First Friday CLE
~a benefit of membership in the Poverty Law Section
August 6, 2010
"Bankruptcy Hodgepodge for Poverty Law Attorneys"
Sapna C. Aiyer--Staff Attorney, Lone Star Legal Aid
Credit: 1 hour CLE
Topic: This presentation examines the differences between Chapter 7 and Chapter 13 bankruptcies for indigent clients. It discusses how to evaluate a client for a bankruptcy case, including how to work through a Chapter 13 plan and summary face sheet. It also covers some of the more obscure parts of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).and practice.
Materials:
*tba
July 9, 2010
"What Legal Aid Attorneys Should Know About Food Stamps and Litigating for Systemic Change."
* Martha Orozco--Managing Attorney, Public Benefits Unit, Lone Star Legal Aid
* Renee Treviño--Group Coordinator, Public Benefits Group, Texas RioGrande Legal Aid
* John Weldon Shaw--Attorney at Law, Legal Aid of Northwest Texas
Credit: 1 hour CLE
Topic: Low income people face many difficulties, but none can be more unnecessarily challenging than asking the government for food assistance. Poor clients often need assistance to buy food, and without it will use other resources dedicated for rent, car payments, utilities or other high priority issues. When funding is so tight, impoverished families might opt for the cheapest, most poisonous food available in a short term effort to conserve resources. Poverty lawyers should know the basics surrounding the Texas food stamp program, the problems the poor have encountered and continue to encounter, the harm that results, and the litigation efforts underway to improve this program. Understanding the rights and remedies of our clients can help you to see the environment our clients face and refer good cases to the appropriate staff equipped to address these issues.
Materials:
*
Food Stamps Overview--Trevino (.pdf)
*
Handout on Food Stamps--Orozco (.pdf)
June 4, 2010
"Protecting Homeowners from Tax Foreclosures"
Ignacio Treviño--Team Manager, Tax Foreclosures & Real Property Tax Team, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: This presentation discusses property tax exemptions, tax deferrals, case abatements, redemption rights, and other tools an advocate can use to protect homesteads from tax foreclosures. It also addresses new developments in law and practice.
Materials:
*
Tax Foreclosure Prevention -- Treviño (.doc)
*
Tax Foreclosure Prevention -- Treviño (.pdf)
*
Kubovy v. Cypress-Fairbanks Indep. Sch. Dist., 972 S.W.2d 130 (.pdf)
April 2, 2010
"Protecting Prisoner's Rights in the Courts"
Scott Medlock--Director, Prisoners' Rights Program, Texas Civil Rights Project
Credit: 1 hour CLE
Topic: Some of the worst civil rights abuses in the country take place in prisons, jails, and immigration detention facilities. Prisoners are rarely able to obtain counsel, and a very large percentage of the federal docket is made up of pro se prisoner lawsuits. This CLE explains the basics of prisoners' rights litigation, including claims brought under 42 U.S.C. 1983, the Americans with Disabilities Act, and the Prison Litigation Reform Act..
Materials:
*
Prison and Jail Introductory Material--Medlock (.pdf)
*
Prison and Jail Introductory Material--Medlock (Word)
March 5, 2010
"How to Get Attorneys Fees Now that You Can; Attorney's Fees, Legal Aid Firms, and LSC"
Jose Garza--Litigation Director, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: This presentation explores the issue of attorney's fees in the wake of the lifting of the regulatory restriction on claiming and collecting attorney's fees by LSC grant recipients. The discussion includes an introduction to sources of law for attorney's fees, how to ask for attorney's fees, and how to counter arguments by parties opposing your request for attorney's fees.
Materials:
*
LSC Program Letter 10-1 (.pdf)
*
LSC Regs, Federal Register (.pdf)
*
Eight Tips for LSC Offices re Attorneys Fees (NCLC)(.pdf)
*
Attorneys Fees in Property Law Proceedings (.pdf)
*
Attorneys Fees for some CoA (.pdf)
*
Buckhannon, 532 U.S. 598 (U.S. 2001) (.pdf)
*
Sample Brief re: Legal Services Attorneys and Fees (Word)
February 5, 2010
"How the ADA Supplements §1983 and Makes Some Civil Rights Cases Easier for Creating Institutional Change"
James C. Harrington--Director, Texas Civil Rights Project
Credit: 1 hour CLE
Topic: The Americans with Disabilities Act ("ADA") offers an alternative vehicle for vindicating the rights of people with physical, developmental, and mental disabilities beyond that accorded by §1983. This presentation explores how the ADA fills a void left by §1983 decisional law in the context of government and law enforcement personnel. It examines how §1983 and the ADA can go hand-in-hand to make a stronger lawsuit, and how at times the ADA can inform §1983 standards.
Materials:
*
Overcoming §1983 Hurdles Using the ADA--Harrington (.pdf)
*
Police and ADA--PPT Presentation--Harrington (.pdf)
December 4, 2009
"Guaranteeing a Forum for Indigent Litigants: A Discussion of the 6th Court of Appeals decision in In re Carla Kaye Villanueva"
Annette Lamoreaux--Legal Director, Texas Advocacy Project
Credit: 1 hour CLE
Topic: Indigent clients are often asked to pay for fees associated with litigation that are not clearly "costs" and so are not obviously covered by Rule 145 of the Texas Rules of Civil Procedure. In In Re Carla Kaye Villanueva, the 6th Court of Appeals found that when a indigent pro se litigant could not pay a fees assessed for a home study and an attorney ad litem, it effectively denied her a forum in which to litigate her divorce. This session includes a discussion of practical ways to make use of the opinion, as well as the litigation strategy behind it.
Materials:
*
In re Carla Kaye Villanueva (.pdf)
November 6, 2009
"The Pickle Amendment: Screening for Medicaid Eligibility Under the Pickle Amendment"
Richard Ishihara--Staff Attorney, Lone Star Legal Aid
Credit: 1 hour CLE
Topic: This presentation addresses what the Pickle Amendment is and what it does. It explains why you should be screening for Pickle eligibility and how to go about that. And, the presentation discusses current Pickle Amendment issues under Texas law.
Materials:
*
Pickle Amendment Presentation (.pdf)
*
Pickle Amendment - Sources of Law (Word)
*
TAC & MEPD Pickle Provisions (Word)
*
42 USC Sec 1396a (Word)
*
Code of Federal Regulations 42 CFR 435.135 (Word)
*
HHSC Pickle Disregard Computation Worksheet (Word)
*
Screening for Medicaid Eligibility Under the Pickle Amendment (Word)
*
HHSC Medicaid Eligibility Questionnaire to SSA (.pdf)
*
Ciampa v. Secretary of Health & Human Services (.rtf)
*
Lynch v. Rank (.rtf)
October 2, 2009
"The 'Aged Out' Foster Youth Client: Common Legal Problems and How to Address Them"
Mary Christine Reed--Team Manager, Foster Youth Justice Team, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: About 1400 youth “age out” of foster care in Texas each year, and they encounter a myriad of legal situations as they struggle to live independently, with no family to support them as they transition to adulthood. While there are some benefits and assistance programs available to these youth, they are often in need of legal assistance to overcome barriers resulting from CPS failure to fully prepare them for successful independent living. This presentation teaches how to identify and connect with these youth in your client community, what resources are available, what the most common legal problems are and how to address them.
Materials:
*
Aged Out Foster Youth Presentation, Reed (.pdf)
*
CPS Handbook, confidential information (Word)
*
CPS Handbook, closing investigation (Word)
*
Form 4885 (Word)
*
Foster Youth Brochure (.pdf)
*
Requesting CPS records (Word)
*
Sample Letter Requesting CPS records (Word)
*
Authorization for Release of CPS Records (Word)
*
Sealing Juvenile Records (.pdf)
*
Family Code § 26.201 (Word)
*
Family Code Chapter 34 (Word)
*
Transition Centers (Word)
*
Aging Out Guide (.pdf)
August 7, 2009
"AN INTRODUCTION TO CRIMINAL LAW FOR THE CIVIL LITIGATOR"
Melissa Shearer--Attorney at Law, Travis County Mental Health Public Defender, Travis County Mental Health Public Defender
Credit: 1 hour CLE
Topic: Arraignment, Deferred adjudication, probation...what does it all mean? Did you last study Texas criminal law for the bar exam, but now you need to know about it as part of your civil practice? This presentation explains the basics of criminal law so that you can better represent your client when his or her criminal record impacts their housing, public benefits, family law, or other civil case.
July 17, 2009
"THE PROTECTING TENANTS AT FORECLOSURE ACT OF 2009"
Robert Doggett--Team Leader, Foreclosure/Predatory Lending Team, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Examination of protections for Texas tenants under the federal Protecting Tenants at Foreclosure Act of 2009, signed by President Obama May 2009, including rights of a tenant to remain in a residence after a foreclosure sale and increased protections for Section 8 voucherholders..
Materials:
*
Article, Doggett (.pdf)
*
The Protecting Tenants at Foreclosure Act (.pdf)
*
Federal Register, HUD Notice (.pdf)
*
HUD Advisory Letter (.pdf)
*
Truth in Lending law change (.pdf)
June 5, 2009
"ADMINISTRATIVE REVIEW OF CPS FINDINGS"
Rebecca G. Flanigan--Deputy Director of Lirigation, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Discussion of which Child Protective Services disposition findings are subject to administrative review, the process for obtaining that review, and when judicial review is available.
Materials:
*
CPS Form 4885-English (Word)
*
CPS Form 4885-Spanish (Word)
March 6, 2009
"CANCELLATION OF DEBT: Tax Consequences of Home Foreclosure"
Patty Rangel--Supervising Attorney, Lone Star Legal Aid
Credit: 1 hour Ethics CLE
Topic: It is bad enough to lose your home in foreclosure. It is even worse when the IRS deems the difference between what was owed and what the home sold for at auction as income and moves to collect those taxes. The rules that determine whether cancellation of debt income is includible in gross income are complex. There are several exceptions to the general rule of includibility, but taxpayers often do not receive
reliable -or timely- information about their tax reporting and payment obligations concerning cancellation of debt income. This session will provide an overview of the most common exceptions to federal tax liability for cancellation of debt deemed income.
Materials:
*
TAS Legislative Recommendation
*
IRS Press Release
*
IRS Form 1099c
*
IRS Form 982
February 6, 2009
"ETHICAL ISSUES IN REPRESENTING CLIENTS WITH MENTAL ILLNESS"
Dr. Susan Stone, M.D., J.D.--Susan Stone and Associates
Credit: 1 hour Ethics CLE
Topic: Many indigent clients struggle with mental health issues, even if that is not the reason why they may seek legal assistance. This session addresses concerns that can arise when working with clients with mental illnesses and discusses ethical rules relating to client competence, client confidentiality, and withdrawal from representation. The presentation will also touch on recognition of mental illnesses, medication issues, and communication strategies for working with mental health clients.
Materials
*
Ethical Issues in Representing Clients with Mental Illness--Stone (.pdf)
*
Ethical Issues in Representing Clients with Mental Illness--Stone (Powerpoint)
December 5, 2008
"THIRD PARTY CHILD CUSTODY: Tips and Strategies"
Linda S. Good-- Supervising Attorney, Centralized Intake & Family Law Units, Lone Star Legal Aid
Credit: 1 hour CLE
Topic: Third party custody cases, involving a dispute between a child's parent(s) and someone other than a parent, are more common than you might think. This session helped analyze third party custody situations, including important constitutional rights.
October 3, 2008
"ZOMBIE DEBT COLLECTOS AND HOW TO DEFEND AGAINST THEM"
Tracey Whitley--Attorney at Law, Group Coordinator, Team Manager for Consumer Team, Texas RioGrande Legal Aid
Amanda Chisholm--Attorney at Law, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Are zombie debt collectors eating your clients alive? How to defend against 3d party debt collection lawsuits and save the indigent client from the fear of being hounded forever by debts that will not die.
Materials:
*
Zombie Debt Collectors (Whitley, Chisholm, .ppt)
*
Zombie Debt Collectors (Whitley, Chisholm, .pdf)
September 5, 2008
"IT’S NOT ROCKET SCIENCE (BUT MORE DIFFICULT THAN YOU THINK): Rent Issues in Public and Subsidized Housing"
Fred Fuchs--Attorney at Law, Group Coordinator for Housing Teams, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Turning a nonpayment of rent eviction case into a money judgment in your client’s favor. Presentation on rent issues that plague clients facing eviction from public and subsidized housing, including the Earned Income Disregard (EID) program, rent calculations, minimum rent hardship exemptions, and others.
Materials:
*
Rent Calculation in Public Housing and Section 8 (Fuchs, .pdf)
*
Earned Income Disregard (Fuchs, .pdf)
*
Minimum Rents and the Hardship Exception (Fuchs, .pdf)
August 1, 2008
"THE MANY WAYS TO HELP DOMESTIC VIOLENCE VICTIMS:
An Overview of Texas Statutes Relating to Domestic Violence"
Fred Krasny -- Staff Attorney, Lone Star Legal Aid
Credit: 1 hour CLE
Topic: Introduction to various Texas statutes relating to family violence, tips and strategies for using these laws to assist victims. Overview of sections of the Human Resources Code, Property Code, Tax Code, Labor Code, Family Code, Crime Victim's Compensation Act and the Texas Administrative Code.
Materials:
*
Table of Statutes (Krasny, .pdf)
*
Text of Statutes re Fam. Viol. No. 1 (Krasny, .pdf)
*
Text of Statutes re Fam. Viol. No. 2 (Krasny, .pdf)
June 6, 2008
"Are You Unknowingly Harming Your Client? How Your Practice Affects Your Clients' Public Benefits"
Renee Trevino--Attorney at Law, Group Coordinator for the Public Benefits Group, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: How routine legal advocacy may adversely affect their clients' public benefits. How legal advocacy in practice areas as diverse as real property, family, consumer, housing, employment, and workers compensation may affect clients' eligibility for Food Stamps, Medicaid, TANF, Veterans, and Social Security benefits. Tips and strategies for screening for, and advising clients regarding, the potential impact the legal action being requested by client may affect their public benefits.
Materials:
*
PLS Public Benefits 101 (2008)--Trevino (.pdf)
*
PLS Public Benefits 101 (2008)--Trevino (ppt)
April 4, 2008
"Tips and Traps in Handling a Home Repair Case"
Robert Wharton--Attorney at Law at Lone Star Legal Aid
Credit: 1 hour CLE
Topic: Pointers for lawsuits against home repair contractors, including a discussion of common problems one might encounter in such cases. Includes overview of an article on home repair lawsuits prepared by Mr. Wharton to be released in an upcoming revision of the legal services Attorney Desk Reference.
Materials:
*
Handling a Home Repair Case--Wharton (.pdf)
March 7, 2008
"THE U NON-IMMIGRANT VISA: A Remedy for Immigrant Victims of Crime"
Ramona Natera & Erica Schommer--Attorneys at Law at Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Overview of the Violence Against Women Act (VAWA) based remedy and discussion of some of the issues encountered when filing on behalf of clients.
Materials (by National Network to End Violence Against Immigrant Women):
*
U-Visas
*
U-Visas Summary
*
U-Visas Evidence Checklist
February 1, 2008
"HARASSMENT OF DEBTORS: When to Sue"
Rich Tomlinson--Law Office of Rich Tomlins, Board-certified in Consumer and Commercial Law, http://www.houstonconsumerlaw.com
Credit: 1 hour CLE
Topic: Techniques for selecting viable claims against debtors under the federal Fair Debt Collection Practices Act and the Texas Debt Collection Act; discussion of common case scenarios, including, inter alia, threats of litigation on time-barred debt, third-party contacts, threats of criminal arrest and prosecution, and continued collection after a debt is timely disputed.
Materials:
*
Harassment of Debtors presentation--Tomlinson (.pdf)
December 7, 2007
"IMMIGRATION LAW AND FAMILY LAW: Intersection of Laws with a Focus on Domestic Violence"
MariCarmen Garza--Director of the Legal Access To Rural Shelters (LARS) Project, Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Overview of immigration laws that often intersect with family law, including impact that immigration laws can have on a family law case and practical tips for serving clients, particularly when the client is a victim of domestic abuse.
Materials:
*
Intersection of Laws Presentation--Garza (.pdf)
*
Power Control Wheel--(.pdf)
*
Power Control Wheel, Spanish--(.pdf)
*
Statistics, Women Killed--(.pdf)
November 2, 2007
"DEALING WITH DISHONESTY: Ethical Considerations with Clients and Witnesses"
Susan Schoppa--attorney, Housing, Consumer Protection, and Economic Benefits Division, Legal Aid of Northwest Texas
Credit: 1 hour Ethics CLE
Topic: Relevant Texas Disciplinary Rules of Professional Conduct and framework for solving ethical dilemmas regarding client dishonesty.
Materials:
*
Presentation Outline--Schoppa (pdf)
*
Texas Rules (pdf)
*
Ethics opinions (pdf)
October 5, 2007
"Retaliating Landlords: Claims and Defenses for Your Tenant Client"
David Sadegh--Equal Justice Works Fellow at Lone Star Legal Aid
Credit: 1 hour CLE
Topic: Statutory elements and case law for retaliation claims and defenses, as well as an overview of the eviction process.
Materials:
*
Retaliation, Law and Pro Se Docs--Sadegh (.pdf)
*
Retaliation Presentation--Sadegh (.pdf)
September 7, 2007
"Defending the Debtor Client: Litigating and Settling Debt Collector Actions"
Scott Vogelmeier--Attorney at Law, Law Offices of Scott Vogelmeier
Credit: 1 hour CLE
Topic: Strategies for defending debtor clients against debt collection actions brought by plaintiffs, which may include original creditors and debt buyers. Focus on out of court settlement and in court litigation as strategies for achieving clients’ goals and some of the unique issues and requirements of debt collection law.
Materials:
•
Defending the Debtor Client--Scott Vogelmeier (pdf)
•
C&W Asset Acquisition LLC v. Knox, 104 Fed. Appx. 936 (5th Cir. 2004) (pdf)
August 3, 2007
"Parental Kidnapping: Prevention and Remedies"
Pam Brown--Director of Bi-National Family Violence Project of Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Introduction to the civil and criminal laws relating to parental abduction of children, with particular attention to prevention measures and legal remedies available after an abduction has occurred, whether to another state or another country.
July 6, 2007
"Legislative Update-- Public Benefits New Laws You Should Know about Medicaid, TANF, and Food Stamps"
Bruce Bower--Director of Advocacy and Client Services at Texas Legal Services Center
Credit: 1 hour CLE
Topic: Enactments of the 80th Texas Legislature dealing with the Medicaid, food stamp, and Temporary Assistance for Needy Families (TANF) programs.
Materials:
•
HB 75 Summary of enactment--Bruce Bower (Word)
•
HB 75 Rules proposed to MCAC--Bruce Bower (pdf)
•
HB 75 Rules comments chart--Bruce Bower (Word)
•
2007 Legislative Update--Medicaid, TANF, food stamps--Bruce Bower (pdf)
•
Tex. Dep't of Protective & Regulatory Servs. v. Mega Child Care, Inc., 145 S.W.3d 170 (Tex. 2004)
June 1, 2007
"Can a Hamster be a Service Animal? 'Disability' under the ADA and FHA, and a Tenant's Right to Assistance Animals"
Brian East--senior attorney at Advocacy Inc.
Kelli Howard--housing and disability rights attorney at Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Trends in caselaw regarding the definition of “disability” as defined by the ADA, the Rehabilitation Act, and the Fair Housing Act; requests for accommodations of a tenant's disability using service animals as an example.
Materials:
•
Definition of Disability under ADA & FHA--Brian East (pdf)
•
Tenants' Rights to Assistance Animals--Kelli Howard (pdf)
•
Right to Emotional Support Animals--Bazelon Center (link)
May 4, 2007
"Finding Safe Haven, Protecting the Housing Rights of Victims with Domestic Violence"
Ramey Ko, Equal Justice Fellow at Texas RioGrande Legal Aid
Credit: 1 hour CLE
Topic: Overview of the housing provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 and their application to commonly encountered housing problems of domestic violence survivors
Materials:
•
TX Lease Breaking Law Presentation (pdf file)
•
Federal Housing & DV Presentation (pdf file)
•
Public Housing & Voucher VAWA Cert Form (Word file)
•
Multifamily VAWA Cert Form (Word file)
