New York Lawyers for the Public Interest, Inc.

Transcription

1 New York Lawyers for the Public Interest, Inc. Overview of Achievements, NYLPI provided direct legal services, education, and training that benefitted more than 6,500 people in New York City and accomplished significant impact, improving the lives of more than three million New Yorkers. Our unique community lawyering model depends on our long-term relationships with community groups to build power for positive change through a wide range of legal services, community education, and organizing. 500,000 children protected from toxic PCBs. Working with NY Communities for Change and pro bono counsel White & Case, we won a settlement that will lead to the clean-up of all City schools in three years five years earlier that the City s initial plan million New Yorkers can now access vital health care and social services in a language that they can understand. NYLPI s coalition and policy advocacy led to groundbreaking Executive Orders in Long Island and implementation of a sweeping statewide bill requiring county agencies and pharmacies to provide language access services. 675,000 New Yorkers with disabilities will be able to physically access health care from public hospitals. NYLPI wrote a report with Independence Care Systems (ICS) revealing that medical facilities in the City provide unequal and inaccessible care for people with disabilities. As a result of our advocacy campaign, the City Council allotted $5 million over two years to ensure that public hospitals are accessible. 4,300 individuals with mental illness will have the opportunity to live independently instead of being warehoused in adult homes. This tremendous victory, achieved after years of advocacy and litigation, is a result of a landmark settlement that NYLPI and co-counsel reached with the State in July 2013 to end the segregation of thousands of people with mental illness in unnecessarily restrictive institutions. We partnered with 863 attorneys from 79 member law firms through the Pro Bono Clearinghouse. These attorneys donated over 16,000 pro bono hours to provide crucial legal assistance to 430 nonprofits in the full range of legal matters. In 499 matters that benefitted more than 1,300 people, our work ensured that children in public schools received appropriate services and that low-income, disabled New Yorkers had accessible and stable housing. We trained and provided resources to more than 5,600 community members on nonprofit management and empowerment strategies to access healthcare, education, and housing. We advocated on behalf of tens of thousands of Limited English Proficient (LEP) parents of children with disabilities who are unable to play a meaningful role in their children s education because the school system fails to provide translation and interpretation services. Service Area: New York City Metropolitan Area This Provider At a Glance Population Served: People with Disabilities Area Served: New York City Metropolitan Area Total Funding: $5,198,007 Total IOLA Grant: $185,000 Staffing - Full Time Equivalents Total Staff: Lawyers: Other Staff: Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects New York Lawyers for the Public Interest, Inc. - 1

2 Outcomes 1,319 Individuals Benefited from 499 Closed Direct Civil Legal Cases Dollar Benefits Achieved for Clients* - Total $193,770 Other Benefits: $193,770 *Total includes back awards and total monthly benefits, estimated over 12 months for other benefits. Extended Representation Outcomes 397 People benefited from extended representation Brief Representation Benefits 566 People benefited from legal advice and counsel 355 People benefited from non-litigation advocacy services 1 Person benefited by referral to other sources of help Examples... Outcomes for Clients.B. is a twelve-year-old boy with multiple disabilities. For several consecutive school years, T.B. s reading and T math levels remained at a second grade level, but the special education team at his school failed to provide him with additional supports. T.B. s father came to NYLPI for assistance with obtaining tutoring for T.B. NYLPI advocated on behalf of T.B. to obtain a comprehensive neuropsychological evaluation to better understand T.B. s disabilities and his educational needs. Although the Department of Education (DOE) is required to evaluate children with disabilities at least every three years, this was the first time T.B. had been evaluated in several years. In December 2013 and January 2014, NYLPI represented T.B. at an impartial due process hearing seeking over 300 hours of one-to-one multisensory tutoring paid for by the DOE to help T.B. get up to speed academically. In March 2014, due to NYLPI s advocacy, T.B. was awarded the full amount of tutoring requested, in addition to other evaluations. The hearing officer also ordered the DOE to immediately convene a special education meeting for T.B. to determine what other supports might be necessary to help him make adequate progress. YLPI represented Ms. M. in an Article 78 proceeding against New York City Transit (NYCT), challenging N NYCT s denial of her application for Access-A-Ride (AAR) paratransit services. Ms. M. has multiple disabilities that prevent her from using public transportation, including bipolar disorder, panic attacks, PTSD, and mobility impairments. NYCT had consistently found her to be eligible for AAR services between 2004 and However, when Ms. M. completed her routine recertification in 2012, NYCT arbitrarily denied her services. Ms. M. reapplied in 2013, and was again denied, at which point she contacted NYLPI. NYLPI advised Ms. M. in preparation of her AAR appeal, and after NYCT denied her yet again, NYLPI filed a Freedom of Information Law (FOIL) request to obtain her AAR file. After successfully challenging NYCT s unreasonable delayed timeline for providing the records in the FOIL request, NYLPI prepared an Article 78 challenge to NYCT s denial of Ms. M. s administrative appeal, which was filed in August In December 2013, the judge granted Ms. M. s petition. In a detailed opinion, the judge agreed with NYLPI s arguments regarding not only the arbitrary manner in which NYCT handled Ms. M. s application for AAR services, but also NYCT s decision-making and eligibility process broadly speaking. Promptly after the judge issued his opinion, NYCT reinstated Ms. M. s AAR services. Breakdown of Cases by Legal Problem Area People Cases Total 1, Education Individual Rights Housing Employment Other Education 61% Individual Rights 22% Housing 10% Employment 3% Other 4% New York Lawyers for the Public Interest, Inc. - 2

3 Other Services Hotlines and Other Telephone Based Legal Services NYLPI has a phone intake system that connects callers with advocates who perform an initial assessment of the call, then provide information and referral, or conduct advocacy in conjunction with a staff attorney experienced in the substantive area. The calls are initially received by an intake receptionist who is fluent in both English and Spanish and who passes the call to intake advocates, many of whom are also bilingual in English and Spanish. NYLPI also utilizes language line, a contracting company that provides third party operators who speak over 150 languages for clients that speak languages other than Spanish or English. NYLPI has a TTY machine and accepts video relay service calls, in addition to hiring in-person sign language interpreters as needed for clients who are deaf or hard of hearing. The additional presence of a social worker and counselor on staff also allows us to provide appropriate support and advocacy to clients who have mental illness or cognitive disabilities. NYLPI s offices are physically accessible and compliant with the Americans with Disabilities Act. Nonprofit organizations seeking private bar assistance discuss their case with NYLPI s Director of Pro Bono Programs or the Pro Bono Clearinghouse Associate. These telephone numbers are listed on LawHelpNY. Technology and Other Innovations NYLPI continues to develop and enhance our case management database Case Management Pro. NYLPI subscribes to Westlaw, making case research fast and effective, and all NYLPI staff has access to and the Internet. NYLPI has a TTY line and video relay so that we can provide intake and technical assistance services to people who are hearing impaired. The Clearinghouse distributes the cases it is seeking to place with pro bono attorneys through a weekly . NYLPI regularly updates its website, which provides information on our programs, as well as resources we have available. NYLPI also maintains a Spanish version of the website. Legal Services Other Than Direct Legal Representation NYLPI has an extensive community education program supported in part by IOLA funds. NYLPI s attorneys and community organizers regularly provide trainings to community groups and stakeholders in order to empower them to better advocate for themselves. In the past 12 months, we trained and provided resources to more than 5,600 community members on empowerment strategies to access healthcare, education, and housing. Collaborations With Other Service Providers Collaboration with New York Communities for Change Safe Schools Over the past six years, NYLPI has worked closely with New York Communities for Change (NYCC) to protect the health of City children by ensuring that all public schools are free from toxic contamination. Through community organizing, we have educated hundreds of parents, teachers, and concerned stakeholders about the presence of PCBs in NYC schools, how to identify signs of contamination, and how to agitate for change by using media, engaging in letter writing campaigns, lobbying their elected officials, and pushing school leadership. We ve engaged in a vast coalition building campaign, bringing together unions, environmental justice organizations, elected officials, and parents from affected schools in every borough of New York City. NYLPI and NYCC have pushed the EPA to strengthen significantly its national guidelines regarding PCB contamination and testing, and played a major role in the passage of two local laws that require City officials to inform parents and the City Council of PCB contamination and clean-up plans at City schools. This multi-pronged approach proved to be tremendously successful last year when NYLPI and NYCC negotiated a settlement requiring the City to remove all PCB light fixtures by December 31, 2016 a completion date that is five years earlier than that of the original ten-year timeline. Collaboration with New Economy Project (NEP) - Helping Victims of Sham Trade Schools Discharge Debt There has been a growing crisis among low-income New Yorkers who have been saddled with debts they incurred from enrolling in sham trade schools. For years, illegitimate trade schools have been scamming New Yorkers interested in improving their job prospects and credentials. These schools do not help people cultivate skills and secure better jobs but instead exploit federal loan programs. Attendees are left without skills and then have significant student loans that can cause crippling debt, ruined credit, and Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 84,123 People Community Legal Education and Pro Se Assistance: 7,150 People Web Usage: 75,794 People Legal Hotline Services: 1,179 People New York Lawyers for the Public Interest, Inc. - 3

4 Other Services, continued financial devastation. This debt prevents them from accruing savings, providing for their families, and obtaining new loans to attend legitimate schools. Often, wages are garnished and tax credits are obstructed, resulting in further financial loss. NYLPI s Pro bono Clearinghouse established a Partnership Project with New Economy Project (NEP, formerly NEDAP). NEP promotes community economic justice and works to eliminate discriminatory economic practices that harm communities and perpetuate inequality and poverty. The project links pro bono attorneys with victims of these scams to obtain discharges of their debt. The NEP staff screens clients for eligibility for discharge, trains lawyers in the issue, and provides ongoing mentoring throughout the statutory discharge application process. The project has been operating with great success at NYLPI member firm Morrison & Foerster, where a team of 15 attorneys have assisted 13 low-income New Yorkers seek relief. Recently, NYLPI member firm Herrick, Feinstein LLP joined the effort to provide relief to these New Yorkers. Collaboration with LEAP LEAP is a legal advocacy network of ten New York City civil legal services providers who came together in 2004 in order to expand the availability of quality legal services. In addition to NYLPI, the network includes CAMBA Legal Services; Goddard Riverside Community Center, SRO Law Project; Housing Conservation Coordinators; Lenox Hill Neighborhood House; Make the Road New York; MFY Legal Services; Northern Manhattan Improvement Corporation Legal Services (NMIC); The Bronx Defenders; and Urban Justice Center. Collectively, we employ over 300 lawyers, advocates, organizers, and other staff members, who provide critical assistance to over 60,000 low-income households every year via innovative legal services delivery models. On a weekly basis, there are teams of LEAP attorneys holding legal clinics and community workshops across the city, educating people on their rights and how to enforce them. Our clients, their neighborhoods, and the City and State as a whole receive substantial benefits from our services. For example, in recent years, LEAP s clients obtained over $30 million in dollar benefits as a result of our work. In addition to our work on behalf of New York City s most vulnerable residents, LEAP plays a significant role in educating the legal services community. LEAP holds free trainings and continued legal education seminars for new and experienced attorneys on a variety of topics and legal issues. We develop the capacity of our organizations by combining resources and sharing best practices. By working together and coordinating our efforts to avoid duplication of services, LEAP strives to ensure increased access to justice for the neediest New Yorkers. Backup or Support Services Through NYLPI s Pro Bono Clearinghouse, many providers of legal services and other groups are supported by pro bono attorneys. In cases brought by the legal defense funds and other civil rights organizations, NYLPI has sought and obtained private bar assistance to serve as co-counsel and to play other significant roles in cases. During the reporting period, Clearinghouse firms were working on 430 cases on behalf of New York City nonprofits. The nonprofits that NYLPI serves are primarily community groups and grassroots organizations that collectively serve over one million low-income, marginalized New Yorkers. For example, a NYLPI member firm provided legal assistance to the North Bronx Youth Sports Association (NBYSA), a nonprofit that organizes recreational sports events including tackle football, cheerleading, soccer, and basketball for children in the community. The organization entered a team of local Sources of Funding Total $5,198,007 IOLA Grant $185,000 Income from fundraising events $2,306,933 Legal Services Corp (LSC) $916,881 Private Bar $644,750 Other $1,144,443 Private Bar 12% Other 22% IOLA Grant 4% Income from fundraising events 44% New York Lawyers for the Public Interest, Inc. - 4 Legal Services Corp (LSC) 18%

5 Other Services, continued children in a football league and paid registration fees for the team to participate. However, the children were prevented from playing their games as they were incorrectly placed in an age division that was unsafe for them. NBYSA needed legal assistance to retrieve the $790 it paid. NYLPI also engages in partnership projects with law firms. Partnership projects involve a commitment of significant pro bono resources aimed at strengthening communities or addressing systemic problems. NYLPI trains pro bono lawyers in the relevant area of the law and provides ongoing support. These projects enable law firms to have a significant impact on a particular issue and to develop a strong and lasting partnership with a public interest organization or legal service providers. Currently, the Clearinghouse is partnering with member firms on projects in the areas of housing access and education. Major Cases or Other Advocacy Projects Adult Homes Litigation In New York State, approximately 4,300 adult home residents with mental illness are warehoused in adult homes where they do not receive services in the most integrated setting appropriate to their needs. NYLPI and co-counsel filed Disability Advocates, Inc. (DAI) v. Cuomo early last year to end the segregation of thousands of people with mental illness in unnecessarily restrictive institutions. Milestones: In July 2013 NYLPI and co-counsel enjoyed a tremendous victory when we reached a settlement with New York State. On January 9, more than 100 of our courageous clients testified at the Brooklyn federal courthouse. They shared the stark reality of their lives in adult homes across the city and urged the court to approve the settlement that will give them the opportunity to live, with supports, in the community. On March 18, U.S. District Judge Nicholas Garaufis approved the landmark settlement on behalf of adult homes residents, thereby giving them the opportunity to live in their own homes. Impact: 4,300 individuals with mental illness will have the opportunity to live in their own homes instead of being warehoused in adult homes. Pro Bono Volunteer Involvement NYLPI implements a holistic method to stimulate greater pro bono involvement from the private bar. From meeting directly with lawyers who are or may be interested in pro bono opportunities to help the public interest, to working with law students and law schools to reinforce the importance of public interest work and pro bono involvement, to attending bar association functions to create efficiencies with colleagues, to publicizing cases in the media to reinforce a message and strengthen the impact, to holding events and distributing information to recognize the importance of the pro bono and public interest work performed by member firms and others. NYLPI works to promote a legal culture where pro bono involvement is valued, and the private bar s ability to serve the public interest through pro bono involvement is maximized. NYLPI s Director of Pro Bono Programs and Executive Director schedule regular meetings with partners, pro bono committees, and lawyers from member firms and corporate legal departments to reinforce that message and to determine how better to facilitate pro bono opportunities, and to the extent possible, tailor pro bono projects based on a firm s interests. In addition, members of NYLPI s board, many of whom are partners at New York firms, advocate for pro bono lawyering among their partners and associates. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 863 Volunteers 16,900 Hours Law Students: 16 Volunteers 5,200 Hours Other Volunteers: 7 Volunteers 2,240 Hours Total Cases Completed by Attorneys: 32 Cases Dollar Value of Attorney Services*: $4.23 million *estimated at $250 per hour NYLPI also works to promote the importance of pro bono lawyering through its Visiting Summer Associates Program, which places summer associates from participating member law firms in two-week externships at public interest law organizations in New York. In the summer of 2013, 10 law firms sent 38 summer associates to 13 public interest law organizations, including Brooklyn Legal Services, ProBono.net, The Bronx Defenders, MFY Legal Services, Vera Institute of Justice, and National Center for Law & Economic Justice. Summer associates had the opportunity to work on a variety of different issues ranging from disability rights to immigration law to prisoner s rights. NYLPI also hosts several associate internship programs that expose young attorneys to pro bono work, and holds events for summer associates at law firms to introduce them to the concept of pro bono. In addition, NYLPI hosts summer interns from law schools, providing an organized twelve-week program that introduces them to community lawyering and affords the opportunity to work on a range of issues. During the grant period, the Clearinghouse engaged New York Lawyers for the Public Interest, Inc. - 5

6 Other Services, continued over 863 pro bono attorneys from 79 law firms. These attorneys donated over 16,000 pro bono hours and directly represented 430 nonprofits and community groups by providing counsel on matters such as formation and corporate structure, contract negotiations, employment and labor issues, litigations and more. These nonprofits are then able to spread their reach in serving their communities by utilizing their resources for their missions rather than on costly legal services. The Clearinghouse has expanded its client services beyond direct representation to serve a broader audience. Using pro bono attorneys as teachers, the Clearinghouse has organized workshops and classes on various topics including fiscal sponsorship, legal issues to consider when using social media, corporate housekeeping, and New York State workers compensation rules. Over 400 representatives from nonprofits have attended these various courses during the grant period and many go on to work with the Clearinghouse to engage direct representation. The Clearinghouse also produces an e- newsletter that is circulated to over 1,500 contacts. This e -newsletter contains valuable resources including articles written by pro bono attorneys on a variety of topics that engage their expertise on legal issues. Such articles have covered topics including worker s compensation, employment contracts, and insurance. New York Lawyers for the Public Interest, Inc. - 6