Posts

Ministering To Puerto Rico’s Pain: Civil Legal Aid Lawyers Assisting Those Seeking Mass. Refuge

This post first appeared on WGBH News.

By Jacquelynne Bowman and Lonnie Powers

Five months after Hurricane Maria devastated Puerto Rico, the situation on the island remains dire, and states throughout the nation have welcomed Puerto Rican refugees—who are U.S. citizens—to the mainland. Here in Massachusetts, several thousand Puerto Ricans have sought refuge with friends and relatives, mostly in SpringfieldNew BedfordWorcester, and Boston. Massachusetts public schools have already enrolled approximately 2,000 students from the hurricane-ravaged island. In his state of the Commonwealth address this week, Governor Charlie Baker said that state agencies are working to streamline services for thousands of Puerto Rican residents as they settle in Massachusetts. And he has previously said that Puerto Rican refugees would be in need of “financial assistance, housing, health care, jobs or reunification services.”

These new residents will also require civil legal assistance. Civil legal aid attorneys have long played a critical role in helping people recover from natural disasters. They accelerate the recovery process for people with limited financial resources by helping them resolve housing issues, replace important legal identification papers, make insurance claims, apply for FEMA benefits, combat contractor scams that often proliferate in the aftermath of widespread property destruction, and deal with other unforeseen legal matters that surface in chaotic times. Even child custody issues can arise if a parent is forced to seek safety far from their storm-damaged residence.

That’s why the Louisiana Civil Justice Center (LCJC), an organization founded in the aftermath of Hurricane Katrina to provide disaster legal aid to its victims, sprang into action last September after Hurricane Irma lashed the Virgin Islands, followed shortly thereafter by Hurricane Maria’s wrath. In partnership with FEMA and the American Bar Association, LCJC deployed its disaster legal hotline as a central intake point for hurricane victims to receive legal information and referrals to appropriate agencies and legal advocates.

“The devastation in the U.S. Virgin Islands and Puerto Rico is likely to be a Katrina-level event,” said LCJC Executive Director Jonathan Rhodes in announcing the plan. “Of the many lessons learned from Hurricane Katrina, we know the value of legal assistance as survivors rebuild homes and communities.”

This burgeoning need was very much on the minds of attorneys lobbying the state legislature a few weeks ago for increased investment in civil legal aid. Chief Justice Ralph Gants of the Supreme Judicial Court addressed over 650 attorneys at the State House before they fanned out to meet with lawmakers, and reminded them of the increased burden on civil legal aid programs that will be assisting numerous Hurricane Maria refugees.

As civil legal aid programs in Massachusetts rise to meet the needs of Hurricane Maria refugees, they do so on top of existing needs among some of the Commonwealth’s most vulnerable residents. Civil legal aid programs help people avoid homelessness and unemployment, gain access to health care and veterans’ services, receive a quality education, and escape domestic violence. Currently, lack of funding forces civil legal aid programs in Massachusetts to turn away approximately 65 percent of eligible residents who seek services—nearly 45,000 people each year. To be eligible for civil legal aid, applicants must have incomes at or below 125 percent of the Federal Poverty Level, which is $31,375 a year for a family of four.

The work of legal aid programs does not just benefit clients. The return on the state’s investment in civil legal assistance is high. In fiscal year 2016, new revenue for legal aid clients and cost savings to the Commonwealth from legal aid work totaled an estimated $49.2 million, of which $15.9 million was in the form of new federal revenue.

But that’s not why we should invest more in civil legal aid. As Gants also reminded us on Thursday, the best way to judge a society is by how it treats its most vulnerable members. Those who are eligible for civil legal aid, among them Hurricane Maria refugees, are among our most vulnerable neighbors and we should be giving them all the help they need.

Lonnie Powers is the Executive Director of the Massachusetts Legal Assistance Corporation. Jacquelynne Bowman is the Executive Director of Greater Boston Legal Services.

MetroWest Legal Services: Fighting for Equal Justice for Over 40 Years

By John Carroll

The service area of MetroWest Legal Services (MWLS) encompasses the soon-to-be-city of Framingham (town residents voted to transition to city status as of Jan. 1, 2018) and 44 surrounding towns west of Boston. Despite a staff of just 22—including 15 full-time attorneys, the organization assists over 2,500 low-income people a year in resolving non-criminal legal matters related to basic but essential needs like housing, health care, protection from domestic abuse, and child support. Needless to say, the MWLS office is usually a pretty busy place.

Nonetheless, Tuesday, August 22 was more hectic than usual. By noon that day, three homeless families turned up at MWLS after being told they did not qualify for state-run Emergency Assistance (EA) shelter. Two of the families weren’t even allowed to fill out an application—they were simply turned away after cursory interviews in which they attempted to briefly explain the complex circumstances of their homelessness. These three families brought the total number of homeless families seeking MWLS’s help getting emergency shelter over 10-day period to six.

“As I heard these stories, one was worse than the next,” wrote MWLS Executive Director Elizabeth “Betsy” Soulé in a recent MWLS newsletter. A mother and child sleeping in their car at a local park. A mother and her severely autistic child who fled domestic violence in another country were made to leave the apartment of the mother’s sister, lest the sister be evicted. A disabled veteran, his recently unemployed wife, teenage son, service dog and aging cat who had been sleeping in their car for two months. The reasons they were turned away from emergency shelter were senseless. The mother and child sleeping at the park, for example, were denied because, lacking a camera or a phone with a camera, they couldn’t produce photographic evidence that they were sleeping in their car.

Fortunately, after a day and a half of meetings and negotiations with the legal department of the state agency that administers emergency shelter, MWLS saw to it that these families received the services they needed. Even better, in the interim, a generous MWLS donor provided funds to rent hotel rooms for the stranded families.

Aside from housing, MWLS includes units dedicated to elder issues, special education, domestic violence, immigration, victims of crime, worker related issues, and others, as well as an innovative medical-legal partnership with the Edward M. Kennedy Community Health Center in Framingham.

MWLS was founded in 1976 as an arm of the South Middlesex Opportunity Council. Since then, it has merged through several iterations into the multi-service legal office that it is today. Soulé’s tenure at MWLS stretches nearly 30 years to 1988, when she joined the organization as a supervising attorney. She has served as executive director since 2008, overseeing MWLS’s vast service area, which encompasses 25-30 House districts and 10 Senatorial districts, with political aplomb. Soulé knows all of the area’s elected officials, and they know her. They also know that she serves their mutual constituents very well. With more than 40,000 people living in poverty in the MWLS service area, Soulé does her best to see that all eligible citizens are served well, but she knows the blanket is too small for the bed. As she lamented in a local newspaper profile on the occasion of the MWLS’s 40th anniversary last year, “there are just way more people who need our help than we can reach because of a lack of resources.

Despite the daily struggle to meet the needs of as many clients as possible, MWLS staff are deeply committed to working to remove barriers to justice for low-income people west of Boston.

“Nobody goes into this for the money,” Soulé told the Boston Globe last year. “They’re doing it because it’s important and they’re committed to the mission. It’s tough work. It’s intense work, but the benefits literally mean the difference between life and death sometimes.”

***

John Carroll is a partner at Meehan, Boyle, Black and Bogdanow, and the immediate past chair of the Equal Justice Coalition. He is a 2016-2017 fellow with the Access to Justice Fellows Program, a project of the Massachusetts Access to Justice Commission and the Lawyers Clearinghouse that enables senior lawyers and retired judges to partner with nonprofit organizations, courts, and other public interest entities to increase equal justice for all.

Prisoners’ Legal Services: Working to Depoliticize Incarceration

By John Carroll

On May 16, 2017, the Massachusetts Supreme Judicial Court ruled that the Americans with Disabilities Act applies to mentally and physically disabled prisoners seeking parole, requiring  the state  to assist them in developing release plans that address their disabilities with an eye toward reducing the chances that the paroled individual will re-offend and be returned to prison.

Prisoners’ Legal Services (PLS) filed an amicus brief supporting the plaintiff, Richard Crowell, in this landmark case and was very pleased with his victory. Ensuring proper health care—including mental health services—for prisoners with serious medical needs is one of the organization’s four litigation priority areas.

PLS’s other litigation priorities are staff brutality, unfair and discriminatory segregation, and unconstitutional conditions of confinement, all of which—along with the health issue—the organization believes have reached crisis proportions in the state. For example, Massachusetts is one of a small handful of states in the country that allows solitary confinement for up to 10 consecutive years for one disciplinary offense. PLS is currently supporting proposed legislation to reform the use of solitary confinement in Massachusetts, and the organization created a powerful seven-minute documentary video about the lasting effects of solitary confinement. The organization is also advocating legislation that would allow for compassionate release, such as was recently granted former House Speaker Salvatore DiMasi at the federal level. Massachusetts is one of only three states that does not provide incapacitated or terminally ill prisoners the ability to die in their community.

Founded in 1972, PLS is funded chiefly by the Supreme Judicial Court and augmented by grants from other funders, notably the Massachusetts Bar Foundation and the Boston Bar Foundation. Led by executive director Leslie Walker, the organization’s small staff of nine lawyers, four paralegals and three support staff serves the entire state and county correctional system. Prisoners and their family members often make contact with PLS through its website or through defense attorneys who alert the organization when they have concerns about how detained or incarcerated clients are being treated within the prison system. Judges occasionally contact them for the same reason. PLS also disseminates a newsletter throughout the correctional system.

Walker’s interest in prisoner’s rights is rooted in her experience representing an inmate on an administrative charge—which she ultimately proved untrue—as a young Northeastern University law student. She recalled how her client once pointed out to her that, among the 45 prisoners in his cell block, many were relatives and friends from the client’s neighborhood. At that point she realized that crime is a byproduct of poverty. The more Walker studied the field, the more she wondered about the purpose of punishment in light of statistics showing that more than 40 percent of prisoners in Massachusetts will be re-incarcerated within three years.

Prison does not prepare prisoners to re-enter society, Walker concluded. They leave with few marketable skills and because of their criminal record, many are barred from living with their families in public housing, families that could potentially provide material and emotional support, creating a recipe for failure in the free world.

Over time, Walker’s philosophy on incarceration has evolved into three principles: 1) reward good behavior 2) ignore bad behavior if you can, and 3) punish in as limited a manner as possible.

“If we viewed corrections in a less politicized way, with a greater respect for the intrinsic dignity of the of the incarcerated population,” says Walker, “we would see that building more jails reinforces the problem rather than reducing it.”

***

John Carroll is a partner at Meehan, Boyle, Black and Bogdanow, and the immediate past chair of the Equal Justice Coalition. He is a 2016-2017 fellow with the Access to Justice Fellows Program, a project of the Massachusetts Access to Justice Commission and the Lawyers Clearinghouse that enables senior lawyers and retired judges to partner with nonprofit organizations, courts, and other public interest entities to increase equal justice for all.

Community Legal Aid: Fighting Poverty and Working for Justice for Over 50 Years

By John Carroll

When she sought help from Community Legal Aid (CLA), Brittany was a single, working mother from Central Massachusetts who put her children to bed each night on the floors of the homes of her family and friends. With no stable living arrangements and very little money, she had lost her sense of safety and security.

Prior to becoming homeless, Brittany (whose name has been changed to protect her privacy) and her two young sons had been living in a mold-infested apartment with heat that didn’t go above 52 degrees. After she was hospitalized with pneumonia, she fell behind on the rent because she was unable to work. Her landlord took her to court and the family was forced to pack up and leave. Unable to find suitable housing, Brittany applied for emergency shelter but was denied.

CLA helped put Brittany and her children back on the road to stability and independence. Because she had fallen behind on her rent for legitimate medical reasons, her CLA attorney successfully argued that the state had wrongfully denied the emergency shelter for which she was eligible. Soon she and her children were safely placed in shelter and began the search for a permanent home without worrying where they’d wind up sleeping every night. Meanwhile, Brittany’s son was worried that he would have to change schools because their shelter was in a different school district. A CLA education attorney stepped in and worked with both towns to ensure Brittany’s son could continue to attend the school that he loved.

Helping low-income families and individuals escape homelessness is just one way CLA serves as a lifeline for thousands of clients each year. CLA provides legal assistance to eligible people in the most basic areas of need: homelessness prevention, employment, education, elder law, immigration, and family law, mostly for domestic violence survivors. CLA’s work is augmented by a panel of approximately 175 private attorneys who annually donate more than 2,700 hours of legal services to the organization.

With a service area that stretches from Worcester to Massachusetts’ western border, CLA serves all of Berkshire, Franklin, Hampden, Hampshire and Worcester counties. It has full-service offices in Worcester, Northampton, Pittsfield and Springfield, along with satellite offices in Fitchburg, Greenfield, Holyoke, North Adams, Southbridge and Milford. No other legal services program in Massachusetts serves such a broad swath of the state.

In addition to covering the largest geographical area of Massachusetts’ regional legal aid programs, CLA’s roots are among the oldest in the state. Most civil legal aid programs trace their birth to President Lyndon Johnson’s “War on Poverty” in 1964, which led to the establishment of the Office of Economic Opportunity and other anti-poverty programs. Having been established in 1951 as the Legal Aid Society of Worcester by a group of attorneys from the Worcester County Bar Association, CLA’s origins precede even those programs.

As it has over the last six-plus decades, CLA will continue to grow and adapt to meet the needs of the most vulnerable residents of Central and Western Massachusetts, ensuring they have access to justice and the dignity that all people deserve, regardless of their ability to pay for legal help.

When her case was resolved, Brittany declared her attorney “a miracle worker.”

“You work so hard,” she said, “and you have gotten my family so far with your kindness alone.”

At CLA, it’s all in a day’s work.

***

John Carroll is a a partner at Meehan, Boyle, Black and Bogdanow, and the immediate past chair of the Equal Justice Coalition. He is a 2016-2017 fellow with the Access to Justice Fellows Program, a project of the Massachusetts Access to Justice Commission and the Lawyers Clearinghouse that enables senior lawyers and retired judges to partner with nonprofit organizations, courts, and other public interest entities to increase equal justice for all.

The Law, Lawyers, And The Courts: The First Line Of Defense Against Donald Trump

(This post was first published on WGBH News.)

by Lonnie Powers

There has seldom been a time when the wisdom of John Adams’s separation of powers among the three branches of government has been more obvious. The doctrine was a crucial innovation of the Massachusetts Constitution and was incorporated into the United States Constitution. The first two months of the new presidential administration have demonstrated the necessity of our system of checks and balances on arbitrary power. Thus far, only the judicial branch has acted as an effective deterrent to the administration’s extraordinary, unrestrained style of governance. The courts have courageously insisted on fidelity to the rule of law.

This was illustrated dramatically in January, when President Trump signed an executive order banning immigrants, refugees, and visitors from seven majority-Muslim countries from entering the country. No warning or guidance was given ahead of time to federal personnel charged with enforcing the ban, which went into effect immediately after it was signed. As a result, legal residents of the U.S. who had been traveling overseas were detained or turned away at airports across the country.

Attorneys flocked to airports, providing free legal aid to individuals and families swept up in the ban. This legal assistance was, in many cases, the difference between people with visas and green cards being allowed into the country or having their lives and livelihoods cast into limbo.
Within days, the ACLU, state attorneys general and individual attorneys won injunctions against the ban in federal courts in Massachusetts, New York and Washington State.

Even with this important check from the judiciary, we have seen alarming cracks in the system. At some airports, Customs and Border Protection agents refused to obey court orders issuing a stay on the ban. And President Trump used his Twitter account to attack a judge who issued a stay on the ban, referring to him as a “so-called judge” and accusing him of putting the country in “peril” with his order. The tweets resulted in threats being directed toward the judge.

Nevertheless, when the Trump administration sought to implement a more narrow travel ban in March, the judiciary responded yet again. Attorneys General of Hawaii and Maryland won court injunctions to stop it, with judges ruling that the ban continues to impose a religious test on those wishing to enter the U.S. Opposition to the religion-based, unconstitutional travel ban is the starkest example yet of the important role our independent judiciary and strong legal profession are playing in the current political environment. They have been fighting on multiple fronts—and readying themselves for more work to come.

Attorneys general in numerous states have sued to prevent the Trump administration from dismantling the Consumer Financial Protection Bureau, which protects consumers by taking action against companies that engage in unfair, deceptive, or abusive business practices. They are also suing to preserve the federal program that reduces harmful emissions from trucks and to prevent the federal government from resurrecting a national accrediting agency that permitted for-profit schools, such as ITT Tech and Corinthian Colleges, to defraud students.

The Trump administration is also proposing to eliminate funding for the Legal Services Corporation (LSC), the federal agency that makes grants to civil legal aid organizations across the country. Just as attorneys helped cut through the chaos created by the Muslim ban, legal aid lawyers untangle smaller-scale but no less devastating non-criminal legal matters like home foreclosure, the denial of veterans’ benefits, dangerous working conditions, or domestic violence by negotiating on behalf of low-income clients or helping them navigate our complex civil court system.

With Trump’s proposed budget that seeks to drastically cut funding to, or eliminate completely, an array of federal agencies and popular programs that help underserved communities and low-income families and individuals, Americans who are already struggling to make ends meet will be squeezed even further. If a fraction of the proposed cuts are enacted, the need for legal representation within these marginalized groups will increase sharply. For families living one paycheck away from homelessness, or a child on the edge of catastrophic illness, civil legal assistance can have outsized influence on the ability to live independently and with dignity in the face of increased hardship.

Sensing the catastrophic potential of leaving low-income Americans to navigate our complicated legal, government, and regulatory systems on their own, the American Bar Association (ABA) is mobilizing the legal community in a grassroots campaign aimed at encouraging lawmakers to preserve the LSC and with it our country’s commitment to making access to justice available to all in our nation who need it.

As the last two months have taught us, the legal system is critical to our democracy.

Lonnie Powers is executive director of the Massachusetts Legal Assistance Corporation.

Civil Legal Aid Can Help Veterans Struggling With Homelessness

By Lonnie Powers

On any given night in the U.S., close to 39,500 military veterans are homeless. Nearly 1,000 of them are in Massachusetts.

These are men and women who have put their lives on the line in the deserts and mountains of Iraq and Afghanistan, and in the jungles of Vietnam. They fought in the Korean War, Panama, Lebanon, and the Persian Gulf. And yet, after all they endured in service to our country, they are sleeping in shelters, and living on the streets or in homeless encampments.

The reasons for their homelessness are complex. There are the general stressors that contribute to homelessness such as a shortage of affordable housing and limited opportunities to earn a living wage, coupled with the fact that military training and occupations don’t always translate well to the civilian workforce. Those issues are compounded by mental health problems that result from, or were exacerbated by, their service and the absence of social support networks. Child support arrears have also been identified as a leading cause of homelessness among veterans.

Recognizing the scale of the problem, in 2010 President Barack Obama launched an initiative aimed at ending veteran homelessness by 2015. As part of that, cities across the country, including a handful in Massachusetts, joined the Mayors Challenge to End Veteran Homelessness. And while the initiative’s ultimate goal has yet to be achieved, homelessness among veterans has fallen nationally by 47 percent in the last six years, while unsheltered homelessness has been reduced by 56 percent. Locally, Lynn became the first Massachusetts city to end veterans’ homelessness earlier this year. Boston has succeeded in housing all but just a small number of veterans who are homeless as of the beginning of this year.

Civil legal aid—free legal assistance or representation for low-income individuals facing non-criminal legal issues—has been an integral part of ensuring our veterans have safe, stable housing. The Department of Justice has noted that four of the most pressing unmet needs of homeless veterans involve legal assistance: preventing eviction/foreclosure, child support issues, outstanding warrants/fines, and restoration of a driver’s license. Recognizing the need, the Department of Veterans Affairs has made grant funding available to legal aid organizations to assist veterans as part of President Obama’s initiative.

In addition to working to get veterans into permanent housing, civil legal aid is often an effective intervention for veterans who are at risk of becoming homeless—an estimated 1.4 million veterans nationwide. For example, several years ago, Legal Assistance Corp. of Central Massachusetts, now known as Community Legal Aid (CLA) helped Iraq War veteran Michael Damon and his family avoid foreclosure on their Uxbridge home. The family fell into financial hardship when war-related injuries left Damon disabled and he was ineligible to receive workers’ compensation. His injuries made him unable to care for his two children, which prevented his wife Lisa from working full-time. It wasn’t long before they received a foreclosure notice. Damon’s legal aid attorney filed suit on the family’s behalf against Countrywide Home Loans and Deutsche Bank. Their case was ultimately settled after their attorney was able to assist the Damons in repurchasing their home with a more affordable mortgage.

In another instance, MetroWest Legal Services (MWLS) succeeded in helping a 17-year Air Force veteran keep a roof over her head after a layoff and a stretch of unemployment brought her close to financial ruin. An MWLS attorney helped the veteran file for bankruptcy and represented her at the hearing, which resulted in the discharge of a large credit card debt—and a more stable financial future.

The theme of Veterans Day this year is “Courage-Honoring All Who Served.” As we honor and thank those who have served in our military, we must remember that for far too many veterans, the perils of service do not end with discharge from the military. If we truly want to honor all of our military veterans, we must ensure that the most vulnerable among them have the services and support they need and deserve to thrive as civilians.

Lonnie Powers is executive director of the Massachusetts Legal Assistance Corporation.

Want justice? Don’t be shy—grab the spotlight

By Lonnie Powers

Civil legal aid organizations are in the business of advancing one of the biggest, boldest ideas ever conceived in our nation: justice for all. It’s an idea with roots in our country’s founding principle that we are all equal participants in our society and thus deserving of equal rights, opportunities, and the protections of the law.

Of course, implementing big, bold ideas requires persistence, imagination, and money. The problem with civil legal aid, which provides legal advice or representation to people struggling to make ends meet, is that it has been severely underfunded since its inception in the late 1800s. Consequently, poor people facing non-criminal legal matters such as eviction, foreclosure, access to educational accommodations, or assistance to escape domestic abuse are left without help. Sadly, this exclusion of millions of Americans from justice remains unseen.

In a history compiled by the Center for Law and Social Policy (CLASP), authors Alan Houseman and Linda Perle note that in the early 1900s “no legal aid program had adequate resources,” and that “legal aid reached less than 1 percent of those in need.” Civil legal aid programs began receiving federal funding in the 1960s as part of the War on Poverty and now also receive funding from IOLTA programs in every state, along with state and local support. (IOLTA stands for Interest on Lawyers Trust Accounts and is the money earned from interest-bearing accounts with funds pooled from lawyers handling nominal or short-term client funds.) Unfortunately, demand for services continues to outstrip supply by an alarming margin; nationally, more than 50 percent of those who seek civil legal aid are turned away due to lack of resources. Here in Massachusetts, the number is even higher, with nearly two-thirds of eligible people seeking legal assistance being turned away.

Funding woes stem in large part from a lack of public knowledge about civil legal aid, despite broad support for the ideals of fairness and justice. The average person simply does not know what civil legal aid is and how its benefits often extend beyond the individuals who receive it to the larger society by bringing about systemic reform, assisting people in remaining independent rather than reliant on government services, and helping our judicial system to run more efficiently. Civil legal aid is not a cause that lends itself easily to catchy slogans, buzz-worthy viral marketing campaigns, or celebrity endorsements.

So what should we do? Sean Gibbons, executive director of The Communications Network, offered some advice in the Stanford Social Innovation Review last February: “At their core, foundations and nonprofits are in the business of developing and advancing big, bold ideas. If you want your ideas to take hold and win, you need to communicate and communicate well. It’s not an option anymore—it’s a necessity.”

Recognizing this new reality, in 2013, national civil legal aid advocates and leaders formed Voices for Civil Justice, an organization dedicated to increasing the visibility of civil legal aid in the national media, increasing the capacity for media advocacy in civil legal aid organizations, and strengthening the notion of civil legal aid as an indispensable societal resource. Taking a strategic approach to educating the public about civil legal aid, the organization has funded messaging research and developed tools and other resources to help civil legal aid advocates speak more effectively about their work and do a better job of engaging the media in covering that work. This strategy is paying dividends, judging by Voices for Civil Justice’s press clips page, which is packed with stories that bring much-needed attention to the various barriers to justice  and the organizations and individuals that are working to overcome them.

For civil legal aid to fulfill its mission of ensuring access to justice for all, we must become better known and appreciated by the public. Accomplishing that requires broadcasting the stories of the people we serve―and the life-changing, live-saving work we do on their behalf and for the good of society. To do that, organizations must invest in strategic communications.

As Voices’ executive director Martha Bergmark told me, “At Voices for Civil Justice, we provide opinion research, messages, training and other resources to help the people who do know about the vital role of civil legal aid to be more effective and more frequent messengers―whether they’re communicating with a policy maker, a reporter, a donor, or their in-laws.”

There is a strong body of research and case studies that offer successful models for effectively sharing our stories of impact. In fact, the piece by Sean Gibbons quoted above was penned as part of a collaboration between The Communications Network and the Stanford Social Innovation Review on series of articles by nonprofit and foundation leaders showcasing successful social change communications campaigns. The Communications Network has created the portal com-matters.org to disseminate its model for effective social change communications based on a large research project it completed in 2014.

These are just a few of the resources available to us as we look to create platforms from which to spread the word about the critical but overlooked role that civil legal aid plays in our society. If you work in the field and aren’t yet a member of the JusticeVoices Network, consider signing up! While those of us doing this work are surely not in it for the glory, the time for toiling in obscurity is over.

Lonnie Powers is executive director of the Massachusetts Legal Assistance Corporation.

 

When Legal Assistance Can Improve Health

By Lonnie Powers

In April, The National Center for Medical-Legal Partnership (NCMLP), an organization dedicated to “leading health, public health, and legal sectors in an integrated, upstream approach to combating health-harming social conditions,” played host to more than 400 legal and health care professionals at its 11th annual Medical-Legal Partnership Summit in Indianapolis. The annual confab seeks to help organizations leverage the various ways in which civil legal aid—free legal assistance and representation for low-income people facing non-criminal legal issues—can protect individual and public health.

The idea that legal assistance could impact public health was proved in 1975, when California Rural Legal Assistance won a groundbreaking victory in Carmona v. Division of Industrial Safety, which banned the use of short-handled hoes by farm workers because they forced workers to stay bent over for long periods of time, causing them crippling back injuries. Field managers had required the use of short-handled hoes because if they saw workers standing up, they knew they were not doing their work. After the hoes were banned, back injuries among the farm workers dropped more than 30 percent.

More recently in Massachusetts, Greater Boston Legal Services (GBLS) won two victories that enhance the health, safety, and independence of disabled people. First, GBLS settled a federal class action lawsuit against the Massachusetts Department of Transitional Assistance (DTA) for disability discrimination, based on claims that DTA didn’t have adequate systems to provide disabled clients with reasonable accommodations and that it routinely screened out disabled people from food stamp and cash assistance programs in violation of federal law. In a second class action lawsuit, GBLS took on the MBTA, Boston’s regional public transportation system, reaching a settlement requiring the MBTA to improve accessibility to bus and subway services. As a result, the MBTA has made nearly all of its stations fully accessible and has trained staff to respond to the needs of differently abled people using public transportation.

The formal medical-legal partnership model was created at Boston Medical Center (BMC) in the 1990s, when Dr. Barry Zuckerman, then the chief of pediatrics, became frustrated by the lack of clinical progress of his young patients as a result of substandard housing, poor nutrition, and other life circumstances―what are known as “social determinants of health.” Zuckerman hired a part-time attorney from Greater Boston Legal Services for the Pediatrics Department to assist his patients in addressing these unmet needs. The success of the program ultimately led to the creation of NCMLP.

Today, there are nearly 300 medical-legal partnerships in health care facilities in 36 states, including a partnership launched last September between Community Legal Aid and UMass Memorial Health Care in Worcester. Medical-legal partnershipsinvolve embedding lawyers and paralegals in the medical setting to ensure that patients can meet basic needs for food, housing and utilities, education, employment, health care, and personal and family stability and safety―all of which are essential ingredients to maintaining good health. The concept is best encapsulated by the description of a September 2015 segment of PBS NewsHourthat examined a medical-legal partnership in Nebraska: “What happens when a little boy gets a lifesaving bone marrow transplant for his leukemia, but can’t return home because the house he lives in has cockroaches that threaten his recovery? His doctor calls a lawyer.”

The partnerships go far beyond direct advocacy to encompass training for health care workers to identify health-harming social conditions, reforming clinical practice and institutional policies to better respond to patients experiencing health-harming conditions, and preventing such conditions by detecting the broader societal patterns that create them and advocating for policy and regulatory remedies.

Medical-legal partnerships are taking off as health care providers increasingly acknowledge their positive effects on patient health, the ability of health care workers to better understand and screen patients for social determinants of health, and in reining in health care costs. A study of a medical-legal partnership in California, for example, found that two-thirds of the families who participated in the program reported improved child health and well-being. Another study, which focused on a collaboration in Georgia, found increased physician satisfaction, a bump in Medicaid reimbursements to the partnering hospitals for their services, and a savings of $10,000 in annual continuing education costs.

From migrant farmworkers in California in the 1970s to disabled people in Massachusetts three decades later, civil legal aid organizations have long demonstrated expertise in identifying and rectifying the environmental factors that adversely impact the health and safety of vulnerable and underserved communities. Institutionalizing that expertise on the health care continuum through medical-legal partnerships is a logical step that enables our health care system to treat our most complex and vulnerable patients more effectively, efficiently, and cheaply. And that benefits all of us.

Lonnie Powers is executive director of the Massachusetts Legal Assistance Corporation.

Civil Legal Aid Holds the Key to Preventing Evictions

By Sarah Blair

Matthew Desmond is a very smart man. An associate professor and former Junior Fellow at Harvard, Desmond holds a PhD in sociology from the University of Wisconsin in Madison and has published four books, the most recent of which, Evicted: Poverty and Profit in the American City was released on March 1. In September, Desmond was awarded the prestigious MacArthur Genius Grant to pursue research on evictions around the world.

After spending over a year living amidst Milwaukee’s poor, Desmond is something of an expert on eviction. He is well aware of the disproportionate impact it has on women and communities of color. He knows that past eviction correlates strongly with material hardship and depression, and that housing instability can harm a child’s ability to succeed in school. He also understands that having access to an attorney is perhaps the most powerful tool available to keep families faced with evictions in their homes.

But the sad reality is that if these families had the money to hire an attorney, they would probably not be facing eviction in the first place. Perhaps the family fell behind on rent because of an unexpected illness or layoff. Perhaps it is facing discrimination based on race, sexual orientation, or physical ability, or retaliation after reporting unsafe living conditions. Regardless of the legitimacy of their claims, these unrepresented families often stand little chance when facing their landlords’ trained attorneys in court.

While indigent defendants in serious criminal cases have a constitutional right to an attorney, individuals facing life-altering civil legal problems—such as the threat of homelessness—do not. Civil legal aid programs in Massachusetts and throughout the country do their best to provide low-income litigants, including tenants facing eviction, with the critical advice and representation they need to achieve justice.  A 2012 eviction study conducted by the Boston Bar Association in Quincy, Massachusetts, found that two-thirds of tenants who received full representation were able to avoid eviction; meanwhile, only one-third of tenants who were offered limited assistance were able to remain in their homes.

Unfortunately, over half of eligible clients who seek civil legal aid for housing cases in Massachusetts are turned away due to lack of funding. This “justice gap” is unacceptable—particularly considering that investing in civil legal aid actually saves the state money in the long run. In Massachusetts, it is estimated that legal aid eviction assistance saved the Commonwealth over seven million dollars in averted shelter costs in FY15 alone.

Housing instability is one of the most pervasive problems facing the urban poor, and civil legal aid is a proactive, cost-effective solution to the social and economic problems that it causes. As Desmond eloquently puts it, “There are moral costs we incur as a society when our citizens are denied equal protection under the law and wrongfully thrown from their homes by court order.” With all the evidence in place, it shouldn’t take a genius to support increased funding for civil legal aid.

Sarah Blair is Executive Assistant at the Massachusetts Legal Assistance Corporation and Legislative Campaign Assistant at the Equal Justice Coalition.

Civil Legal Assistance is a Potent Anti-poverty Tool

By Lonnie Powers

Sargent Shriver, President Johnson’s personal choice to lead the War on Poverty, was once asked which of the anti-poverty programs he thought was the most important. “My favorite is Head Start because it was my idea,” he answered. “But I am proudest of Legal Services because I recognized that it had the greatest potential for changing the system under which people’s lives were being exploited.”

Legal services, also known as civil legal aid, has indeed been a potent anti-poverty tool in two ways. First, through individual case work that enables poor people to gain access to the rights and benefits from state and federal service agencies, health care providers and schools to which they are entitled. Second, through large, class-action lawsuits and advocacy efforts that change laws and governmental policies that adversely — and overwhelmingly — affect poor people.

With the 50th anniversary of the War on Poverty in 2014, we have been treated to numerous assessments of the effectiveness of Johnson’s (and Shriver’s) program these past 12 months. It is indisputable both that tremendous progress has been made, but also that much work remains.

To continue progress, civil legal aid must be deployed more broadly in future efforts to combat poverty, and public resources for legal assistance must be increased greatly.

A look at how civil legal aid assists those struggling with homelessness and/or unstable housing, as well as those who are victims of intimate partner violence is instructive.

Numerous programs around the country demonstrate that civil legal services can help poor people keep their housing, or negotiate exits from housing that allow them to have more control over the process, and ensure a smooth transition to safe, affordable housing. A pilot program launched in 2009 by the Boston Bar Association showed conclusively that poor people in housing court in Quincy, Mass. to fight eviction notices fared much better when they were represented by attorneys. Two-thirds of those with full representation kept their housing; only one-third of those who went through housing court without an attorney were able to do the same. Similar results have been found in New York City, San Francisco and San Mateo County in California.

Meanwhile, a landmark 2003 study published in Contemporary Economic Policy showed that legal services is one of the most effective ways to help women living in poverty escape intimate partner violence. Amy Farmer and Jill Tiefenthaler, researchers at the Carnegie Mellon Census Research Data Center, were intrigued by a U.S. Department of Justice report noting that rates of domestic violence had significantly declined during the 1990s. They analyzed data from the National Crime Victimization Survey and the U.S. Census to tease out the reasons for the decline. Their conclusion? Access to civil legal services ensured delivery of protective orders; assistance with child custody and support; and divorce and property distribution that victims needed to begin rebuilding their lives. Civil legal assistance was also critical for resolution of domestic violence-related legal disputes around immigration, housing and public benefits.

While services provided by emergency shelters, counselors, and hotlines are vital in the short-term, Farmer and Tiefenthaler wrote, services provided by civil legal aid “appear to actually present women with real, long-term alternatives to their relationships.” (It is also interesting to note that between 1994 and 2000, the period during which incidents of domestic violence declined, the availability of civil legal services for victims of domestic violence increased 245 percent (from 336 such programs to 1,441).

Despite these clear successes, many people do not understand what civil legal aid is, and surveys regularly find that most Americans erroneously believe that poor people have a right to free counsel in civil cases. Meanwhile, state and federal funding for legal assistance is well below what it needs to be.

This fall, the Boston Bar Association’s Statewide Task Force to Expand Civil Legal Aid in Massachusetts released Investing in Justice, a report showing that over 60 percent of those eligible for civil legal aid in Massachusetts who seek services are turned away due to lack of resources. The Task Force proposed that the Commonwealth’s investment in civil legal aid be increased by $30 million over the next three years to begin to address the unmet need. Currently, the state invests $15 million annually in civil legal aid.

The irony, of course, is that the civil legal aid yields a measurable — and significant — return on investment. Looking at work solely related to housing, public benefits and domestic violence, three independent economic consulting firms which did analyses for the Task Force found that every dollar spent on civil legal aid in eviction and foreclosure cases saved the state $2.69 on state services associated with housing needs such as “emergency shelter, health care, foster care, and law enforcement.” Every dollar spent assisting qualified people to receive federal benefits brings in $5 to the state. Every dollar spent on civil legal aid related to domestic violence is offset by a dollar in medical costs averted due to fewer incidents of assault.

This summer, Philadelphia resident Tianna Gaines-Turner became the first person actually living in poverty to testify before Congressman Paul Ryan’s Congressional hearings on the War on Poverty. In a strong and moving testament to the need for increased state and federal funding to end poverty, Gaines-Turner said, “People living in poverty―those who were born into it, and those who are down on their luck — want to get out of poverty. We want to create our own safety nets, so we never have to depend on government assistance again.”

Civil legal aid is a powerful tool that helps people living in poverty build a foundation of stability from which they can create a better future for themselves, their families and our communities.

Lonnie A. Powers is the Executive Director of the Massachusetts Legal Assistance Corporation. He has more than 40 years of policy and legal experience at the state and national levels, having devoted the majority of his career to establishing, building, sustaining and revitalizing legal aid organizations. Lonnie began his legal career in his native Arkansas, first with the Attorney General’s Office and later with Legal Services of Arkansas, where he served as Executive Director.