Priorities

   LEGAL AID SOCIETY OF SAN DIEGO, INC.

PRIORITIES BASED ON THE MOST CRITICAL LEGAL NEEDS CASES AND MATTER, GOALS, AND OBJECTIVES/MEASURABLE OUTCOMES

1. HOUSING

a. Cases: i. Defending tenants in termination of tenancies by private landlords. ii. Defending participants facing termination of benefits by public housing agencies in administrative proceedings. iii. Suing on behalf of tenants who have claims against their landlords relating to violations of housing standards or housing laws. iv. Appeal appropriate cases in which there has been manifest injustice where clarification of the law is required or desirable.

b. Matters - i. To assist tenants in presenting their own claims using demonstrative evidence in a persuasive and organized way despite lack of verbal skills or language barriers. ii. To assist tenants in successfully utilizing alternative resolution methods such as mediation, arbitration and counseling programs.

c. Goals - i. To have a legal worker speak with 90% of the people who call to evaluate the merits of their problems.  -  ii. To represent eligible persons with a meritorious defense by either litigating or negotiating to achieve the client's objectives. iii. To .give legal advice to as many callers as possible to improve the overall legal sophistication of the tenant community. iv. To improve the condition of the housing stock by encouraging tenants to assert their right to safe decent housing. v. To counsel every eligible person who has been treated unfairly by a public housing agency and represent that person at any administrative hearing, and publicize our availability for this service to public and private agencies. vi. To give advice to every caller in assisted housing to improve the overall sophistication of subsidized tenants. vii. To encourage tenants to bring their meritorious claims before the small claims courts. viii. To apply for further grants to maintain and increase staff to actively encourage tenants to participate in forums on tenants issues, and to assist tenants' organizations.  ix. To apply for further grants to maintain and increase staff to outreach to tenants of assisted housing to assist in their adapting to the elimination or changing character of their subsidies.

d. Measurable Outcomes - i. Provide at least telephonic advice to no less than 2200 callers.  ii.. Go to court and represent no less than 225 clients. iii. Distribute 500 tenants' rights manuals covering the problems actually faced by our clients. iv. Conduct 10 community education programs on tenants’ rights. v. Assist in the software review and deployment of "I-CAN" computer kiosks (self-help touch screen computers that prepare pro se pleadings for un-represented litigants) for unlawful detainer answers, to improve client access to the Courts and to increase their chances of a successful outcome. vi. Assist in developing materials and strategies for at least 15 community education programs and workshops on tenant rights, tenant organizations and housing issues to serve as models for use throughout the State. 

2. INCOME MAINTENANCE

a. Cases - i. Assist eligible clients with denials, terminations and reductions of needs-based subsistence benefits. ii. Assist with overpayments or under payments of benefits cases. iii. Assist with denial or termination of ancillary benefits to cash aid; including access to child support, child care, mental health and substance abuse treatment. 

b. Matters - i. Conduct community presentations on needs based subsistence benefits.  ii. Distribute self-representation packets and educational flyers on benefits programs. iii. – Work with the local and state welfare offices to improve the procedures for obtaining and maintaining benefits. iv. - Work with community based programs, recipients, providers, agencies to improve the procedures for obtaining benefits.

c. Goals - i. Assist clients in understanding and maintaining benefits sufficient to meet their basic needs, especially families with children and persons with temporary or permanent -disabilities. ii. Assist with the removal of obstacles to receipt of benefits. iii. Improve access to benefits to allow recipient to maintain dignity and to become more self-sufficient.

d. Objectives Measurable Outcomes - i. Assist 551 clients with Income Maintenance problems, representing 111 at administrative hearings or negotiations; ii. - Distribute 113 educational flyers or self representation packets. iii. Conduct 6 community education presentations. iv. Meet with the state and/or county governmental agencies at least 3 times a year to improve access to CAL WORKS, Food Stamps, and other benefits.

3. FAMILY LAW

a. Cases - i. Representation of eligible clients in contested family law cases involving custody, support, abduction and/or visitation of minor children. ii. Obtain court rulings on issues relating to marital dissolution matters as well as non marital or paternity cases.  iii. Seek restraining orders for custodial parents experiencing domestic violence. iv. Render advice in uncontested cases or those where direct representation is not required. v. Coordinate cases from other jurisdictions with other legal services programs.

b. Matters - i. Conduct community education sessions at local colleges, high schools, resource fairs and social service agencies.   ii. Refer self represented litigants to LASSD outreach clinics funded by other sources.

c. Goals - i. Preserve the rights of parents who have taken on the responsibility of primary care givers, those granted child custody orders, and those facing frustration of visitation rights. 

d. Objectives Measurable Outcomes - i. Assist 600 clients with family law problems, including representing 60 at hearing or trial level. ii. Conduct 4 community education presentations to organizations and/or eligible client groups.

4. CONSUMER LAW

a. Cases - Identity theft, car purchases, car financing, car repair problems, car repossession, car deficiencies, debt collection harassment, garnishments, credit and credit reporting problems, medical bills, bankruptcies, utility bills, purchases of goods, repair of goods, warranties of goods, liens on property, consumer loans, post judgment collection activities, predatory lending and unfair and deceptive sales practices. 

b. Matters i. Conduct community presentations on consumer rights and protections.  ii. Lecture to attorneys and other organizations regarding consumer rights and protections. iii. Provide support to other consumer oriented organizations. iv. Prepare consumer information material on car purchases and debt collection.

c. Goals - i. Provide consumer legal representation to persons with the above problems in order to empower them to make correct consumer decisions; ii. Represent the indigent on the above consumer issues against those who would prey on them; iii. Lecture to other community based organizations so that they can empower their clients to make correct consumer decisions.

d. Objectives/Measurable Outcomes - i. Assist 550 clients with consumer issues; including representing 10 clients litigating car purchases and/or repair issues. ii. Conduct 8 community education presentations to community based organizations and eligible clients. iii. Distribute 200 brochures on the above consumer issues to eligible clients and community agencies.

5. JUVENILE LAW AND EDUCATION

a. Cases - i. Delinquency: mediation, probation meeting, diversion, ii. Education: discipline hearings, special education. iii. Emancipation.

b. Matters - Mediation prior to delinquency hearings.

c. Goals - i. Educate teenagers regarding legal obligations of parents. ii. Preserve the extended family. iii. Protect abused, neglected teenagers. iv. Ensure free, appropriate education required by law.

d. Objectives/Measurable Outcomes - i. Prepare 50 minors for rights/obligations of emancipation, parenthood. ii. Assist 25 minors seeking emancipation to relieve poor home conditions or create a stable environment. iii. - Handle 15 education hearings and 25 intra-family mediations.

6. INDIVIDUAL RIGHTS

a. Cases - i. Assist eligible clients in obtaining and proving U.S. citizenship. ii Assist and advise eligible clients regarding meritorious immigration and nationality matters. iii. Assist U.S. citizens and eligible aliens regarding petitioning for their close relatives. iv. Assist eligible clients regarding obtaining and retaining immigration benefits.

b. Matters - i. Prepare and distribute materials for use by volunteers and community-based organizations in providing immigration and nationality assistance. ii. Perform community education on immigration and nationality laws. iii. Update and distribute pamphlets on immigration and nationality law and the rights and obligations of immigrants.

c. Goals - i. Obtain and prove U.S. citizenship for eligible individuals. ii. Reunite families by obtaining and maintaining immigration status and benefits for eligible clients. iii. Correct significant misinformation and ignorance in the community regarding immigration laws. 

d. Objectives/Measurable Outcomes - i. Assist at least 400 eligible clients in immigration and nationality matters, including representing 34 individuals in matters before the Immigration and Naturalization Service or the Executive Office for Immigration Review. ii. Perform at least 5 community education sessions on immigration and nationality law. iii. Prepare and distribute informational pamphlets and materials.

7. HEALTH

a. Cases - i. Provide access to quality health care. ii. Help clients navigate managed care system. iii. Advocacy for clients in Medi-Cal (Medicaid) fair hearings.  iv. Enforcing and protecting the rights of the mentally ill.

b. Matters  -  i. Develop and distribute materials for community education on various health issues. ii. Conduct numerous community education sessions with community decision makers, community based organizations and client groups. iii. Training of other community based organization staff members to recognize and, resolve simple health access issues and refer more complex matters to Legal Aid Society of San Diego, Inc.

c. Goals - i. Assist clients in understanding and maintaining health benefits.  ii.. Assist clients with removal of obstacles to the receipt of benefits. iii. improve access to quality health care.

d. Objectives! Measurable Outcomes - i. Assist 1500 clients with health issues, represent 350 at administrative hearings or in negotiations. ii. Conduct 75 consumer client education outreach events with1500 participants. iii. Conduct 25 community based education outreach and/or training events with 750 participants. iv. Community education at least twelve (12) times a year for state and local decision makers to improve access to quality health care.

Analytical Process Used to Determine Priorities - The most critical legal needs, as set forth in part "2" above dealt with the basic issues of shelter, medical care, financial survival, and getting value for that amount of money spent for needed services. Additionally, obtaining educational opportunity, self sufficiency and freedom to work and live in the service area were all major critical legal needs. LASSD reviewed these needs and analyzed their combined effects upon the target population. When the needs were linked together, they offered a holistic perspective of our clients’ situations.  Seldom do individuals have a single legal need, rather the force and totality of poverty upon them drives a series of consequences. General priorities were defined to establish that perspective: Support for families; preserving the home; maintaining economic stability; safety, stability and health; and populations with special vulnerabilities.  From these general priorities we chose the substantive areas of practice from which, as a law firm, we could best (within the cases, matters, strategies and goals defined by specific client needs) serve our clients' priorities: Housing, Health Income Maintenance, Individual Rights, Family, Consumer/Finance, Education and Juvenile law. 

Review of priorities and of what the review consists - The priorities are reviewed every year by LASSD Board of Directors members and program staff with significant input from the private bar and client eligible persons at LASSD's annual retreat. Statistical data, progress reports on various goals and objectives, and reports on the effects of LASSD's activities upon accomplishment of goals as well as anecdotal information regarding client critical needs is provided to the Board. At the end of the retreat, the full Board then decides whether to maintain, adjust or modify various priorities and/or subsets of cases, matters, goals and/or objectives measurable outcomes.

Other Legal Resources- LASSD, in meeting its final obligation to set priorities according to critical client needs, looked at additional resources that were/are available to the client community.

Unemployment and employment discrimination issues are handled by the State Labor Commissioner, and the State Fair Employment and Housing Practices Administration as well as the Federal Equal Employment Opportunity Commission.  Each of these agencies has straightforward and user-friendly processes for individuals to avail themselves of these types of services without the need of a lawyer or legal representative.  The systems are geared to handle individuals representing themselves.  Those individuals can easily obtain a hearing or representation from the State in these types of problems.  Potential lawsuits are fee generating and clients can access attorneys through the San Diego County Bar Association’s Lawyer Referral Service.  The Senior Citizen Legal Services organization provides some services but only to those sixty years of age and older.  The North county Lifeline has a brief advice night clinic run by volunteer lawyers without significant poverty law experience.

Simple disputes and claims for money between individuals are easily addressed in the Small Claims court which has a jurisdiction of $5,000.  The county of San Diego provides Small claims Hotline attorney advisors to assist people who need to file in this venue.

Therefore it was determined that these types of disputes would not be a top priority at LASSD.  Finally, the San Diego Volunteer Lawyer Program provides clinical assistance at certain court locations in the County.  LASSD has an informal agreement allocating different venues between the two organizations to insure cooperative coverage of the entire service area as best as is possible, given the limited resources of each organization.

Other than the above-mentioned resources, there are almost no other entities that can provide free legal assistance for the poor.  Therefore, LASSD was able to pare down the types of cases to be handled by the aforementioned groups, but, other than unemployment and employment law, did not find resources sufficient to assist all those who needed help within any other critical need.

REPORT ON COMPLIANCE WITH PL 104-134

SECTION 504(a) (9)  -  PRIORITIES

The Legal Aid Society of San Diego, Inc. (LASSD) shall provide legal assistance to the eligible client populations through “cases”, including client advice, assistance, and representation, as appropriate, and through “matters” including community education, pro se clinics, training, informational materials, and private attorney involvement, as appropriate, in the substantive areas of consumer/finance, education, family, juvenile, health, housing, income maintenance, individual rights and criminal (by specific contract with the City of San Diego)

The “cases” and “matters” enumerated above, and the substantive areas in which they will be provided, also enumerated above, shall be provided only when the provision of legal assistance in these areas and in these “cases” and “matters” are consistent with the following LASSD priorities.

SUPPORT FOR FAMILIES

The cohesiveness of the family is not only a time-honored value fundamental to our American way of life but also to under girding of the stability of our American society.  LASSD takes cognizance of the vulnerability of American families to problems requiring legal assistance for their resolution.  LASSD places a high priority on those cases in which legal assistance supports the integrity, safety and well-being of the family.

PRESERVING THE HOME

Preservation of housing is essential to the well-being of every person.  Enabling individuals and families to avoid loss of their housing is an important priority for LASSD as is assistance to those families or individuals who have become homeless.

Of equal importance to LASSD is the assurance that families can be safe and secure in their places of residence.  LASSD places a high priority on the representation of individuals and families threatened by unsafe or unhealthy conditions in both public and private housing.

MAINTAINING ECONOMIC STABILITY

Families must be economically viable in order to survive.  LASSD gives high priority to cases in which the families’ source of income is at risk.

SAFETY, STABILITY AND HEALTH

Obtaining judicial remedies for domestic violence and representation in legal separation or divorce are essential to sustain what may remain of a viable family structure.

LASSD places a high priority on representation in cases and matters involving access to health care as an essential component to the preservation, security and stability of families.

POPULATIONS WITH SPECIAL VULNERABILITIES

LASSD will pay particular attention to vulnerable individuals within our service area who, in addition to being in a marginal economic status, are less capable of fending for themselves by reason of difference in language, cultural and educational backgrounds, disability or other special problems of access to legal assistance or special legal needs.

THE DELIVERY OF LEGAL SERVICES

LASSD places a high priority on the maximum use of available technology in screening, researching and responding to client needs.

LASSD considers it a high priority to develop and implement, as appropriate for the area of law, centralized intake through hotlines, computerized network and telephone intake systems, which can result in a  more efficient use of time.  Similarly, LASSD recognizes that community and legal education, pro per representation and other forms of self-help can reduce the need for legal intervention, enabling LASSD to conserve resources.

LAASD hereby specifically enumerates and adopts as a high priority the provision of “brief advice and referral”, to all callers to the program regardless of their specific legal problems.  However, it is noted that LASSD recognizes that any service beyond brief advice and referral shall be in the priority areas enumerated herein.

LASSD places a high priority on activities designed to involve the entire community in sharing the responsibility for facilitating access to justice.  Special attention shall be accorded to the involvement of the private bar in the provision of pro-bono client representation, in the training of staff and volunteers, and in providing both direct financial support and assistance through fundraising.

BOARD POLICY AND PROCEDURE FOR EMERGENCIES

LASSD legal workers may provide legal assistance in cases and matters involving client problems not specifically listed in the established priorities enumerated above, under the following circumstance:

1. The need for immediate legal action or intervention to protect the client’s rights;

2. A significant threat to the health and safety of the applicant for which no other legal help is available;

3. Issues that arise because of new and unforeseen circumstances such as natural disasters, changes in the law or other emerging legal issues not anticipated when priorities were set.

The individual LASSD legal worker will make the initial determination that a particular case constitutes an emergency.  That individual legal worker shall document the existence of the emergency in the case narrative and provide the needed service.  A copy of the case narrative initialed by the LASSD legal worker shall be promptly transmitted to the immediate supervisor and the Executive Director and Chief Counsel.

If a particular emergency will require work to be done which will take more than a 72 hour prior (not including weekends), the LASSD legal worker shall bring the emergency to his or her immediate supervisor or senior attorney for approval, and such approval shall be recorded in the case file and forwarded it to the Executive Director and Chief Counsel.