97 – Municipal Legal Needs

41. New Outcome Benefits • CONSUMER • 205 Stopped or avoided predatory lending practices • EDUCATION • 1100 Avoided fraudulent student financial aid practices • 1101 Avoided corporal punishment or delayed suspension or expulsion • 1106 Avoided barriers to educational services • EMPLOYMENT • 2201 Obtained wages, back (or equal) pay or overtime due • 2301 Obtained assistance in applying for EITC • 2401 Obtained taxpayer advocacy assistance with Federal income taxes • 2501 Enforced employee rights under state or federal law • 2601 Addressed issues adversely impacting agricultural workers • FAMILY • 3301 Obtained guardianship (adult) • 3302 Prevented guardianship (adult)

42. New Outcome Benefits • JUVENILE • 4301 Obtained emancipation of minor • 4401 Obtained protection of rights by representing minor in guardianship or conservatorship • HEALTH • 5301 Obtained, preserved or increased Children’s Health Insurance Program benefits • 5401 Obtained, preserved or increased home and/or community based care benefits • 5501 Obtained, preserved or increased private health insurance benefits • 5601 Obtained , preserved or increased access to long term health care facilities • 5701 Obtained, preserved or increased assistance in filing for Crime Victim's Compensation • HOUSING • 6201 Obtained assistance in homeownership • 6501 Prevented loss of /or eviction of mobile home • 6601 Overcame, or obtained redress for, discrimination in obtaining or keeping housing • 6701 Avoided or delayed foreclosure or other loss of home • 6801 Rescinded, modified and/or avoided mortgage because of predatory lending practices

43. New Outcome Benefits • INCOME MAINTENANCE • 7802 Obtained, preserved or increased assistance in filing for Crime Victim's Compensation • INDIVIDUAL RIGHTS • 8601 Prevented and/or obtained relief from, the battery or cruelty, sexual assault or trafficking, or related crimes, for victims of trafficking or family members • MISCELLANEOUS • 9103 Obtained tax exempt status • 9104 Obtained judicial relief • 9302 Obtained occupational license

44. Questions & Answers

45. Thanks for your attention and it should be smooth sailing from here on right??