Interim Report: The Virtual Legal Clinic Pilot Project

Transcription

1 Interim Report: The Virtual Legal Clinic Pilot Project Office of Lieutenant Governor Sheila Simon July 2013 Legal and Legislative Affairs Team Policy Team

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3 EXECUTIVE SUMMARY NEED Domestic violence is any physical, emotional or sexual abuse of a family or household member by another family or household member. One in four women (25%) has experienced domestic violence in her lifetime. More than 116,000 incidents of domestic violence are reported to police in Illinois each year, but countless incidents go unreported. In Illinois, more than 2,000 domestic violence victims seek help every day. For a majority of survivors of domestic violence, the need for services such as legal advocacy and advice goes unmet. In many rural Illinois counties, there are only a handful of attorneys trained in family law and domestic violence matters. MILESTONES Lt. Governor Sheila Simon s office, in partnership with the Illinois Coalition Against Domestic Violence, (ICADV) launched the Virtual Legal Clinic (VLC) to provide free, private, legal consultations via web cam technology by licensed attorneys skilled in family law to domestic violence survivors who are clients of ICADV agencies. The first legal consultation was in December Through June 30, 2013, five attorneys have provided legal consultations with survivors from three DV agency/ shelter locations in Peoria, Pekin and Jacksonville, serving survivors in seven rural and underserved counties. In June 2013, the VLC expanded to another shelter in Cairo, which serves survivors in four counties in far southern Illinois. Agencies, survivors and attorneys report overwhelmingly positive feedback. 1

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5 PART ONE INTRODUCTION THE VLC MODEL The Virtual Legal Clinic is a pioneering pilot project to provide pro bono virtual legal consultation to survivors of domestic violence via web cam technology. The VLC is a partnership with Lieutenant Governor Sheila Simon s office and the Illinois Coalition Against Domestic Violence (ICADV), a not for profit organization which represents more than 50 member agencies throughout Illinois who serve victims of domestic violence. The VLC brings survivors of domestic violence and attorneys together online in a secure and confidential environment to help survivors understand the important legal rights they have to protect themselves and their children. In just a short time, the VLC model has garnered attention from domestic violence agencies, judges and attorneys in the U.S. and Canada who are interested in setting up their own virtual legal clinics using the model developed by the Lt. Governor s office. INTERIM REPORT: THE THE VIRTUAL LEGAL LEGAL CLINIC CLINIC PILOT PILOT PROJECT 2

6 PART ONE INTRODUCTION BACKGROUND VLC: Matching Legal Services with Domestic Violence Survivors Needs Serving Underserved Communities Launched in December 2011, the VLC was conceived as a way of providing free legal advice to survivors of domestic violence where the need is most acute in rural and underserved communities of Illinois. Seeking Help More than 2,000 domestic violence victims seek help each day in rural, urban and suburban communities. In many parts of the state, there are few attorneys to help. Survivors who live in counties with few attorneys are at a disadvantage in obtaining legal services, which are more readily available to those who live in Chicago and larger metropolitan areas. Bridging the Gap The VLC bridges this gap by providing a secure and confidential online space where survivors of domestic violence can reach out to attorneys, regardless of where the attorney happens to be, to receive a free legal consultation. The VLC serves survivors who are clients of ICADV agencies participating in the clinic. The Virtual Legal Clinic The VLC serves underserved communities, where there are few attorneys to help, by matching a domestic violence survivor s need for free legal advice with an attorney working pro bono to provide a private online consultation. 3

7 PART ONE INTRODUCTION VLC PILOT PHASE: FACTS AT A GLANCE The first virtual legal consultation was in December attorneys have provided pro bono legal advice in the pilot phase. Participating domestic violence (DV) agencies in Peoria, Pekin and Jacksonville serve seven rural or underserved counties, including Peoria, Tazewell, Woodford, Morgan, Scott, Cass and Greene counties. Agencies, survivors and attorneys report extremely positive feedback. 100% of survivors who have received a VLC consultation say it was an excellent/very good experience. Participating attorneys say they wish the VLC could expand faster. Most VLC consultations last 45 minutes to one hour. For the pilot phase, attorneys skilled in family law were recruited because it was anticipated that most survivors legal questions would involve questions about divorce and child custody. In phase two, the VLC will expand its pool of attorneys to include those skilled in many other areas of the law. In June 2013, the VLC expanded to the Cairo Women s Shelter, serving Alexander, Massac, Pulaski and Union counties. 4

8 PART ONE INTRODUCTION FREE LEGAL CONSULTATION TO DOMESTIC VIOLENCE SURVIVORS The VLC Model: Private, Secure and Confidential Together with the Lt. Governor s office, ICADV identifies DV agencies and shelters to participate in the VLC. Agency advocates provide survivors many of whom have already obtained an order of protection with information about the VLC and ask them whether they would benefit from a free and confidential consultation with a lawyer. If a survivor says yes, an appointment with a volunteer lawyer is tentatively scheduled. The survivor identifies the reason for the consultation and supplies information to enable the attorney to comply with ethics rules concerning conflicts of interest. The attorney performs a conflicts check and lets the DV agency know whether or not a conflict exists. If a conflict is identified, another lawyer is assigned. If no conflict exists, an appointment time is finalized. The agency provides a private space and a secure computer with Skype capability for the survivor to use. At the scheduled time, a volunteer attorney, who s also using Skype, calls the survivor. The legal consultation usually lasts about an hour. Everything discussed between the survivor and the attorney remains confidential. Volunteer Attorney Lt. Governor Simon s Office ICADV DV Agency/ Shelter Survivor Private & Confidential Legal Consultation Via Skype DV agency provides a private space and secure computer for the survivor The volunteer attorney, using Skype, listens and answers the survivor s legal questions 5

9 PART ONE INTRODUCTION How the VLC Helps Survivors of Domestic Abuse Questions and Issues Communicating via Skype, a survivor is able to consult with a licensed attorney. The survivor may ask questions about a wide range of topics, including: Divorce Child custody Maintenance and marital property Immigration status Credit, debt and financial issues Employment matters... and much more Survivors of domestic violence often face many legal challenges and don t know where to turn. If we can offer survivors a starting point - a free and confidential legal consultation - they ll know their options before making any other decisions. Martha Herm Executive Director, Center for Prevention of Abuse, Peoria Legal Remedies and Options The attorney provides information about legal remedies and options available to the survivor. Even if the survivor does not know what questions to ask, the attorney can help work through the survivor s specific issues and concerns. Why is an Attorney Conflict Check Necessary? An attorney performs a conflicts check to ensure that legal advice given to a survivor would not cause a conflict of interest with the attorney s other current or former clients. For example, an attorney cannot ethically give legal advice to a survivor and also represent the survivor s abuser. 6

10 PART ONE INTRODUCTION Why Skype? Skype is an software application that lets users make video calls over the Internet. The twoway audio and video communication is free. Survivors, who are clients of a participating DV agency/shelter, access Skype from a secure computer in a room set aside for consultations at the DV agency/shelter, where survivors are safe from their abusers and where they can speak privately to a VLC attorney. Attorneys can conduct the confidential consultation from any private, Skype-enabled computer, whether that s from their office or from their home. The VLC relies on Skype to provide survivors with a personal and welcoming consultation experience with VLC attorneys. Face-to-Face Communication: builds trust eases discussion of sensitive issues enables the parties to pick up non-verbal cues and observe body language promotes understanding 7

11 PART ONE INTRODUCTION VLC PROTOCOLS AND PROCESSES Working with ICADV, Simon s office developed protocols and processes for operation of the VLC. For the Survivor Application for Legal Consultation - The survivor completes an application for legal consultation, divided into three parts: Part 1 captures information about the survivor This part includes information to enable an attorney to perform a conflicts check. This part of the form is faxed or ed to the attorney before a consultation is scheduled. If no conflicts exist, Part 2 of the form is sent to the attorney. Part 2 asks the survivor to identify her legal question or problem This part describes the survivor s legal question or problem and contains enough information about the survivor s history to enable the attorney to provide information about the legal issues presented. Part 3 asks the survivor to sign a disclaimer This part shows that a survivor understands the attorney consultation provided through the VLC terminates at the conclusion of the online consultation session. Survivor s Consultation Termination Form - Completed at the end of consultation session, this form is signed by the survivor, attesting the session was concluded and the survivor understands there will be no continuing legal representation. 8

12 PART ONE INTRODUCTION For the Attorney Attorney s Checklist - This checklist contains a detailed outline of the consultation process, do s and don'ts for volunteer attorneys. Attorney s Consultation Termination Form - This form is completed by the attorney at the end of each consultation session and sent to the DV agency/shelter. The attorney attests, among other things, that he/she performed a conflicts check, did not solicit paid representation, and that once the session terminated, his/her association with the survivor concluded. Attorney s Cheat Sheet - This document is a one-page reference for attorneys containing sample language intended to raise their awareness and sensitivity about how a survivor who has experienced domestic violence might misconstrue common statements and phrases. For All Participants Lt. Governor Simon s office has prepared brochures, flyers and other informational resources for attorneys, survivors and agency advocates and staff. These explain how the VLC works, how it helps survivors and benefits DV agencies and why it is a valuable pro bono community service opportunity for attorneys. Sample questions are provided to help illustrate the types of questions survivors might ask and attorneys can answer: What steps can I take on my own (pro se)? What can I do if my spouse controls everything? How can I retrieve my personal belongings? If I get custody can I take the children out of state on vacation? Am I responsible for my spouse s debts? 9

13 PART TWO ASSESSMENT: THE VIRTUAL LEGAL CLINIC PILOT Part Two examines the impact of the VLC Pilot Project Needs Assessment Fundamentals DV by the Numbers Agencies Assessment Survivors Assessment Attorneys Assessment INTERIM REPORT: THE VIRTUAL LEGAL CLINIC PILOT PROJECT 10

14 PART TWO NEEDS ASSESSMENT: FUNDAMENTALS What is Domestic Violence? Domestic violence is any physical, emotional or sexual abuse of a household or family member by another household or family member. It crosses boundaries and communities: geographic, racial, cultural, social, financial, class, ethnic, age, gender and lesbian, gay, bisexual and transgender communities. Model Legislation The Illinois Domestic Violence Act of 1986, 750 ILCS 60/102, represents model legislation. It recognizes domestic violence as a serious crime against the individual and society. It further recognizes : that the legal system has ineffectively dealt with family violence in the past, allowing abusers to escape effective prosecution or financial liability, and has not adequately acknowledged the criminal nature of domestic violence that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist victims. 24-Hour Census of Illinois Domestic Violence Shelters and Services On September 15, 2011, all identified local domestic violence programs in Illinois participated in the 2011 National Census of Domestic Violence, conducted by the National Network to End Domestic Violence. 2,658 Victims Served in One Day 1,110 domestic violence victims found refuge in emergency shelters 1,588 adults and children received non-residential assistance and services 1,118 Hotline Calls Answered 46 hotline calls every hour 904 Unmet Requests for Services 555 (61%) unmet requests were for services including counseling and legal advocacy The reason for unmet requests? Agencies reported a critical shortage of funds and staff to assist victims in need of services such as legal representation. 11

15 NEEDS ASSESSMENT: DV BY THE NUMBERS DOMESTIC VIOLENCE STATISTICS One in four women (25%) has experienced domestic violence in her lifetime. The Centers for Disease Control and Prevention (CDC), 2000 In Illinois, the lifetime prevalence of rape, physical violence and/or stalking by an intimate partner is 37.7%. The estimated number of victims: 1.9 million women The National Intimate Partner and Sexual Violence Survey, CDC 2010 Summary Report In 2009, there were roughly 116,000 reported incidents of domestic violence in Illinois. Countless more go unreported. Illinois State Police, Illinois Criminal Justice Information Authority, 2009 Report Of these, 44,000 occurred outside Cook County 12

16 NEEDS ASSESSMENT: DV BY THE NUMBERS LICENSED ILLINOIS ATTORNEYS In 2012, there were about 73,000 attorneys licensed to practice law in Illinois. Roughly 1,700 (2.3%) self-reported as family law practitioners. 80 counties AVVO, 2012 The majority of family law attorneys practice in Chicago or its collar counties. with 5 or fewer attorneys skilled in family law or DV matters 33 Counties with 1-5 Family Law Attorneys Adams Knox Christian Clark Crawford Edgar Effingham Fayette Franklin Fulton Greene Grundy Henry Iroquois Jefferson Jersey Kankakee 33 Illinois counties have between 1 and 5 self-reported as family law practitioners. 47 Illinois counties, mostly rural, have NO attorneys skilled in family law. Lawrence Lee Livingston Macoupin Massac McDonough Menard Monroe Morgan Ogle Perry Saline Stephenson Wabash Warren Williamson 47Counties with NO Family Law Attorneys Alexander Johnson Bond Boone Brown Bureau Calhoun Carroll Cass Clay Clinton Cumberland DeWitt Douglas Edwards Ford Gallatin Hamilton Hancock Hardin Henderson Jasper Jo Daviess Wayne Woodford Logan Marion Marshall Mason Mercer Montgomery Moultrie Piatt Pike Pope Pulaski Putnam Randolph Richland Schuyler Scott Shelby Stark Union Vermilion Washington White 13

17 PART TWO ASSESSMENT: AGENCIES ICADV The Illinois Coalition Against Domestic Violence, a not-for-profit organization founded in 1978, represents more than 50 member domestic violence agencies outside Cook County, reaching into the rural areas of the state. In fiscal year 2012, ICADV members and funded agencies served nearly 45,000 adults and more than 8,000 children. Working with Lt. Governor Simon s office, ICADV has brought the VLC to 11 counties through three agencies: the Center for the Prevention of Abuse in Peoria and Pekin, the Crisis Center Foundation in Jacksonville and the Cairo Women s Shelter in Cairo, Illinois. VLC Helps Bridge the Gap Vickie Smith, ICADV s Executive Director, believes the VLC helps bridge the gap between survivors needs for legal consultation and those areas where there are few, if any, pro bono attorneys skilled in family law and domestic violence issues. I think it s a bridge between a survivor being in an immediate crisis and beginning to make a plan to move forward in a safe way. A big part of that plan is a survivor asking: what are my legal rights... for myself, my children, my property, where I live, where I work, and our safety. The biggest concern often facing a victim is how to go about accessing legal representation. Through the VLC, we have found that just one hour of time with a licensed attorney can significantly increase a victim s understanding and clarity of their rights and responsibilities resolving legal issues. Challenges Smith believes the biggest challenges to date have been: getting more victims to take advantage of an hour-long conversation with a VLC attorney and getting the staff of participating agencies to better understand how to promote the benefits of the VLC to their clients. Through the VLC, we have found that just one hour of time with a licensed attorney can significantly increase a victim s understanding and clarity of their rights and responsibilities resolving legal issues. Vickie Smith Executive Director Illinois Coalition Against Domestic Violence The problem is, according to Smith, many of these victims don t even know what to ask an attorney. So that s the message we need to get across to them. 14

18 NEEDS ASSESSMENT: PEORIA SHELTER - BY THE NUMBERS The Office of the Lt. Governor Sheila Simon designed the VLC to link domestic violence survivors in underserved areas with attorneys across Illinois that specialize in family law issues. Peoria Shelter: The Center for the Prevention of Abuse The Agency: The Center for the Prevention of Abuse with shelters in Peoria and Pekin serves domestic violence survivors from three counties: Peoria, Tazewell and Woodford. Domestic Violence Incidents: In 2009, the last time the Illiois State Police collected data of its kind, there were 4,136 domestic violence-related offenses in these three counties. Although these statistics have not been published for 2012, Olga Becker, the Director of Administration, said the Center sees 3,500 domestic violence survivors each year. Available Attorneys: In 2012, there were 1,865 licensed attorneys practicing in Peoria, Tazewell and Woodford counties. Of these, 87 reported they specialized in family law. According to Becker, only a handful of these attorneys are willing to take on her clients issues pro bono. VLC: Sara Dillefeld, the Center s Director of DV Family Centered Services, says that without the VLC, her clients would not otherwise have access to a lawyer. It s one more step we have to get them to a better place without violence. Peoria s Center for the Prevention of Abuse: Serving Peoria, Tazewell and Woodford Counties Clients Served Each Year DV-Related Offenses 2009 Total Number Attorneys Family Law Attorneys Pro Bono/Reduced Fee Attorneys 3,500 4,136 1, Unknown 15

19 NEEDS ASSESSMENT: JACKSONVILLE SHELTER-BY THE NUMBERS The success of the VLC in Peoria paved the way for the project s second site in Jacksonville. Jacksonville: The Crisis Center Foundation The Agency: Jacksonville s Crisis Center Foundation serves domestic violence survivors from four rural counties: Morgan, Scott, Cass and Greene. Domestic Violence Incidents: In 2009, the last time the Illinois State Police collected data of its kind, there were 219 domestic violence-related offenses in these four counties. Although these statistics have not been published for 2012, Dona Leanard, the Executive Director of Jacksonville s Crisis Center Foundation, sees domestic violence survivors each year. Available Attorneys: In 2012, there were 64 licensed attorneys practicing in Morgan, Scott, Cass and Greene counties. Of these, only six reported they specialized in family law. But, according to Leanard, none of these attorneys are available to her agency to work with survivors on a pro bono or reduced fee basis not one. VLC: If it weren t for the VLC, Leanard says, the only option for these survivors would be a Legal Aid lawyer, but Legal Aid lawyers already have huge caseloads. Besides, many of our clients aren t poor enough to qualify for Legal Aid assistance. They don t know how they re going to support themselves, let alone pay for a lawyer to represent them. Jacksonville Crisis Center Foundation: Serving Morgan, Scott, Cass and Greene Counties Clients Served Each Year DV-Related Offenses 2009 Total Number Attorneys Family Law Attorneys Pro Bono/Reduced Fee Attorneys

20 NEEDS ASSESSMENT: CAIRO SHELTER-BY THE NUMBERS In June 2013, the VLC expanded to far southern Illinois. Cairo: The Cairo Women s Shelter The Agency: Cairo s Women Shelter serves domestic violence survivors from four rural counties: Alexander, Massac, Pulaski and Union counties. Domestic Violence Incidents: In 2009, the last time the Illinois State Police collected data of its kind, there were 151 domestic violence-related offenses in these four counties. Although these statistics have not been published for 2012, Jeannine Woods, the Executive Director of Cairo s Women Shelter, sees an estimated 400 domestic violence survivors each year. Available Attorneys: In 2012, there were two licensed attorneys practicing in Alexander, Massac, Pulaski and Union counties who reported that they specialized in family law and domestic violence issues. Remarkably, that s two attorneys to cover more than 1,100 square miles. VLC: We re thrilled to be part of the virtual legal clinic and to offer this free legal consultation to our clients, said Executive Director Jeannine Woods. This will help survivors understand the important legal rights they have. Area: 1,100 square miles Cairo Women s Shelter: Serving Alexander, Massac, Pulaski and Union Counties Clients Served Each Year DV-Related Offenses 2009 Total Number Attorneys Family Law Attorneys Pro Bono/Reduced Fee Attorneys

21 LESSONS FROM PEORIA AND JACKSONVILLE Peoria s Center for the Prevention of Abuse Easy to use The first agency to come online, Peoria s Center for the Prevention of Abuse, experienced a few operational issues in the beginning, mostly concerned with scheduling. Since then, the process has been streamlined and the bugs worked out, according to Sara Dillefeld, Director of Family Centered Services. The process is easy for staff to use and quick and convenient for clients, she says. Still, Sara says, meshing the schedules of clients and attorneys can sometimes be frustrating. This happens, she says, for a variety of reasons. Some clients are facing an immediate crisis and the first step for them must always be their own safety and the safety of their kids. Some simply find it hard to make the long trip to the shelter to keep the appointment with the VLC lawyer. Yet, Olga Becker, the Center s Director of Administration, feels fortunate to have the VLC to offer to survivors. Clients tell us how incredibly positive and educational the VLC sessions are. They say that attorneys thought of questions they didn t even know to ask. We hear that over and over from our clients. Jacksonville s Crisis Center Foundation Serves an important need Executive Director Dona Leanard believes the VLC serves an important need. She says that the Foundation doesn't have the luxury of having any pro bono attorneys in our four-county area at all none that will do consultations for our clients for free or for a reduced fee. Even so, Dona believes more clients could participate. What s holding them back is a knowledge barrier. Clients don t know what they re missing out on because they don t know what their legal rights are in the first place. Cairo Women s Shelter A few wrinkles to iron out Executive Director Jeannine Woods says transitioning to the VLC has been relatively easy despite a few wrinkles to iron out including having to repair a used laptop which is now used exclusively for legal consultations and sometimes spotty broadband service. 18

22 LESSONS FROM PEORIA AND JACKSONVILLE COMMON CHALLENGES Increasing VLC participation and explaining to survivors the benefits of a free consultation with a VLC attorney. Particularly for those who are facing immediate safety issues; And for those clients who find they don t even know what questions to ask of an attorney. Ensuring that it s safe to contact clients who are still in an abusive relationship. When/where is it safe to call? Do they need child care? Ensuring that clients can safely keep their VLC appointments. For clients who live in rural areas, it can be a long drive to the shelter; For example: the Jacksonville agency serves survivors in four counties; the Peoria agency serves survivors in three counties; Cairo serves survivors over a 1,100 square mile area. Reducing the number of cancellations by survivors. Following the VLC consultation, many clients face: The need for ongoing legal representation; The need to proceed pro se (without legal representation). 19

23 LESSONS FROM PEORIA AND JACKSONVILLE STRATEGIES Challenge: Getting More Survivors to Participate in the VLC Strategy Lt. Governor Simon s office will prepare and distribute to the agencies new instructional materials brochures for survivors and flyers for staff that explain the benefits of a free VLC consultation. Simon s office will meet with agency staff to provide an instructional seminar about the benefits of the VLC and to discuss ways to increase participation among survivors. Challenge: Ensuring Clients Can Safely Keep VLC Appointments Strategy The Peoria and Jacksonville agencies have had to adapt and adjust the VLC model to accommodate survivors and their unique situations. This has meant, in some cases: having to reschedule consultation times; helping to arrange child care; and even driving to survivors, particularly those without means of transportation or who live in remote, rural areas, to find a safe and secure location to set up a laptop and Skype connection for the legal consultation. By being adaptive and resourceful and in some cases, literally, going the extra mile, the agencies have been able to bring the VLC to some survivors who might not otherwise been able to participate. Agencies that participate in the VLC in the future will have to assess the process to see what works best in their communities. For example, this may mean setting up additional, private, secure satellite locations to accommodate clients who live far away from the shelter. This and more follow-up by advocates to ensure that clients keep their VLC appointments should help reduce the cancellation rate. 20

24 LESSONS FROM PEORIA AND JACKSONVILLE STRATEGIES Challenge: Following VLC Consultation, Need for Ongoing Legal or Pro Se Representation Strategy Summary legal advice offered by VLC attorneys is an important first step in either securing other, outside legal representation or preparing survivors to proceed as pro se litigants without legal representation. Lt. Governor Simon s office will discuss further strategies with agencies and attorneys to help identify survivors who will likely proceed pro se to help them identify and address the challenges of going to court on family law and DV issues without legal representation. In the long-run, the VLC should consider partnering with legal organizations offering pro bono legal services to build a statewide network of volunteer attorneys. 21

25 PART TWO ASSESSMENT: SURVIVORS Survivors are asked to give candid feedback about their VLC consultation immediately after it is concluded. Their comments are collected by the DV agencies and reported to the Lt. Governor s office. Survivors responses have been overwhelmingly positive. 100% of survivors say their session with the VLC attorney was extremely helpful an excellent, very good, awesome experience. A Sample of Survivors Comments Extremely helpful 100% of survivors who After talking with the clinic lawyer, I felt important for the first time. My attorney answered all my questions and told me what to ask for so I could protect and provide for my children. I felt empowered to take the next steps so I can move on with my life. I was given options on how to keep my babies from getting hurt throughout all this mess. I learned what my legal rights were about an order of protection, child custody and divorce. I have more rights to financial resources than I thought. received a VLC consultation say it was extremely helpful : excellent very good awesome I liked the fact that I wasn't pressured and I could talk freely... I felt cared about. Excellent The lawyer was very friendly, not intimidating, easy to talk to and to share personal information with. Very knowledgeable. He was very direct and matter-of-fact. He even put a little humor into it. She was very helpful with giving me ideas and what steps she feels I need to take to resolve my issue. She answered my questions and helped me understand my legal rights. I know how to prepare for court. She was awesome. 22

26 LESSONS FROM SURVIVORS COMMON CHALLENGES Navigating the Legal System Safety is the first and paramount concern to protect survivors and their dependents. After a safety plan is implemented, however, new challenges confront survivors. Often chief among these is the need to navigate the legal system on their own to secure a divorce, child custody and other matters. Need for Enhanced Legal Expertise There is a perceived need among survivors and advocates that survivors need help identifying and resolving issues that fall outside divorce and custody issues. As the VLC expands to other regions of the state, the need to provide summary legal advice on other issues is also likely to grow. Several areas have already been identified: Immigration matters Landlord-tenant disputes Elder abuse Credit, debt and bankruptcy issues Employment problems Moreover, as the VLC expands, the need to provide legal services to survivors who do not speak English and for whom English is a second language will also increase. 23

27 LESSONS FROM SURVIVORS STRATEGIES Challenge: Navigating the Legal System Strategy As discussed earlier, the VLC should consider offering consultations to survivors that help prepare them to proceed pro se. Lt. Governor Simon s office and ICADV can meet with volunteer attorneys and local bar associations to discuss what these particular consultations with volunteer attorneys should address and how they may be tailored by court rules in each county. Challenge: Expanding and Enhancing Legal Expertise Strategy As the VLC expands, Simon s office and ICADV should meet with new member agencies and their staffs to conduct focus groups with survivors to identify special needs (e.g. immigration, bilingual attorneys, etc.). Once identified, the Lt. Governor s office and ICADV should consider ways of addressing these needs including recruiting qualified attorneys trained in these special areas. 24

28 PART TWO ASSESSMENT: ATTORNEYS The Attorneys Five volunteer attorneys have worked with the VLC since its launch in December Charles R. Thomas Lucinda D. Bugden Sandra Quello Chiz These attorneys are trained to handle domestic violence situations and family law issues. Dona Leanard Executive Director, Crisis Center Foundation, Jacksonville Dawn Brewer Melanie M. Pettway When the VLC Serves a Need Lt. Governor Simon s office contacted VLC attorneys for their comments about the Pilot Program. All say: session is over, clients are uniformly more at ease. The VLC definitely serves a need. The VLC needs to expand, recruit more attorneys to reach more survivors. Charles R. Thomas VLC Attorney Charles R. Thomas says his feedback from survivors has been extremely positive. When the session is over, clients feel uniformly at ease. They been given a direction, legal options and possible consequences. Other Observations Sandra Quello Chiz: The survivor I consulted was fearful because she didn t know what was happening. Not only did I explain her legal options, I was able to point her toward other resources too... The VLC is the best idea I ve heard in a long time, and I wish we could expand it faster. Lucinda D. Bugden: The VLC is important because survivors are at a significant disadvantage if they can t hire a lawyer. They need to understand their rights and the law. That way, when they go before a judge, they are more likely to prevail. 25

29 More Observations from VLC Attorneys Charles R. Thomas: 90 percent of the survivors have no access to the kind of money it would take to see a lawyer in the first place. Many are not working and they re so downtrodden and dominated and so scared about coming to ask for help. They need someone to say: Hey, you need to know your legal rights. Dawn Brewer: It takes a good five or ten minutes to establish rapport and get a sense of the client s issues. I usually raise the issues that the client forgets. The experience is very positive. In fact, I have taken on continuing pro bono representation for a couple of survivors. Lucinda D. Bugden: The clients I ve talked to all tell me the consultation was extremely helpful. Some even cried they were so glad and so grateful. Legal Issues Encountered During the VLC Consultation Charles R. Thomas observes that many survivors:...only have the vaguest notion of the important rights that they have. I tell those that are thinking about divorce and child custody: Do you know that you re entitled to part of your spouse s take home pay, that you have vested rights in a 401(k) and pension plan? So many survivors I talk to are unaware of the substantial power and rights they have. For the most part, VLC attorneys say that the same issues come up over and over during the consultations: questions involving divorce, marital rights, child support and custody. But they have encountered other issues as well: Employment law harassment by a supervisor Immigration law questions about a visa Landlord-tenant law questions about possible eviction Religion in relation to child custody 26

30 ATTORNEYS CRITIQUES OF THE VLC While the VLC attorneys all say the VLC serves an important need, they say there is room for improvement in the following areas: Quicker Intervention Survivors need help on a quicker basis. Sometimes waiting ten days to schedule an appointment is too long. Charles R. Thomas Follow-up Questions There needs to be an opportunity for follow-up. I tell the women who talk to me: Listen, if you have more questions, just call me back. Charles R. Thomas Legal Materials for Attorneys We can develop cheat sheets for VLC attorneys (summary descriptions of the law) on various topics. Lucinda D. Bugden There is a good chance that these survivors will have to go to court by themselves. And many will be indigent. There is no specific information (for attorneys) about court rules in all the counties (covered by the VLC)... but there should be. Melanie Pettway Malpractice Insurance Requirement The self-insurance requirement for attorneys is limiting and should be reexamined. Sandra Quello Chiz ATTORNEYS CRITIQUES OF THE VLC STRATEGIES Lt. Governor Simon s office and ICADV will discuss ways to implement: Quicker appointment scheduling Opportunities for survivors to ask follow-up questions Development of legal summaries and relevant county court rules Simon s office and ICADV will re-evaluate the need for malpractice insurance, which limits participation by attorneys who are not self-insured. 27

31 PART THREE SUMMARY AND CONCLUSION Part Three examines the challenges the VLC currently faces, along with potential strategies Summary of Challenges and Strategies Conclusion INTERIM REPORT: THE VIRTUAL LEGAL CLINIC PILOT PROJECT 28

32 PART THREE SUMMARY OF CHALLENGES & STRATEGIES Challenge: Getting More Survivors to Participate in the VLC Strategy Lt. Governor Simon s office will prepare and distribute to the agencies new instructional materials for staff and survivors that explain the benefits of summary legal advice in a free VLC consultation. Simon s office will meet with staff at the Peoria, Jacksonville and Cairo agencies to provide an instructional seminar about the benefits of the VLC and to discuss ways to increase participation among survivors. Challenge: Ensuring Clients Can Safely Keep VLC Appointments Strategy The Lt. Governor s office will meet with ICADV and agencies to explore ways of helping survivors keep their VLC appointments, particularly for those who live far away from shelters and who have child care needs. Challenge: Following VLC Consultation, Need for Ongoing Legal or Pro Se Representation Strategy Simon s office will discuss with agencies and attorneys ways to help identify survivors who will likely have to proceed pro se to help them address the challenges of going to court without legal representation. In the long-run, the VLC should consider partnering with legal organizations to build a statewide network of volunteer attorneys. 29

33 PART THREE SUMMARY OF CHALLENGES & STRATEGIES, CONTINUED Challenge: Legal Materials for Attorneys Strategy Simon s office and ICADV will discuss with attorneys development of summaries or relevant laws and county court rules. Challenge: Malpractice Insurance Requirement Strategy The Lt. Governor s office and ICADV, in discussion with attorneys, will re-evaluate the need for volunteer attorneys to maintain malpractice insurance and explore alternate ways to help attorneys secure it. Challenge: Navigating the Legal System Strategy The VLC should consider offering consultations to survivors that help prepare them proceed as pro se litigants. Challenge: Expanding and Enhancing Legal Services Strategy As the VLC expands, the Lt. Governor s office and ICADV will meet with new member agencies to conduct focus groups with survivors to identify special legal needs and consider ways to address these needs. Challenge: Quicker Intervention and Follow-up Strategy Lt. Governor Simon s office and ICADV will discuss with member agencies ways to enable quicker appointment scheduling. The Lt. Governor s office and ICADV will discuss with member agencies and attorneys ways to provide opportunities for survivors to ask follow-up questions. 30

34 PART THREE: CONCLUSION The VLC Pilot has demonstrated the virtual legal consultation model works. The VLC Pilot has proven that the need for legal advice by domestic violence survivors can be partially met in a private, confidential and secure, face-to-face, online session. The VLC Pilot has demonstrated that talking to VLC lawyers helps survivors take the next step towards safety and stability. The VLC Pilot has shown that matching pro bono attorneys experienced in family law issues, who live and work in one part of the state, with survivors from other parts of the state, where skilled family law practitioners are scarce, is a viable way to provide legal advice where the need is most acute in rural and underserved communities. Going forward, the VLC will focus on growth and sustainability. Lt. Governor Simon s office and ICADV will continue to expand the reach of the VLC to make it available to more survivors of domestic violence in rural and underserved communities across the state. The VLC is a free, safe and ethical way to help victims of domestic violence become survivors of domestic violence. The legal system can be overwhelming, and this service will help people take the next step toward safety and stability. Lt. Governor Sheila Simon 31

35 ACKNOWLEDGEMENTS Maria Capoccia, Deputy Chief of Staff for Policy, Office of the Lieutenant Governor Sheila Simon, conceived the VLC model. Leslie Ann Reis, General Counsel and Deputy Chief of Staff for Legal and Legislative Affairs, Office of the Lieutenant Governor Sheila Simon, and former General Counsel and Deputy Chief of Staff Mark Schauerte devised the VLC model s protocols and provided legal and technical advice. Interim Report Principal Author and Editor Danice Kern Special Advisor, Legal and Legislative Affairs Office of the Lieutenant Governor Sheila Simon Contributing Editors Leslie Ann Reis, General Counsel, Deputy Chief of Staff for Legal and Legislative Affairs Maria Capoccia, Deputy Chief of Staff for Policy Kara Beach, Director of Communications Office of the Lieutenant Governor Sheila Simon July

36 Lieutenant Governor Sheila Simon s Office Throughout her career, Lt. Governor Sheila Simon has been an advocate for victims of domestic violence. As Lt. Governor, Simon developed the Virtual Legal Clinic to bring free legal consultation to rural and underserved areas. Through the program, domestic violence survivors use web cam technology to speak with an experienced lawyer, free of charge. As an Assistant State s Attorney in Jackson County, Simon prosecuted domestic violence cases. As a professor at Southern Illinois University s School of Law, she helped launch a domestic violence clinic to train law students and to serve clients at no cost. 33