An escape route for victims of domestic violence

Posted on April 2, 2009 by comm5775

Victims of domestic abuse have resources available that can ultimately result in survival

by MICHELLE SCHMITT

A woman is a victim of domestic violence every 15 minutes, according to a 2007 report done by Draper City Crime Victim Services.

Such victims can receive help from Legal Aid Society of Salt Lake, which is an organization that focuses on family safety and is designed to help victims through a complicated court system. One resource Legal Aid Society assists with is preparing victims with a plan for escape in case an attacker comes after them.

“It’s one of the greatest parts of the service we [provide],” said Stewart Ralphs, executive director of Legal Aid Society.

Ralphs referred to the getaway route as “practical steps for an escape plan,” which can include anything from locking doors, to having a designated window that is best for escape, to always having packed bags that are ready to go.

Ned Searle, a representative with the Utah Office on Domestic and Sexual Violence, said when intuition tells you to leave it is important to be prepared.

Searle suggested that victims be prepared with medical records, credit cards and jewelry, among other things. He said that even taking something as seemingly inconsequential as a disposable camera can make the transition easier for a family that had to flee in the face of danger. Many people take photos of everyday events, so having a camera can help increase normalcy for a family that is surviving an unstable condition.

Other things people often forget to include with items they are prepared to take with them are family photos, an extra car key and anything that may offer a sense of ordinariness.

Searle recalled a neighbor whose husband was stalking her after their divorce. While he wanted his neighbor to be ready to leave if a dangerous situation occurred, Searle also knew he had to handle the circumstance carefully.

“I didn’t want to scare her,” Searle said. He said there is a fine line between scaring a victim and encouraging the victim of domestic abuse to be prepared for the worst.

Ralphs and Searle agree that issues of domestic violence are rarely, if ever, solved on their own. Searle said dangerous situations can spiral downward and lead to more abuse, while Ralphs said domestic violence never decreases.

“I probably get one or two victims a year” who should devise an escape route, Searle said. He added that most are frustrated with the system.

Many victims are fed up that their abuser has more money and hence more resources that make the offender better able to work within the court system, Searle said.

But Ralphs said domestic violence victims can receive legal help through Legal Aid Society.

“I get to level the playing field [and] I love being able to represent people,” Ralphs said. “Sometimes it is the first time in my client’s life that someone will stick up for them.”

Searle was careful to note that few mistakes are made by the victims of domestic violence; most know to call 911 and seek help. One piece of advice he has for victims is to trust the small intuitive voice and listen if that voice tells you to leave.

“I think people in domestic violence situations [stay] because they have been beaten down so low in self-esteem and self-worth that they don’t think they can [leave],” Searle said.

Victims of domestic violence face many psychological, legal and safety challenges. Children are often involved too, which exacerbates already dangerous and stressful problems.

“Children are always [victims of domestic violence]; if they are not the primary victim, they are the secondary victim,” Ralphs said.

The Utah Domestic Violence Council (UDVC) supports Ralphs’ concern about children in violent situations and advises parents to inform their children not to get involved during a domestic dispute.

A complete safety plan for those who intend on leaving an abuser can be found on the UDVC Web site.

The plan provides a checklist for necessary identification, financial and legal papers, as well as any medications, phone numbers and personal items that need to be compiled and ready to go in case an attacker comes looking for their victim.

In addition, UDVC lists comprehensive tips and necessary information that is useful for anyone involved in a dangerous domestic dispute.

Filed under: Legal Aid | Tagged: , | Leave a comment »

Utah legal aid: Money matters

Posted on April 2, 2009 by comm5775

by JED LAYTON

Kai Wilson isn’t greedy. He just wants money.

He wants more money to go into a group of agencies that provides legal services for low-income Utahns.

The agencies, which include Utah Legal Services, Disability Law Center and Legal Aid Society of Salt Lake, all exist under the umbrella of another agency called “… And Justice For All.”

Wilson, executive director of “… And Justice For All,” refers to himself as an administrator who promotes legal assistance for the needy and tries to raise more funding.

“The more money we can raise, the more people we can help,” he said. Wilson gave numerous examples of the types of people the three agencies have helped over the years.

One individual — names are not typically given to keep identities confidential — escaped to Utah from an abusive husband. She contacted “… And Justice For All” to receive help obtaining a restraining order.

“She is now living happily away from her husband,” Wilson said.

However, not all stories end as well as hers. Wilson said the three agencies only help about 13 percent of Utah’s low-income population.

“Many people, especially in the rural parts of the state, they don’t even know we exist,” he said.

Wilson’s goal is to find a way to change that. But it is a difficult task. “… And Justice For All” and its three sub-agencies currently have an annual budget of about $5 million. Wilson said donations and funding directly to “… And Justice for All” accounts for nearly $1.2 million of the total.

“We earn 23 percent of the money as revenue from our services, the rest comes from donations,” he said. “We get $200,000 from the state each year, about $500,000 from various lawyers and the rest from others.”

While $5 million may seem like a hefty amount of cash, Wilson said money goes fast. The agencies spend an average of only $187 on each client helped.
For example, Utah Legal Services helped 22,000 people last year. However, most received quick advice or suggestions from an attorney. Only 8,000 clients were actually represented last year.

Wilson said his goal is to be able to help 20 percent of Utah’s low-income population. To do this, he said he would like to adopt funding resources similar to those used in other states.

He pointed to the state of Washington as an example of how he would like Utah’s legal aid funding to operate.

Nell McNamara, director of the Equal Justice Coalition in Washington, said the agencies she oversees are able to help more than 20 percent of Washington’s low-income population. The difference, she said, between Washington and other states is the number of agencies, a legal-aid-minded community and encouragement from local government.

The EJC comprises more than 50 separate agencies scattered throughout Washington and serving different legal needs, compared to Utah, which has just under half a dozen agencies. For example, one agency focuses on serving the needs of Washington’s immigrants. Another agency provides services for youth involved in the juvenile justice system.

McNamara said she was unsure how much money the groups received from donations but speculated it was the EJC’s biggest source of money. It receives $11 million from the state government each year. Add an additional $5 million from the federal government and its budget begins to soar.

“The problem is that we always need money,” McNamara said. “There are always people to help.” But, legal aid has improved over the past decade, she said.

In 2003, McNamara’s agency did a study that found 88 percent of low-income families were not receiving assistance. To improve that record, the legal aid community organized itself and formed what McNamara described as a “tight knight legal family.”

“They all seem to have embraced legal aid and know why it is important. We have a broad base of support that other parts of the country don’t have,” she said.

On top of that, the EJC has used innovative and unique ways to raise money. Life insurance plans, or planned death funds are popular. Charity events and lotteries are also used.

Wilson said Utah’s legal aid groups are starting to use similar methods to raise money, but the progress is slow. He added that the situation in Washington is ideal, but conditions in Utah would not make it possible.

“Utah is just a lot more conservative than a state like Washington,” he said. “The political atmosphere does not lend toward providing a lot of help toward legal aid.”

However, Wilson refuses to give up the fight. He has already created a planned death donation in his own name and encourages others to do the same if they are capable.

Meanwhile, Wilson will continue talking about “… And Justice For All” and working toward offering legal assistance to every person he can, not just 13 percent or 20 percent of the population.

Filed under: Legal Aid | Tagged: | Leave a comment »

Pro bono agency seeks funds for disadvantaged

Posted on April 2, 2009 by comm5775

by MADISON RICE

A possible $200,000 cut looms over domestic abuse and family law assistance in the 2009 legislative session. But Kai Wilson, executive director of “…And Justice For All,” is optimistic that his umbrella organization will continue to provide access to legal services for disadvantaged Utahns — despite what others would call a setback.

Formed by several nonprofit advocacy groups in 1998, “…And Justice For All” is comprised of the Disability Law Center, the Legal Aid Society of Salt Lake, and Utah Legal Services. Together they allow clients access to various legal services such as help for domestic violence victims, employment problems and helping disabled persons receive their benefits.

Wilson related a story about a Utah woman who is deaf. Her insurance wouldn’t pay for a cochlear implant she needed. The woman contacted “…And Justice For All” and received help from the Disability Law Center, which took legal action for her to get her implant. “She could hear her children’s voices for the first time,” Wilson said.

The Disability Law Center also helped a client acquire a needed wheelchair ramp in his home.

The goal of “…And Justice For All” is to support 20 percent of low-income families with legal assistance. Currently it assists 13 percent.

“Thirty-six thousand people were helped last year,” Wilson said. “We would love to assist as many people as the most successful states. Only money is in our way.”

Utah Legal Services reported more than 80,000 legal needs go unmet each year in Utah.

Legislative funding isn’t the only thing the economy may affect. While there has been a spike in requests for bankruptcy assistance, Wilson noted a significant drop in donations from banks. “At one point, banks made 6 percent of our revenue,” he said.

The umbrella organization conducts an annual campaign focusing primarily on attorneys to raise about $850,000. These funds support the three nonprofit organizations as well as help other organizations with their unmet needs.

The current “Campaign Kick-off” was held Jan. 29, 2009, at the Utah Law and Justice Center in Salt Lake City. Several attorneys and other individual contributors in attendance had breakfast and listened to keynote speaker State Sen. Stephen H. Urquhart (R-St. George).

The organization’s fundraising events have included continuing legal education seminars, a silent auction, a 5K run and walk, a phone-a-thon by new lawyers and even a “Bar Sharks for Justice” pool tournament.

These events are essential in promoting the mission of “…And Justice For All,” which is “to increase access to civil legal services for the disadvantaged and those with disabilities throughout Utah,” according to its mission statement.

Contributions from law firms and individual contributors make up 80 percent of funding for “…And Justice For All,” while 20 percent is rental revenue from its building. Among the top-donating law firms is Parr Brown Gee and Loveless, a Salt Lake City-based commercial law firm.

“I think [“…And Justice For All”] is a good thing,” said Bruce Maak, an attorney and founding member of Parr Brown Gee and Loveless. “One of our legal system’s shortcomings is that utilizing it is unreasonably expensive. Even middle-income American people cannot afford to use the legal system, even though they may need it, because it is beyond the expense that their budgets can sustain.”

Maak has made referrals to clients who have met the requirements for these Utah pro bono programs.

“Anything that can be done to make legal services more available to lower-income people is a good thing,” Maak said. “The lawyers who do that are very dedicated people.”

Legal Aid Society of Salt Lake helps victims of domestic violence obtain protective orders. A study done by Legal Aid shows that 91 percent of people do not experience violence in the home after receiving a protective order. Knowing this, the group prioritizes cases involving domestic violence and immediate needs like food and shelter, Wilson said. In 2008, Legal Aid helped 22,000 people and represented 8,000 of those.

“People hear about us by word of mouth,” Wilson said. “Several state agencies refer people to us and a lot of people just know other people who used us.”

“…And Justice For All” is determined to continue providing free and low-cost legal services in Utah despite the economic turmoil.

“We are all about self-advocacy,” Wilson said. “To teach people to fight for their rights.”

Filed under: Legal Aid | Tagged: | Leave a comment »

Paige Kasteler

Posted on April 2, 2009 by comm5775

MY STORIES:Paige

MY BLOG:

When I first learned about our beat of covering legal assistance for low-income Utahns, I was excited and nervous. I was excited that we were covering something so important and life changing for a lot of people. I wanted to take these people, that had been through so much life trauma, and help them by telling their stories in a way that could help them get their message out and help others. But I was also nervous about telling stories that were so personal. I didn’t want to make anyone that had been through so much already, relive some of the worst parts of their lives for me. And I didn’t want anyone to feel like I was prying into intimate details that were none of my business. I was never more nervous for an interview.

However the interviews were all pleasantly surprising. My main source was obliging and willing to talk to me about all of her life experiences. She was open and willing to share, and always answered any questions that I had. Through this experience, I felt a deep connection to my source and could not help but get caught up in her story.

This beat has made me more aware and compassionate to the legal needs of low-income Utahns. It is a larger problem than I had ever realized. I hope that through my reporting I could share some of my newfound awareness with other people.

MY BIO:

I was born and raised in Salt Lake City, Utah. This is my junior year at the University of Utah, majoring in Mass Communication. I am aspiring to be a news writer.  I am specifically interested in politics and national and world news. I have worked at Clear Channel Radio, and done writing for various Web sites.

On a more personal note, I like to read, hike, jog and travel. I especially enjoy Utah for its variety of close and beautiful hiking trails. Last year, I ran in the Utah’s Wasatch 100 race for 15 miles. I also enjoy river running and kayaking throughout Utah and Idaho. I enjoy reading, too. I love reading the literary classics, and of course reading the news. My favorite news mediums include the New York Times, Newsweek and NPR.  I also just got back from traveling in Europe and would love to do more traveling to experience other cultures.

Filed under: Blogs & Bios, Student-Journalists | Leave a comment »

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.”

Filed under: Legal Aid | Tagged: | Leave a comment »

Elizabeth Pezqueda

Posted on April 2, 2009 by comm5775

MY STORIES:rpt_biopic

MY BLOG:
Working with “…And Justice For All” and Legal Aid Society of Salt Lake has been an incredible experience. I’ve learned so much about the services and resources available to victims of domestic violence, and it’s an education that has become very meaningful to me. To know there is an organization within our community that is so focused on getting victims of abuse out of dangerous situations gives me so much hope. Domestic violence is something no woman, man or child should ever have to deal with, and it’s great to know that there are people out there that help victims get relief from that type of situation.

While researching and writing about domestic violence, I had the chance to interview a woman who had lived through years of abuse from her husband. Her story is an incredible story and it truly touched me. Hearing how she got out of such a horrible situation and restarted her life was very inspiring, to say the least. I spoke with her for two hours and got to see just a small side of what an incredible person she is. Her optimistic attitude and hopeful outlook for her future was amazing to hear, and I feel very blessed to have been able to speak with her. My hopes in retelling her story are that it will be a source of strength for women in similar situations, and help victims of abuse learn about the different services that are available to them, no matter their income.

It’s been an amazing experience learning and writing about domestic violence issues, and I’m very appreciative to have had this opportunity. I hope the articles I’ve written will help and educate someone who is or has been a victim of abuse.

MY BIO:

I am a 21-year-old student at the University of Utah studying Mass Communication. I first got interested in journalism when I accidentally signed up for my high school’s newspaper class. I had a great teacher and an incredible, positive experience, and I’ve been set on making writing my career ever since. I plan to someday work for a successful, reputable newspaper or magazine, and write about sports and anything else that comes my way.

With five older brothers, I grew up completely surrounded by sports. I’ve played basketball my entire life, and would love to write about sports someday, but I’m open to writing about anything.

I loved writing from the very first news story I was assigned in high school, but it wasn’t until college that I learned more about the importance of providing the public with accurate, ethical, unbiased news. With so much going on in our world today, it’s important that everybody gets the most accurate information available about every issue.

I’ve lived in Utah my entire life, and I love Salt Lake City, but I’m excited to move when I graduate and experience a new place. I’m thinking about moving to Southern California when I’m done with school in the spring of 2010, and I look forward to the change and year-round warm weather.

Filed under: Blogs & Bios, Student-Journalists | Leave a comment »

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.

Filed under: Legal Aid | Tagged: , | Leave a comment »

Jed Layton

Posted on April 2, 2009 by comm5775

MY STORIES:jedpic2

MY BLOG:

Interviewing Lana McKinsey was a new experience for me in two significant ways that influenced me.  First, the location was different for me.  In the years that I have spent as a journalist I have interviewed people in a myriad of places:  airports, assembly halls, thunderstorms, mosh pits, bathrooms, offices, churches, mountain tops, grocery stores and many other places.  But until I met Lana I had never interviewed someone in a home. Lana is partially blind and mostly deaf. Communicating with her was difficult at times, but it was a good experience for me.  It helped me learn more about her and her personality.  I learned from looking around her apartment that she loved her family.  Picture frames dominated her walls, desks and shelves.  I learned how difficult it is for her to see.  Papers on her coffee table had 60-point, bold text.  Her computer screen was huge with huge icons and words to help her see.  And I could see that from letters, poems and projects that she had a loving heart.

These insights helped me see Lana not just as another person I was interviewing.  But instead I saw her as an important, unique person with a story to tell.  I realized it was my responsibility to find a way to tell her story in way that would show who she was.

The second aspect of the interview that was different was her response to me.  Again in my time as a journalist I have received diverse reactions from those I interviewed, or attempted to interview.  I have been struck, saluted, lied to, praised, cussed, threatened, ignored, thanked, envied, accused and been a target for food.  But I had never before been hugged.  At the end of my interview with Lana I stood to leave and informed her that I was impressed with her and her story.  I hoped that we could keep in touch.  She also stood and thanked me and gave me a surprising, warm hug because of my willingness to listen and tell her story.  It left me in a great mood and I have reflected upon it again and again.  It helped me understand the positive influence journalists can have if they use their power correctly.  But I was also alerted to how easily journalists can hurt and destroy those they could and should be helping

MY BIO:

Jed Layton has been writing since the fourth grade.  His teacher started a class newsletter and encouraged the young students to give writing a try.  Jed tried it and immediately felt comfortable with a pen and pad in hand.  He continued writing through high school and was made the editor-in-chief of his high school newspaper, The Viewmont High Danegeld.  From there he continued to the University of Utah, working for the Daily Utah Chronicle as the diversity and administration beats writer.  He took a two-year break for an LDS mission to Toronto that gave him a better perspective about other people, cultures and ideas.

He returned and two months later was again writing.  This time he was working for a student web publication covering the 2008 election.  He was able to travel to both the Democratic National Convention in Denver and the Republican National Convention in Minneapolis/St. Paul.  He and his group continued to cities like Chicago, Indianapolis, Phoenix, Annapolis, Philadelphia, Dayton and New York City to follow the campaign trails of John McCain and Barack Obama.  They established their base in Washington, D.C. where Jed was able to report on economic and political news during the beginning of the national recession.

After the election, Jed returned to work for the Daily Utah Chronicle for a few months.  He has now decided to focus his future on medicine but plans to continue writing both for his own sanity and also for the education and improvement of others.

Filed under: Blogs & Bios, Student-Journalists | Leave a comment »

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.”

Filed under: Legal Aid | Tagged: , , , | Leave a comment »

Tyler Cobb

Posted on April 2, 2009 by comm5775

MY STORIES:photo-ty-cobb

MY BLOG:

Covering this beat in class was harder than I would have ever thought. I have worked at The Daily Utah Chronicle as a photographer and photo editor for more than two years. I have worked with people and have worked on getting access in a number of different situations, but never relating to the law.

The problems started when the family in the case I was assigned were out of the country and could not be reached by an adoption attorney for the law firm MacArthur, Heder and Metler Paul MacArthur. This was the first time I had worked with the legal system and it was a rough start, but luckily for me MacArthur was a great guy and allowed me to do a profile on him and gave me a long interview and contacts for a coworker, a client and his wife. After all the horror stories you hear about attorneys, it was great to work with someone who was easy to work with and gave me so much of his time.

The interview process was the worst for me. Like I said, I have worked as a photographer for years and taken notes during interviews but my notes usually involve a two-sentence cutline under a photo. As I found out, there is a big difference in note taking for cutlines and notet aking for a 500- or 1200-word story.

It took hours to listen to recorded interviews and type up my notes. Often, I couldn’t understand what people said or forgot to ask detail-orientated questions, which forced me to call or e-mail the source again to find out what I had missed. It’s difficult to ask the right questions when you don’t know what the end result will be. Reporting and writing stories is a good skill, but if possible, I’d rather stick with photography as much as possible.

MY BIO:

I was born and raised in Utah. I have lived on the west side of Salt Lake City in Rose Park my whole life.

I have been a sports fan for as long as I can remember and hockey is by far my favorite sport to play and watch. I used to spend hours in the street playing hockey with my brother, Travis, and my neighbors, Derek and Justin Goudie, when I was growing up.

Now I’m a student at the University of Utah working toward becoming a photojournalist. I work at The Daily Utah Chronicle, the student newspaper at the University of Utah. I enjoy taking pictures at sporting events, especially hockey, basketball and football. With photography I have room to experiment, including playing with lighting and different angles that hopefully no one else has thought of.

I have won multiple awards from the Society of Professional Journalists for illustrations and sports photographs I have done in the past two years. This year I took second place in Sports Photography for the Utah Press Association, a contest that The Daily Utah Chronicle competes against the Salt Lake Tribune and Desert News, two professional newspapers in Salt Lake City.

It’s a tough job making sure art and photographs on the paper look good every day and one that keeps me working late. But it’s good experience for the work I hope to do after graduating. Someday I want to be a photographer for Sports Illustrated.

Filed under: Blogs & Bios, Student-Journalists | Leave a comment »

« Previous Page — Next Page »