Access to Justice Fairness Camille Gill Managing Attorney

Access to Justice & Fairness Camille Gill Managing Attorney Karen Lucas Immigration Justice Campaign Director Eugenio Mollo, Jr. OHIO AILA CONFERENCE | OCTOBER 19, 2018 Managing Attorney

What is pro bono representation and why are we talking about this? Camille Gill, Catholic Charities

Why is talking about Pro Bono a Professional Conduct Credit? See: Gov. Bar R. X, Sec. 3(B), eff. Jan. 1, 2014. (B) Professional conduct credit hours. As part of the minimum twenty-four credit hours of continuing legal education required by division (A) of this section, an attorney shall complete a minimum of two and one-half credit hours of instruction on one or any combination of the following professional conduct topics: (1) Legal ethics, which shall include instruction on the Ohio Rules of Professional Conduct;

Ohio Rules of Professional Conduct [6] A lawyer should: § seek improvement of the law § ensure access to the legal system § advance the administration of justice. . . § further the public’s understanding of and confidence in the rule of law and the justice system

Ohio Rules of Professional Conduct Because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority. . . § be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. . . § devote professional time and resources and use civic influence to ensure equal access to our system of justice for all; and, § aid the legal profession in pursuing these objectives…

Why is talking about Pro Bono a Professional Conduct Credit? See: Gov. Bar R. X, Sec. 3(B), eff. Jan. 1, 2014 (Continued) (2) Professionalism, which shall include instruction on the role of attorneys in promoting ethics and professionalism among attorneys by facilitating compliance with the requirements of the Ohio Rules of Professional Conduct, “A Lawyer’s Creed, ” “A Lawyer’s Aspirational Ideals, ” and the “Statement Regarding the Provision of Pro Bono Legal Services by Ohio Lawyers” adopted by the Supreme Court;

Issued Sept. 20, 2007 “This Court strongly encourages each Ohio lawyer to ensure access to justice for all Ohioans by participating in pro bono activities. ”

Why is talking about pro bono a Professional Conduct Credit? See: Gov. Bar R. X, Sec. 3(B), eff. Jan. 1, 2014 (Continued) (4) Access to justice and fairness in the courts and how these issues impact public trust and confidence in the judicial system and the perception of justice in Ohio, which shall include instruction on one or any combination of the following topics: (a) Interacting with self-represented litigants; (b) Encouraging pro bono representation; (c) Accommodating language interpretation; (d) Assuring fairness in matters of race, ethnicity, foreign origin, religion, gender, sexual orientation, disability, socio-economic status, or other relevant topics.

What is Pro Bono Representation? § Dictionary. com: § adjective, adverb (of legal work) without charge to the client: The firm offers pro bono legal services. He took the case pro bono. § Pro Bono Representation is not when you represent a client who fails to pay you. § Pro Bono Representation is when you take the case and agree from the onset that there will be no charge. § Not all immigration legal service nonprofits in Ohio represent only pro bono cases. Many charge low fees on some cases due to limited funding streams.

Attorney’s Role in a Pro Bono case § Clarify with the agency (and with your client) who is your client. § Especially tricky with children who are seeking immigration benefits. § Clarify with the agency the scope of your representation. § Individual hearing only? BIA appeal? Family court and immigration court? § Clarify with the agency what supports they can or cannot provide. § See handout for a list § Clarify with the client what is being provided for free. § Will the client need to pay court costs? Translation costs? Overnight mail? § Treat your pro bono client like a paying client. § Contract for representation that defines what you have agreed to do. § Regular communication with the client- for the benefit of their case, but also for your benefit if you need to withdraw. § Assure then that they are a priority, just like a client who pays.

Agency’s Role in a Pro Bono case § Define the opportunity available. § Brief advice, full representation, serve as a mentor. § Define the supports that can be provided to the attorney once the case is placed. § Sample pleadings, free interpreters, mentor, staff member to co-counsel. § Set limits on agency involvement. § Will you cover a hearing if the pro bono attorney is not available? § Will you take the case back if the pro bono attorney decides they no longer want it? § Follow up on outcomes, client experience, and attorney experience to make improvements for the future.

What is the pro bono need in Ohio, and what opportunities are available? Eugenio Mollo, Jr. , ABLE

Non-Pro Bono Attorneys: Why *Not* Take on Pro Bono Work? From: “Why Lawyers Give Back, ” March 2011, published by Lexis. Nexis and probono. net

Pro Bono Attorneys: Why Take on Pro Bono Work? From: “Why Lawyers Give Back, ” March 2011, published by Lexis. Nexis and probono. net

Earn CLE Credit Pro Bono Service § You can now receive CLE credit during your two-year CLE reporting cycle by performing certain types of pro bono legal services. § 1 CLE credit hour for every 6 hours of pro bono work, up to 6 CLE credits. § For more information: § https: //www. supremecourt. ohio. gov/Atty. Svcs/CLE/pro. Bono/. § Website only includes pro bono opportunities to earn CLE credit. Note: there are *many* immigration pro bono opportunities available that don’t come with CLE credit. Please consider these too (see handouts)!

In Ohio Today 2. 2 MILLION PEOPLE (20%) LIVE AT OR BELOW 125% OF THE FEDERAL POVERTY LEVEL. 571, 996 ARE CHILDREN

In Ohio Today PERSONS IN FAMILY 100% OF FEDERAL POVERTY 125% FEDERAL POVERTY 1 $12, 140 $15, 175 2 $16, 460 $20, 575 3 $20, 780 $25, 975 4 $25, 100 $31, 375

The Ohio Legal Aid Landscape 1. Advocates for Basic Legal Equality, Inc. Legal Aid of Western Ohio, Inc. 2. The Legal Aid Society of Cleveland 3. Community Legal Aid Services 4. The Legal Aid Society of Columbus 5. Southeastern Ohio Legal Services 6. Legal Aid Society of Greater Cincinnati Legal Aid Society of Southwest Ohio

Funding of Ohio’s Legal Aids 2017 25% 36% 39% Other sources

IOLTA helps to ensure access to justice for those who cannot afford an attorney But…

OHIO’S ATTORNEY LANDSCAPE Active Ohio Attorneys 35, 551 Attorneys Age > 65 6, 674 Attorneys Age < 40 9, 095 LEGAL AID ATTORNEYS: 266

YOUR OPPORTUNITIES TO ADVANCE THE PROFESSION: Be Active. Give Money. Volunteer! Educate Others

Our Pathway to a Brighter Future: OHIO’S NEW AMERICANS

Major Findings § Ohio has 500, 000+ immigrants. § Since 1998, Ohio’s population has been almost stagnant, growing at only 0. 15%, ranking Ohio 47 th in the country. § In addition, native-born Ohioans leave Ohio more than other native-born Americans move into Ohio. As a result, Ohio suffers a negative domestic net migration rate. § Over the last six years, roughly 183, 000 native-born people have moved out of Ohio. Conversely, nearly 113, 000 more immigrants moved into Ohio than left it. Immigrants are thus helping to stabilize Ohio’s population and are, in fact, a source of growth.

Major Findings § Despite the fact that unemployment rates are consistently higher for nativeborn individuals, the poverty rate for Ohio’s immigrants is 18. 7%, higher than the rate for native-born Ohioans (14. 4%). Although this figure may seem counter-intuitive, this reality is a function of the time it takes to acclimate to a new country, new customs, perhaps a new language, networks, and social mores; and the period of transition often translates to socioeconomic difficulties. § Not surprisingly, poverty rates are higher for newly-arriving immigrants than for immigrants who have been here longer and who have adapted to the United States. In Ohio, the poverty rate for immigrants who arrived prior to 2000 is 11%, compared to 30. 8% for those who entered after 2010.

“Scarcity of Legal Services for Immigrants” § The Legal Services Corporation recently found in its 2017 Justice Gap Report that 86% of the civil legal problems reported by lowincome people received inadequate or no legal help. A similar scarcity of legal services for immigrants exists in Ohio. § A study in the University of Pennsylvania Law Review (2015): Only 37% of all immigrants and 14% of detained immigrants had counsel in their deportation cases.

“Scarcity of Legal Services for Immigrants” § According to the National Immigration Legal Services Directory, there are only fifteen agencies in Ohio that serve immigrants in some legal capacity. § Some of these organizations do not have an attorney on staff. § Some only assist with visa applications and filings and are only authorized to practice before the Department of Homeland Security. § Some agencies, like most legal aid programs in Ohio, are prohibited from representing undocumented immigrants.

Representation Results § New York Immigrant Family Unity Project (2017): Analyzing the cases already completed and using advanced statistical modeling that indicates the likely outcomes of pending cases, Vera has estimated that 48 percent of cases will end successfully for NYIFUP clients. This is a 1, 100 % increase from the observed 4 % success rate for unrepresented cases at Varick Street before NYIFUP. § “Ohio needs to imagine its immigrant support infrastructure as a launchpad, not a safety net. ” § Investments in Ohio’s immigrants will help them contribute more quickly and positively to Ohio’s communities and the economy.

Sampling: Franklin County § In Franklin County, only 58. 4% of immigrants are represented in removal proceedings, below the statewide average of 61%. § By comparison: § Honolulu, HI: 90. 6% § Pontiac, MI: 73. 7% § Berks County-Reading, PA: 68. 5% § Detroit, MI: 67. 8% § “Where You Live Impacts Ability To Obtain Representation in Immigration Court, ” available at trac. syr. edu/immigration/reports/477/.

A Philanthropic Call To Action § Ohio’s immigrants do not have sufficient access to the supportive services they need to transition successfully into new Americans. Ohio’s immigrants lack: § Educational opportunities for English Language Learners (ELLs) at all levels from primary school through GED and community college as well as adult education; § Trustworthy and affordable legal services; ◦ “Fewer than 35 lawyers in Ohio are able to represent low -income immigrants regardless of their legal status or ability to pay. ” § Appropriate, trustworthy and affordable healthcare including mental health, physical health, and dental.

Now that you have decided to take a pro bono case, what are best practices? Karen Lucas, AIC

Immigration Justice Campaign Visit: www. immigrationjustice. us Contact: justice@immcouncil. org

Orientation for New Pro Bono Volunteers § What is the scope of my representation? § Do I know how to access training and mentorship? § Do I have any conflicts of interest? § Does my malpractice insurance cover my pro bono work? § Where is my client located? § How will I communicate with my client?

Trauma-Informed Pro Bono Representation and Secondary Trauma Support

Even More Help: www. aila. org!

Language access and pro bono

Language Access § What is the difference between interpretation and translation? § Should you use the client’s friends and family as interpreters? § Role play of how to properly speak to your client through an interpreter. § Examples of how our organizations accommodate language access for our own clients and for cases we place with pro bono attorneys. § Catholic Charities, Diocese of Cleveland § Advocates for Basic Legal Equality § American Immigration Council

Questions?

Access to Justice & Fairness Camille Gill Managing Attorney Karen Lucas Immigration Justice Campaign Director Eugenio Mollo, Jr. OHIO AILA CONFERENCE | OCTOBER 19, 2018 Managing Attorney