Legal help for low-income Utahns is in danger of losing funding

Posted on April 2, 2009 by comm5775

by PAIGE KASTELER

The shrinking state budget is forcing the Utah Legislature to consider cuts in funding for programs that help low-income Utahns. One of those programs facing the chopping block is Utah Legal Services, a nonprofit organization designed to give legal representation to low-income Utahns.

Utah Legal Services (ULS) performs most of its legal work for victims of domestic violence, helping victims acquire protective orders, receive child support and access government benefits. ULS is also part of a larger nonprofit organization called “…And Justice For All” that partners with other law centers to better serve more Utahns seeking legal help.

Kai Wilson, executive director of AJFA, said these organizations are important because the legal system is becoming specialized to only people with money. Wilson said the legal system is something everyone should have access to and dreams of a day when Utah will catch up to other states and have the funding to assist 20 percent of low-income individuals. Right now Utah assists 13 percent.

Funding is the only thing that is holding these organizations back from helping more people. ULS is especially susceptible to budget reductions because it receives 89 percent of its funding from the government. In 2008, ULS provided legal services for 22,000 disadvantaged people, but still had to turn away many who needed help. One study suggests that more than 80,000 people in the state have an unmet need for legal aid.

Rosario Martinez, 54, of Salt Lake City, is one of those individuals who was turned away due to lack of funding. After suffering many years of domestic abuse, Martinez decided to divorce her husband. Her husband hired a divorce lawyer but Martinez did not have the money to acquire legal help for herself. She turned to ULS for help and was turned away during the screening process because she was not in any immediate danger from her estranged husband.

Martinez understood her rejection. “I know it’s not their fault. They can’t help everybody,” she said. But she acknowledged legal help would have been nice.

“Now my husband is trying to get out of child support and I have no one to fight for me. I can’t fight this on my own,” she said.

There are people at work fighting for more funding so they can help Martinez and others like her. AJFA raises $850,000 a year, mostly from attorneys, through various fundraising events including auctions, breakfasts, pool tournaments and a 5K run. Still, with all the state money and donations, the need for legal help remains great. One study suggests that more than two out of every three low-income households in Utah will face a civil legal problem every year.

However, aside from all the people who aren’t able to receive help, these organizations have many success stories.

One woman, who asked not to be identified, received legal assistance from the Disability Law Center. This organization is part of AFJA and specializes in gaining rights for people with disabilities.

The woman, who was deaf, fought to receive a cochlear implant, but her insurance company refused to cover the procedure. The Disability Law Center provided her with full legal representation and together they got the health insurance company to approve her operation. With the help of legal services this woman is able to hear her children’s voices for the first time.

It is for reasons like these that the directors, attorneys and volunteers of these organizations are so passionate about their cause.

E. Clinton Bamberger, with ULS, said legal help is a key factor in eliminating the debilitating effects of poverty.

“Our responsibility is to marshal the forces of law to combat the causes and effects of poverty,” Bamberger said in a ULS publication. “We must uncover the legal causes of poverty, remodel the system which generates the cycle of poverty and design new social, legal and political tools and vehicles to move poor people from deprivation, depression, and despair to opportunity, hope, and ambition.”

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Legal group seeks to help abuse victims

Posted on April 2, 2009 by comm5775

by ELIZABETH PEZQUEDA

“The Justice Gap,” a study conducted by Utah Legal Services and “…And Justice For All,” reports at least 68 percent of low-income households in Utah will face a civil legal need this year.

However, only a limited number of those families will actually receive the help and guidance they need to resolve these legal issues, due to the rising costs of legal assistance. Issues may range from custody cases to disability discrimination, but where there’s no money, there’s often very little available help.

“It is apparent that more and more frequently, access to justice depends on access to money,” the report states.

Enter: “…And Justice For All.”

“…And Justice For All” is a partnership of the Disability Law Center, Utah Legal Services and Legal Aid Society of Salt Lake. Among many other services, the organization places an enormous priority on providing free legal guidance and assistance to families and individuals dealing with domestic violence. The nonprofit organization helps thousands of low-income individuals each year to obtain the safety and security they, and often their children, need without facing overwhelming legal fees.

“…And Justice For All” Executive Director Kai Wilson said thousands of people feel like they can’t get the help they need from the nation’s legal system because of financial barriers.

“[The legal system] has become so pricey that people feel trapped,” Wilson said. “They feel like they can’t get help.”

Wilson said he’s found that to be especially true now, during the increasing U.S. economic struggle. As the unemployment rate increases, so does the need for legal assistance.

“Requests for bankruptcy help, family law and protective orders have gone up by 20 percent … during this economic situation,” Wilson said.

Although many low-income Utah families have been experiencing increased struggles, there is help available. “…And Justice For All” partners with several groups to offer help in several ways, including over-the-phone guidance, in-clinic consultations and full trial assistance for those who meet the financial requirements. The organization strives to help as many low-income individuals as possible to get themselves and their children out of abusive and dangerous situations.

Legal Aid Society’s Executive Director, Stewart Ralphs, said he has dealt primarily with domestic violence cases since joining Legal Aid in 1991.

Most domestic violence legal services are free with other civil services offered on a sliding fee scale, Ralphs said. “Money should never be a barrier for victims of domestic violence,” he said.

Ralphs says he understands, however, that while finding free or affordable legal help is often an enormous obstacle for abuse victims, it certainly isn’t the only one. He mentioned a specific case in which his client was being subjected to brutal episodes of abuse by her husband. Her husband had gone so far as to put keys between his fingers when he hit her, leaving several long, deep gashes on her face. Ralphs said helping this woman and her children obtain physical safety from her husband opened his eyes to the mental and emotional struggles that abuse victims have to deal with when they seek help.

“I had a huge epiphany about the dynamics of domestic violence. The situation can be very confusing to victims who have suffered from traumatic event,” Ralphs said. “It can be very difficult to come forward and seek help.”

Ralphs said LAS wants victims to know “there is no shame in seeking help for yourself and your children. Our mantra is that domestic violence is a crime, but is the complete responsibility and fault of the abuser, not the victim.”

The success rate of LAS cases in which victims obtained protective orders, civil stalking injunctions and/or child protective orders is extremely promising.

“Last year, 85 to 90 percent of the victims we helped reported no further violence [after obtaining a protective order],” Ralphs said.

LAS completes two follow-up surveys after victims have obtained legal guidance: one after sixty days, the other after one year. Ralphs said the large majority of results from the surveys have been positive.

“…And Justice For All” was created to help victims of domestic abuse, low-income families and disabled individuals obtain the same legal guidance as those who can afford to pay for attorneys. Its aim is to provide a means to justice for all those who seek it.

“We just want to help,” Wilson said.

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Mediation: Making the best out of a bad situation

Posted on April 2, 2009 by comm5775

by JED LAYTON

Attorney Stewart Ralphs doesn’t always want to win his cases.

Instead, he wants the best possible outcome for all people involved in the desperately bad situation of divorce.

Ralphs, executive director of the Legal Aid Society of Salt Lake (LAS), said many divorce cases his agency deals with are handled outside of the courtroom. LAS also assists people in the middle of domestic violence cases.

“We rely on mediation,” he said, explaining that mediation involves a neutral third party to give suggestions and help the discussion proceed.

“Mediation is trying to come up with a resolution where everyone is a winner,” he said.

LAS uses mediation for many reasons, Ralphs said. First, it is cheaper. LAS helps clients with limited or no income. The nonprofit organization receives money through donations, small amounts of government funding and minimal client fees. But the agency often has to turn people away because of a tight budget.

Using mediation allows LAS to help more people than it would by going to court, which is often a long and expensive process.

David Mussleman, owner and founder of Common Ground Divorce Mediation, said mediators typically charge more per hour than attorneys do. But because the process is expedited clients spend 10 percent of what they would have with an attorney.

“Actually the number is 20 times less the expense because it includes both sides,” Mussleman said.

Ralphs said mediation is also used by LAS because the process allows its clients to actively participate in the decision making process.

Ralphs said this is a unique experience for many people, especially for women. He said mediation is sometimes the first time a person has had the opportunity to have his or her opinion heard or decisions implemented.

Mediation allows the clients to suggest solutions, while getting advice and legal council from an attorney at the same time.

“It works best for us if you have both parties represented by attorneys at mediation because the client isn’t trying to make decisions without the benefit of advice and legal council,” Ralphs said.

This format helps create a positive environment between the opposing parties, whereas a court battle can leave the two parties angry, frustrated and non-cooperative.

Mussleman said the biggest benefit mediation provides is the ability it has to salvage what is left of a broken relationship.

“This is especially important if the two have children,” Mussleman said. “Divorced parents need to understand they will have to continue to interact with each other if they want to be involved with their kids. They might as well make it as friendly as possible.”

Mediation success in both the public and private sector has risen in the last decade. Nearly five years ago the Utah State Legislature enacted a law requiring all family law cases to attempt mediation.

Ralphs said most cases are settled in mediation, lawyer-to-lawyer negotiation or pre-trial agreements. He estimated only 1 percent to 2 percent of cases actually go to court.

Both Ralphs and Mussleman said the introduction of mediation has changed the way family law is now practiced.

Ralphs said lawyers trained before the idea of mediation, including himself, were taught to be very aggressive and to always take cases to court.

“Mediation is just the opposite,” Ralphs said. “It is trying to come up with a resolution where everyone is a winner.”

James Holbrook, a professor at the University of Utah’s S.J. Quinney College of Law, teaches mediation courses and has seen the changes in how family law is taught.

He said 30 years ago mediation philosophy was basically unheard of, but was slowly introduced in the late 1980s and early 1990s.

In time the program developed into classes that teach mediation theory and encourage law students to practice and develop skills in working with mediators and coming up with mediation solutions themselves.

Mussleman, who is not a lawyer, said more people are using mediation without lawyers because of the expense and better-trained mediators. Most mediators, while not attorneys, are trained in law and negotiation.

“There is definitely a sway in the mindset of how people are approaching conflict, especially in family law,” he said. “I foresee five years from now, 95 percent of all divorce cases not involving attorneys at all.”

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Economy hurting low-income legal help

Posted on April 2, 2009 by comm5775

by TYLER COBB

The legal organization “And Justice For All…” helps about 33,000 people every year who can’t afford legal advice. But with fewer donations coming in annually, the organization may have to find alternate ways to fund services.

Romaine Marshall, a board member and attorney for the firm Holland & Hart, said most of the organization’s donations come in from law firms and other corporations. However, it is seeing fewer donations with the economy suffering.

“It’s a real problem,” Marshall said. “We’ve got to be more aggressive in getting law firms and companies to donate.”

The organization, which combines work by the Disability Law Center, Legal Aid Society of Salt Lake and Utah Legal Services, has been around since 1998 to help people in need of legal representation. They help people who can’t afford legal services based on disability, poverty, age, migrant status or race, according to the “…And Justice for All” Web site.

Marshall said it also raises money through fundraisers such as hosting golf tournaments and other activities, or by sending board members out to help fund-raise.

“It’s forced me to go to other law firms to ask their firms to give donations to ‘…And Justice for All’,” Marshall said. “And we need to raise more.”

Kai Wilson, executive director for “…And Justice for All,” said the three main legal aid groups have made enormous progress in the past 10 years.

Since its inception, the organization has increased legal aid services to nearly 13 percent of the low-income population in Utah.

“[We’d] love to get to helping 20 percent of the low income in the state,” Wilson said.

The groups may in the future if numbers keep rising and alternate sources of income are located.

Marshall said the need is there, and the organization can do a lot of good if it continues. “The most common cases I’m seeing involve assistance,” Marshall said. “It’s going to families dealing with poverty issues, being evicted unlawfully; people who haven’t been properly helped and don’t know what to do.”

Since 1998, the “…And Justice For All” has been able to quadruple the amount of funding from the Utah State Bar’s membership. In 1998, only 5 percent of members donated to legal aid funds, but with the campaign, the amount rose to more than 30 percent, which adds up to about $400,000 every year.

Marshall said “…And Justice For All” expects the numbers of people requesting help to increase as well. “If we prorate the number of people who have asked for help this year, we will see that next year’s numbers will be much, much more,” Marshall said.

In the event donations drop off, Marshall and Wilson are looking for alternate ways to find resources. Part of the organization’s mission statement is to share and consolidate “resources so that services are delivered in a cost-efficient and effective manner, enabling service providers to serve additional clients,” according to the group’s Web site.

And many clients need the help. Some of their stories are posted on the Web site. A mother of three fled from Idaho to escape an abusive husband, who then followed her to Utah and hit her youngest child.

Police officers advised she get help from the Legal Aid Society of Salt Lake, which was able to help the woman obtain an ex parte protective order requiring her husband to stay away and assist financially.

“So many people need that legal help,” Marshall said.

Wilson said the problem is that many low-income families and people can’t afford legal services, which is where “…And Justice for All” steps in by raising the necessary funds.

The organization has plans to keep donations steady and keep increasing the number of people being helped every year.

“I haven’t been on the board for very long, but this is a good organization,” Marshall said. “I’m sure we’ll find a way to help everyone.”

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Organization tackles legal issues for underprivileged

Posted on April 2, 2009 by comm5775

by DANIELLE MURPHY

More than 92,000 low-income households in Utah are affected by civil legal problems each year, including University of Utah students. One particular organization is working to help get voices heard.

“…And Justice For All” is an organization encompassing three groups of civil legal services: Disability Law Center, Legal Aid Society of Salt Lake, and Utah Legal Services.

Together, these organizations assist low-income and disabled individuals who often have nowhere else to turn.

One University of Utah student who uses a wheelchair ran into a dilemma last year when road construction on campus blocked the entry at his regular bus stop. This oversight forced the student to find a new route that took an additional 30 to 45 minuets every day. It also prohibited him from ever making it to class on time.

After calling the Disability Law Center, the problem was solved within a week and the student was able to return to his regular route.

“What may seem like a minor inconvenience to some became a major obstacle to my education,” said the student in an interview with “…And Justice For All.” “I am so glad there was someone at the DLC who could help me and that the University was eager to find a realistic, workable solution,” he said.

Most of the problems brought to the organization are very basic legal issues that impact everyday life. Certain individuals facing these problems are invited to utilize the organization’s services free of charge. The eligible individuals include those in poverty conditions, those with physical or mental disabilities, as well as those who are victims of domestic violence.

Kai Wilson, executive director of “…And Justice For All,” describes their typical caseload as issues “that impact what we all do every day, from the relationships we have … to how our houses are built and what landlords have to do to make sure we are in safe and stable housing.”

Since 1998, “…And Justice For All” has been striving to equalize the playing field for those in need. The services offered at “…And Justice For All” provide aid that Wilson estimates can improve the quality of nearly 20 percent of low-income households in Utah.

The United States legal system can seem complex and confusing. Wilson said only 13 percent of the households that are considered very poor are receiving help with their civil legal problems.

Wilson describes one of the goals of the program as self-advocacy. “…And Justice For All” emphasizes teaching people to fight for their own rights and showing them the necessary steps to take.

Often “…And Justice For All” partners serve by giving simple legal advice to those who need it. If necessary, however, the organization also has the capacity to represent clients in trials.

Of the individuals who contacted ULS last year, Wilson said only about 8,000 were represented at trial. In taking cases, needs are prioritized and those with the most pressing issues are assisted first. Domestic violence is one example of a pressing issue that is prioritized.

“…And Justice For All” acts as an umbrella organization to its affiliates. The combination of three of Utah’s existing legal aid services allowed all of the organizations to save money through shared logistics and staff support. This situation also benefits individual clients who need to utilize more than one of the three affiliate organization’s services.

“…And Justice For All” has an official mission to create and sustain resources to provide effective civil legal services while strengthening individual agencies in its distinct roles. Wilson estimates that together these organizations assisted around 36,000 people in 2008.

The government subsidizes 80 percent of funding for Utah Legal Services and Disability Law Center. Other sources of income include donations from members of the Utah State Bar in the form of monetary gifts and pro bono work. Fundraisers are held throughout the year to raise money for the program.

Assistance is also available to immigrants, refugees and American Indians in Utah through further affiliated organizations, such as Navajo Nation Legal Services (DNA), Catholic Community Services and the Multi-Cultural Legal Center.

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Getting affordable legal help

Posted on March 26, 2009 by comm5775

by EMILY A. SHOWGREN

Legal battles can often end up being expensive and during an economic crisis can make people want to stay in a bad situation. But what if you could go somewhere to receive affordable or even free legal help? What if you could represent yourself in court, cutting the cost and not having to trust someone else to tell your side of the story?

“…And Justice for All” is an organization that supports “free civil legal aid programs for Utah’s most vulnerable citizens – people living in poverty, individuals with disabilities, veterans, seniors, minorities and victims of domestic violence,” according to its Web site. The founding partners of the organization are the Disability Law Center, Utah Legal Services and the Legal Aid Society of Salt Lake (LAS).

“A priority issue of LAS is family law,” said Kai Wilson, executive director of “…and Justice for all.” “Only 13 percent of people living below the poverty line are getting help. It has become so pricey for people to get help.”

This is why LAS provides several free family law clinics in Salt Lake County. One is a “pro se” clinic where attorneys and volunteers can help an individual learn how to represent themselves in court. At the Self-Represented Family Law Litigant Clinic, people can receive instruction, answers to questions and help completing legal documents for civil legal proceedings. However, no legal advice is given at the clinic and there are a few conditions. The case has to be able to be filed in Salt Lake County, individuals must be low-income Utahns and it has to be a family-law matter such as custody, paternity, child support and/or divorce.

When filing for divorce last spring, Bryan Forsyth went to a costly attorney. “I went straight to my mom’s lawyer,” he said.

After a few months, he and his wife reconciled. He had no idea he could have represented himself in the divorce and cut down the cost that was later unnecessary. Forsyth said he possibly would have rethought going that route if he would have known there was another way.

“We started to set everything up online so I’m sure I could have handled representing myself,” Forsyth said.

He also could have used the clinic for information on the Utah mandatory divorce mediation. In Forsyth’s case, the divorce was contested and under Utah law a contested divorce requires at least one session of mediation.

The clinic provides a pamphlet with information regarding mediation. It informs readers about what mediation is, how to find a mediator, who pays for the mediator and other general questions regarding the process.

The assistance program for representing yourself in a divorce can help you address issues of the divorce. Included are: who gets the house, any pension plans and retirement accounts, debt payments, alimony, name change of spouse and custody.

Something that may come up in a divorce is determining the custody of children. You can also represent yourself for this type of case. However, the program will not allow you to enter information for more than six children. If this is the case, you may want to hire an attorney or complete your parentage papers somewhere else.

The clinic has several computers that can be used to complete the online programs for specific cases. Each program guides users through case-related questions. After the questions are answered, the required documents, complete with instructions, are created. Someone is always present at the clinic who can help with any questions you may have while filling out the online paperwork. The time it takes depends on circumstances but will usually require about an hour to complete. When the documents are completed, you can sign and file them with the court to start the process.

The clinic is held Monday through Friday from 8 a.m. to 5 p.m. at the Matheson Courthouse, 450 S. State St., room W-15, in Salt Lake City. For more information and schedule changes, call (801) 238-7170.

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Bankruptcy on the rise in Utah

Posted on March 26, 2009 by comm5775

The Utah Legal Services provides free legal aid for citizens who want to file bankruptcy

by MICHELLE SCHMITT

Bankruptcy filings are on the rise in Utah as the entire nation copes with job loss, credit card debt and uncertain economic times.

Medical bills and loss of work that have led to credit card debt is a common thread that has sent many Utah families down the path to bankruptcy. Some worry about losing their car, and worse, losing their home.

“People are losing their jobs, that is why they are calling,” said Sylvia Bosen, a paralegal who works for the Utah Legal Services, an organization that provides legal help for low-income Utahns.

Utah Legal Services is an organization that assists in a wide array of legal help to direct citizens through the complicated court system. Bosen works in the bankruptcy division. She helps Utah Legal Services with necessary documents and even appoints lawyers, free of charge.

Bosen said many citizens do not understand certain rights and exemptions they may have. “A lot of them have equity in their home [and] they [are eligible] to get a certain amount,” she said.

Bosen said most of the calls she receives are from families, rather than from individuals. She said people are afraid they will lose assets essential to their family’s way of life.

“When a person or business find [themselves] in a financial pit from which [they] cannot escape without help, bankruptcy may be an alternative,” said Matthew Boley, chair of the bankruptcy section at the Utah State Bar .

Boley has participated in discussions with Utah Legal Services and the Utah Bankruptcy Lawyers Forum in an effort to encourage lawyers to participate in pro bono work.

Those who go to the Utah Legal Services will have to meet the eligibility requirements that are determined based on monthly income. Then, if qualified, a representative will walk the client through the bankruptcy process and offer a pro bono attorney to assist with documents and court.

Kai Wilson is the executive director of “…And Justice for All,” a nonprofit association that serves as an umbrella organization over Utah Legal Services, the Disability Law Center and the Legal Aid Society of Salt Lake. Wilson said Utah Legal Services faces some challenges.

“[There have been] huge drops in support from banks,” Wilson said, which causes worries because financial institutions usually provide a lot of monetary support for the legal organizations. In addition, state and federal budget cuts will most likely take even more money out of Utah Legal Services and the other legal aid foundations. Utah Legal Services receives about 80 percent of its budget from government grants.

It is important to provide these services because “so many people can’t get in [to the justice system],” Wilson said. “Our system of law is extraordinary, but access to it is very limited.”

According to a booklet published by Utah Legal Services and “…And Justice for All”, roughly 80 percent of low-income citizens are not aware of their option to acquire free legal assistance. And many of those who know about these services do not think they would qualify for help.

Bosen said as the rate of bankruptcy rises among citizens, it is important to understand available options. The right to file for bankruptcy as a tool to consolidate debt and seek financial relief is a legal alternative in difficult financial times.

She said many people don’t know their benefits and rights as citizens. A lot of individuals worry about being sent to jail for not paying bills and don’t understand that certain exemptions apply, like unemployment and retirement benefits.

“If a person or business receives competent bankruptcy advice and good representation, there should not be any mistakes,” Boley said. “Each individual, married couple or business that may be considering bankruptcy should consult with a qualified and experienced bankruptcy attorney that can explain the bankruptcy process, the costs in time, expense and credit and alternatives to bankruptcy.”

Utah Legal Services provides a bankruptcy hotline that Utahns can call to find basic information and learn about procedures and their rights: (801) 374-6766, ext. 3446.

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Growing organization creates legal assistance for Utahns in need

Posted on March 26, 2009 by comm5775

by PATRICK HARRINGTON

“…With liberty and justice for all.” When the Rev. Francis Bellamy drafted those words in 1893, he intended that they be awarded not to only a select few, but everyone. Over time the ideal that he strode for began to fade just like the paper on which it was written.

Using the words of Bellamy’s “Pledge of Allegiance,” the organization “…And Justice For All” has created a web of pro bono legal assistance for those who cannot afford or understand it in an effort to truly restore “…liberty and justice for all” throughout the state of Utah. Due to massive federal funding cuts to legal services nationwide 13 years ago, “…And Justice For All” was created to offer pro bono legal services to Utah’s community as well as create fundraising opportunities. Leading the group is Kai Wilson. Wilson joined the program in its infancy and since then the organization has come to be a fundraising umbrella agency for Utah Legal Services, Disability Law Center and Legal Aid Society of Salt Lake.

“…And Justice For All” is the essential glue that binds the three legal bodies together by raising money, directing clients to the proper agency and attorney and educating people who need a legal edge but cannot afford consultation.

“The agencies offer help, anywhere from brief consultation to full representation in cases such as family law, disability claims, domestic violence cases and help with many other substantive matters,” Wilson said.

Although the attorneys in the agencies can fully represent their clients, many of them don’t need that amount of assistance. “Last year the agencies associated with ‘…And Justice For All’ assisted over 36,000 people,” he said.

Among the agencies, Utah Legal Services assisted 22,000 of those people, of which 8,000 received full legal representation in their cases.

The basis for the creation and continuation of “…And Justice For All” and its sister agencies is that people in the community who have the smallest voice and the least amount of resources typically need the most help with legal issues. Wilson said there is growing concern with the lack of legal access in America.

“Utah politicians are recognizing the problem that we face,” Wilson said. “One Utah lawmaker said that the state of the judicial system is that a lot of people are looking in at the party through the window, but can’t get in.”

Although the state and federal judicial systems are capable and accepting of pro se cases, self-representation may detract from the quality of judgment that a client may receive as opposed to having a qualified attorney.

Sharon Donovan is a prominent Salt Lake City family law attorney who served on the board of Legal Aid for six years and one year as agency president. Donovan also was recently named the Utah State Family Lawyer of the year.

“Legal needs should not be reserved only for wealthy or middle-class citizens,” she said. “The judicial system has no one to help all of the people that need it, nor the time to guide pro se clients while in the court of law. By having competent lawyers at no cost, the quality of judgment in the courtroom and the movement of the legal process is greatly improved.”

Within the past decade, “…And Justice For All” has grown from a grassroots organization to a respected and vital part of the legal community in Salt Lake City and Utah in general.

“As a part of being a lawyer, The Utah Rules of Professional Conduct  encourage any attorney to donate 50 hours of pro bono work a year or donate ten dollars in lieu of each hour to an agency providing legal aid to the poor,” Wilson said.

The agency is also seen as a great place to donate money, not only to help the community, but also provide tax deduction benefits to lawyers and firms in Salt Lake City. “Before the creation of the agency, only 5 percent of firms gave money to our cause; now over one-third of the Utah Sate Bar supports us financially,” Wilson said.

Although “…And Justice For All” has made strides in the legal community that were hard to imagine a decade ago, certain obstacles still remain.

“We would love to get to the point that we are helping as many people as more successful states, like Washington,” Wilson said.

What is stopping them now? “Money. It’s all about the money,” Wilson said. With funding from lawyers and private citizens alike, “…And Justice For All” could potentially meet its goal of increasing the number of clients who receive quality legal counsel and be a national leader in pro bono services within the next 10 years or less. To accomplish this, the organization plans to push forward with more fundraising and community involvement.

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Legal aid attorneys ride emotional roller coaster

Posted on March 26, 2009 by comm5775

by MADISON MURPHY

The story of a mother under domestic violence is quite harrowing. What about the attorney or paralegal that assists her? Along with their client, employees of the Legal Aid Society of Salt Lake look trauma right in the face. Being skilled to separate their work from their personal lives is a necessity.

“There are no happy cases. We don’t do adoptions, it is just degrees of misery. Some [employees] just can’t take it … they can’t deal with the misery all of the time,” said Stewart Ralphs, executive director of the Legal Aid Society of Salt Lake.

Most LAS employees deal with 120 cases at one time, each client thrown in a situation they never expected to be in. The results of their cases are rewarding, but the process can be an emotional roller coaster. Because their clients are often disconsolate, the LAS employees can become miserable, too.

“I try really hard to make sure there is a good separation, that I’m able to leave work and enjoy my personal time. But there is definitely overlap and I find myself thinking about it at home. I try not to let it affect me, or my job would be even more overwhelming,” said Jen Ungvichian, a paralegal for the LAS.

Ralphs said many of the clients are “basket cases.” They seek legal aid after dealing with one of the most traumatic experiences of their lives, so who can blame them? Ungvichian said that dealing with their state of trauma takes a massive amount of listening skills to make sure the client understands what his or her options are.

“We are helping people navigate the legal system, who have no idea what the rules are and the procedures. Really knowing how to understand and communicate with the client is the whole function of our organization,” Ungvichian said.

The most common client LAS encounters is a middle-aged mother suffering domestic violence. She desperately needs to file for a protective order or civil stalking injunction, divorce, or custody for her children, but cannot afford it. By approaching LAS, she will receive financial and legal assistance to regain her rights.

A protective order limits the husband from going to specific locations, seeing certain people or obtaining specific objects such as phones, computers or money. Ninety percent of the cases are domestic violence and about 90 percent of protective orders are not violated, according to LAS statistics.

“Protective orders are helpful, but they don’t stop a bullet,” Ralphs said. To prevent clients from encountering further abuse or possible murder, they are trained to keep doors locked and to always have a cell phone nearby.

LAS is further helpful when it comes to people who are representing themselves (pro se). Ralphs said they are often inarticulate and have trouble filling out their paperwork. “We like to provide these services from start to finish to make sure we are giving them all that the government can provide them,” he said.

For the employees, domestic violence cases are not about winning or losing, but simply discussing the issue and coming up with a solution. In order to give proper aid, employees are trained in law, finances and family issues. They also must be culturally sensitive. They make it a priority to avoid trial. Avoiding trial with a judge means dodging high costs and saving time. Ralphs is proud to say that he only goes to about one trial every 12 months, and he has been working for LAS for more than 20 years.

Clearly, working for the LAS can be very stressful, but employees find themselves in love with their job. They love helping their clients escape from physical and emotional slums, and changing their lives for the better.

“Sometimes it is the first time in my client’s life that someone has stuck up for them…. There is something really nice with doing something absolutely necessary for somebody and to not worry about money,” Ralphs said.

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Victims of violence find refuge in county programs

Posted on March 26, 2009 by comm5775

by MADISON RICE

“I love being able to help people. I get to level the playing field,” said Stewart Ralphs, executive director of the Legal Aid Society of Salt Lake. Ralphs said his nonprofit agency is committed to ensuring the safety of victims of domestic violence in Salt Lake City by offering low-cost legal representation.

“It’s sometimes the first time that someone [has] stuck up for them and they get to have a fair deal. Someone to go to bat for them,” he said.

Founded in 1922, the Legal Aid Society of Salt Lake is among 22 domestic violence coalitions across the state of Utah. The Legal Aid Society provides low-cost legal representation to low-income individuals in family law cases. It also works with the Multi-Cultural Legal Center, the Division of Child and Family Services, the Department of Workforce Services, the Salt Lake City Police Department and the Young Women’s Christian Association (YWCA). The Utah Domestic Violence Council provides resources, too.

Victims of domestic violence and abuse are encouraged by the Legal Aid Society to get immediate help at one of four locations, found on its Web site. But Ralphs admits the visit may take a while.

“It takes four to five hours to do that process if you are at the front of the line. You can’t go do this on a lunch hour,” Ralphs said.

However, the wait can be worth it. Persons seeking help are ensured a safe environment and are given the tools necessary to obtain a protective order or stalking injunction.

Protective orders are for people who are defined as cohabitants. “Cohabitants are currently or formerly married, related by blood, have a child together, or if they just live with someone else, like a roommate,” Ralphs said. “People who are not cohabitants can get a stalking injunction.”

Protective orders can last forever, while stalking injunctions last three years.

According to 50 responses received by the Legal Aid Society, 90 percent of protective orders are not violated.

“But we do know violations happen,” Ralphs said. “We tell all our clients: protective orders are very effective, but we will give them advice to keep them safe. Lock your doors at night, have an escape route in your house, have a suitcase packed and copies of important documents in case you have to flee on a moment’s notice.”

Women and children can find a safe haven at the YWCA in downtown Salt Lake City. It also provides safety plans for victims who arrive seeking help.

“We are a completely free, nonprofit agency,” said Lam Nguyen, director of Women’s Services and Diversity Services at the YWCA. “We provide crisis intervention and basic items and needs.”

The average length of stay at the YWCA’s Crisis Shelter is about 20 days, according to Nguyen. Groups for children are available while they are at the shelter. “We have an academic specialist that can do lessons with the kids. We have support groups to cope with what has happened and we have recreational programs,” Nguyen said.

The shelter is available to 75 women and children at one time and the program serves more than 500 women and children each year. The YWCA helps connect victims with the Legal Aid Society to file for a protective order. The YWCA will then check in with the victim weekly to see how she is doing and assess her goals.

The Legal Aid Society offers full legal representation throughout the process the victim is going through. “It is very important, we feel, to provide [for them] from start to finish so they are sure they are getting all the protections the law affords them,” Ralphs said. “There’s something really nice about doing whatever is necessary for someone. If it takes two months, great. If it takes five years, it doesn’t matter. I will do what’s necessary.”

For more domestic abuse help, call the Utah Domestic Violence Link Line at 1-800-897-LINK (5465) or the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

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