December 18, End Abuse Immigration Attorney Underrepresented Populations Legal Funds

Transcription

1 December 18, 2015 TO: FROM: RE: All Wisconsin Domestic Violence Programs Refugee Family Strengthening Projects Legal Services Agencies Legal Aid Society of Milwaukee, Inc. United Migrant Opportunity Services UNIDOS Against Domestic Violence End Abuse Immigration Attorney 2016 Underrepresented Populations Legal Funds End Domestic Abuse Wisconsin (WCADV) has received a grant of $30,000 to provide legal funds for underrepresented populations in These funds are available in three categories: 1) immigration law issues; 2) other legal issues affecting immigrant victims (i.e., divorce; custody/placement; restraining orders; de novo reviews); and 3) criminal defense work related to domestic violence (i.e., where a victim is charged as the perpetrator). Only requests for funds from domestic abuse programs and the following legal services agencies will be accepted: Legal Action of Wisconsin; Legal Aid Society of Milwaukee, Inc.; Legal Services of Northeastern Wisconsin; Western Wisconsin Legal Services; and Wisconsin Judicare, Inc. We will not accept requests for funds directly from domestic abuse victims, from private attorneys, or from victim witness programs. However, attorneys and victim witness can refer clients to domestic abuse programs for funding. Here are a few reminders related to the legal funds for underrepresented populations: 1. Please do not submit an application for legal funds unless and until you have spoken to the attorney who has agreed to take the case. Before an attorney can accept a case, he or she must know enough about the client and the case to determine if there is a conflict of interest that would prevent the attorney from taking the case. 2. Be certain to ask the attorney whether he or she has malpractice insurance before submitting the application. We cannot fund a case if the attorney does not carry this insurance. 3. IMPORTANT: The funds we offer the attorney are often just a portion of the money that the client will need to pay for the attorney s services. Please be sure to let clients know their relationship is with the attorney and the client should have a retainer agreement with the attorney so the client clearly understands what fees will be charged to him or her. End Abuse is not responsible for paying any fees beyond the amount of 1245 E. Washington Ave., Suite 150 Madison, Wisconsin Fax:

2 funds stated in the contract with the attorney. Clients are responsible for all other fees. It is important your client understands this agreement. 4. We wish to fund only those clients who have no other legal resources. We can only accept applications if the client is not eligible for funding through the local legal services agency or State Public Defender. 5. We are asking each program or agency which submits a request for legal funds to give the client a Client Satisfaction Form. This is to be completed by the client and returned to the program or agency requesting funds. We ask that each program or agency send us the completed form. If permission is granted to do so, we will determine whether it is appropriate to send the form to the attorney who represented the client. Attached are the forms and guidelines for 2016 funds. We will begin to accept requests for 2016 legal funds on Monday, January 11, You can send a request for funds via mail or attachment to legalfunds@endabusewi.org. Please contact me with any questions. Thank you for your assistance in serving victims of domestic violence from underrepresented populations! 1245 E. Washington Ave., Suite 150 Madison, Wisconsin Fax:

3 END DOMESTIC ABUSE WISCONSIN 2016 UNDERREPRESENTED POPULATIONS LEGAL FUNDS FOR DIRECT LEGAL REPRESENTATION A. BASIC GUIDELINES 1. No funds may be used to supplant/replace existing funding for eligible services. 2. Funds must be spent and the legal services provided, legal fees paid, etc., for activities which occur between January 1, 2016 and December 31, The case does not need to be completed or settled prior to December 31, However, we cannot guarantee funding for continued support of a 2017 case after December 31, If additional funds are needed in 2017 for a case funded in 2016, a 2017 legal funds application must be submitted by an eligible program and reviewed for possible funding. 3. Only cases with an available and identified attorney who is committed to completing the case will be considered. (End Abuse cannot provide recommendations for securing legal counsel or assist in locating legal counsel.) 4. Billing, reporting, and information a. The requesting party and the representing attorney must be willing to provide End Abuse with information about the case (e.g., type of case, # of hours of legal work provided, etc.) by January 13, b. The domestic violence program or legal services agency must agree to give the prospective client a Client Satisfaction form and return it to End Abuse by January 31, c. Information about the final disposition must be provided to End Abuse by January 31, 2017 or when the case is closed, whichever is later. d. While the attorney may bill End Abuse whenever expenses are incurred or on a monthly basis, the attorney must bill End Abuse for services provided in 2016, at least on a quarterly basis. All final expenses must be billed no later than January 13, e. No checks can be issued without an invoice from the attorney. Please note that it will take a minimum of 90 days for End Abuse to process the invoice and send a check to the attorney. f. Attorneys are encouraged to have a retainer agreement with clients so it is clear that End Abuse is not responsible for any funds beyond those offered in the contract. 5. Attempts will be made to distribute funding statewide. 1

4 B. ELIGIBILITY CRITERIA 1. Prospective clients must be victims of domestic violence and reside in Wisconsin. 2. All cases other than immigration relief under VAWA must be filed in Wisconsin. 3. A maximum amount of funds is set for these cases: Immigrant victims of domestic violence Immigration law ($5, maximum); Divorce ($5, maximum); Custody/placement ($3, maximum); Restraining orders ($1, maximum); De novo review ($1, maximum). Criminal defense on behalf of victims of domestic abuse ($4, maximum). 4. In divorce or custody/placement cases, consideration will be given to fund requests for guardian ad litem expenses, including retainer fees. 5. Greater consideration may be given to cases which meet the criteria and where other circumstances exist which make a case particularly difficult or costly. 6. Attorneys must be licensed to practice law in Wisconsin, carry malpractice insurance, and provide their State Bar numbers after being notified of End Abuse s agreement to provide funds. C. REFERRAL AND DETERMINATION PROCESS The attached Request for Underrepresented Populations Legal Funds includes all the information we are requiring you to provide to us when requesting financial support for a case. Please do not provide any information beyond that which we have requested. If we need additional information, we will ask. End Abuse will accept requests for financial support from domestic abuse programs, Legal Aid Society of Milwaukee, and the four (4) Wisconsin Legal Services Corporation agencies, only. (Due to issues concerning privilege and legal conflicts, End Abuse will not accept case requests directly from individual domestic violence victims or law firms.) End Abuse will accept 2015 applications as of January 11, BY OR MAIL. End Abuse will accept written requests by or mail. These requests will be reviewed as quickly as possible following their receipt in our office. Mailing address: legalfunds@endabusewi.org End Abuse- Immigration Attorney 1245 East Washington Ave., Suite 150 Madison, WI Decisions will be made as quickly as possible and both the requesting party (domestic abuse program or legal services agency) and the attorney will be notified of our decision to provide or not provide financial support. 3. Billing statements or inquiries are to be addressed to the End Abuse Accountant. PLEASE DISTRIBUTE UNTIL , THEN DESTROY 2

5 End Domestic Abuse Wisconsin 2016 Request for Underrepresented Populations Legal Funds Client s Initials REFERRAL INFORMATION 1. Name, address, & zip code of agency submitting application for legal services funds: Note: Failure to provide the information requested in this question may result in a delayed response to this request. 2. Name of agency contact person: 3. Contact person phone #: Fax #: 4. Best time to reach contact person: 5. Today s date: CATEGORY OF FUNDS BEING REQUESTED Check which category applies: Immigrant: immigration law issue Immigrant: non-immigration law issue (i.e. divorce, custody/placement, restraining order) Criminal Defense (applicant does NOT need to be an immigrant) CASE INFORMATION 1. For this legal problem, is the client eligible for free legal services from another agency, i.e., a Legal Services program, Legal Aid Society, or State Public Defender? Yes No 2. Has this client received any End Abuse legal funds in the past? Yes When & Amount No 3. Amount of funds being requested for this case in Calendar Year 2016? 4. When does the attorney expect to provide services for which funds are being sought? Provide anticipated beginning and ending of dates of service: ATTORNEY INFORMATION 1. Name: Guardian Ad Litem? Yes No 2. Firm Name or c/o: 3. Mailing Address: Street/PO Box City State Zip 4. Telephone #: Fax #: 5. Has this attorney agreed to handle this case if funds are awarded? Yes No

6 Page 2 End Domestic Abuse Wisconsin 2016 Request for Underrepresented Populations Legal Funds Client s Initials By providing the following information we hope to make more informed decisions about how best to allocate funds and evaluate the impact of this program this year and in the future. 1. Describe the type of legal case or proceeding for which financial assistance is being requested. (e.g., Is this a divorce, restraining order, or other legal matter for an immigrant? What is the immigration-related issue? What is the criminal defense matter?) 2. Has this client had difficulty securing legal representation in the past? Please describe your knowledge of these circumstances. 3. Please list any barriers that may prevent this client from receiving adequate representation for this case. (For example: victim has physical/mental impairments; victim s educational level; language barriers; immigration status; sexual orientation; criminal record; employment history; race/ethnicity; medical needs; lack of benefits; etc.) 4. What is the domestic violence issue in this case? PLEASE: Complete the application: 1. Print and complete this form; OR 2. Complete this form as a fillable PDF on your computer. Return the application in one of two ways: 1. Attach the completed PDF or scan and to: legalfunds@endabusewi.org 2. Send a paper copy by mail. IF MAILING, SEND TO: Immigration Attorney, End Abuse 1245 East Washington Ave., Suite 150 Madison, WI 53703

7 CLIENT SATISFACTION FORM 2016 UNDERREPRESENTED POPULATIONS LEGAL FUNDS END DOMESTIC ABUSE WISCONSIN (WCADV) In order to assess the effectiveness of the legal funds program, we request that you provide us the following information. The information that you provide will assist us in developing and improving this program. Program name: Advocate who submitted request: Attorney s name: 1. Did you get the outcome in the legal proceeding for which you hoped? 2. Did the attorney explain the legal procedures and options in a way that was understandable to you? 3. Were you involved in the decision-making that occurred in the legal proceeding? That is, did the attorney consult you as to options in the proceeding and were you given recommendations and asked how to proceed? 4. Did the attorney spend adequate time with you? 5. Did you feel the attorney understood how the complexities of domestic violence affected this case? 6. Is there anything else you would like to tell us about this case for which the End Abuse granted funds? 7. Can we share this information with your attorney? This information is provided for the purpose of evaluation and program improvement only. Please return this form to Immigration Attorney, End Abuse, 1245 East Washington Ave., Suite 150, Madison, WI or fax to Thank you!