Occupational Drivers License Application Texas by kjj10695

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									       Texas Access to
       Justice Foundation
  Changes in Closing &
Legal Problem Codes
& New Outcomes

December 10, 2007

   This webinar
training will be as
easy as sitting
in your favorite chair
and watching your
favorite movie


                            1
Write down your questions and save them
until the question and answer period




                                     2
Before we begin, we will test your observation
powers: This person is: a) on his way to the
airport; b) going to see his vet or c) late for the
webinar mtg due to weather conditions?




                                                      3
The changes we will cover will impact a number of areas in
 your program where collecting, reporting and managing
                  client data is crucial
What reports for
TAJF will
be affected?




                   5
      Deadlines for Changes
   Any case closed in 2007 is governed by the
    current Case Service Reporting Instructions.

   Any case closed in 2008 will be governed by the
    2008 Case Service Reporting instructions.




                                                      6
    Deadlines for Changes

   For cases opened prior to January 1, 2008 and still open
    as of that date, programs may have to adjust the legal
    problem codes before case closure. There have been
    changes to the legal problem codes and an appropriate
    closing codes under the 2008 Case Service Reporting
    requirements should be selected for all cases closed
    after January 1, 2008.

   All cases opened January 1, 2008 and thereafter must
    follow the requirements of the 2008 Case Service
    Reporting requirements.
                                                           7
     Deadlines for
     Changes

It should be noted that there are cases that
  have been reportable under the current
  Case Service Reporting requirements which
  are not reportable under the 2008 CSR
  requirements. These cases may continue to
  be reported in 2007 but not in 2008.


                                          8
     Closing code
     changes

The following closing codes will be discontinued
  after January 1, 2008:
C – Referred After Legal Assessment
D – Insufficient Merit to Proceed
E – Client Withdrew, and
J – Change in Eligibility Status



                                               9
        What is a case
A "case" is a distinct legal problem or a set of closely related
   legal problems of a client, and legal activities or processes
   used in resolving those problems. The case must have
   been accepted by the program and includes advice,
   counsel and limited action, as well as other types of legal
   representation. A client with two or more closely related
   problems will be considered as presenting a single case if
   all of the problems will be resolved through a single legal
   process or forum. The provision of legal information
   solely, does not constitute a case.


                                                              10
     Closing code changes-
     Did we mention?

As we stated, the following closing codes will be
  discontinued after January 1, 2008:
C – Referred After Legal Assessment
D – Insufficient Merit to Proceed
E – Client Withdrew, and
J – Change in Eligibility Status



                                                    11
         Closing code changes

   A.  Counsel and Advice:
   B.  Limited Action: RENAMED
   F.  Negotiated Settlement without Litigation:
   G.  Negotiated Settlement with Litigation:
   H.  Administrative Agency Decision:
   I.  Court Decision: REVISED & AMENDED
        (a)      Uncontested Court Decisions
        (b)      Contested Court Decisions
        (c)      Appeals:
   K. Other:
   L.  Extensive Service (not resulting in Settlement or Court or
    Administrative Action): NEW
                                                                     12
      DEFINITIONS
   Closure Category A – Counsel and Advice
   A case closed in which the program provided legal
    advice to an eligible client. (e.g., the advocate
    ascertained and reviewed relevant facts, exercised
    judgment in interpreting the particular facts
    presented by the client and in applying the
    relevant law to the facts presented, and counseled
    the client concerning his or her legal problem)


                                                   13
DEFINITIONS
   Closure Category B – Limited Action
   A case closed in which the program took
    limited action(s) on behalf of an eligible client
    that addressed the client’s legal problem that
    is not so complex or extended as to meet the
    requirements for Closing code Category L.




                                                  14
    DEFINITIONS
   Closure Category F – Negotiated
    Settlement Without Litigation
   A case closed in which the program
    negotiated and reached an actual settlement
    on behalf of a client without any court or
    administrative actions pending.
    This category should be reserved for cases in
    which the program conferred with another
    party so as to reach a resolution of the
    client’s legal problem.
                                               15
DEFINITIONS
   Closure Category G – Negotiated
    Settlement With Litigation
   A case closed in which the program
    negotiated and reached an actual settlement
    on behalf of a client while a court or formal
    administrative action was pending. This
    category should be reserved for cases in
    which the program conferred with another
    party so as to reach a resolution of the
    client’s legal problem.
                                               16
DEFINITIONS
   Closure Category G – Negotiated Settlement With
    Litigation (continued)
    This category includes only: (1) cases in which an appearance
    has been entered before a court or administrative agency as
    counsel of record; or (2) cases in which the settlement was
    reached prior to the program’s entry as counsel of record,
    provided that the program was actually representing the client.

In the second instance, there should be documentation of the
  settlement in the case file – preferably a copy of the actual
  settlement agreement, written confirmation of the settlement
  with the opposing party, or, if neither of these are available, a
  copy of a communication to the client outlining the terms of the
  settlement.
                                                                17
DEFINITIONS
   Closure Category H – Administrative Agency
    Decision
   A case closed in which the program
    represented a client in an administrative
    agency action that resulted in a case-
    dispositive decision by the administrative
    agency or body, after a hearing or other
    formal administrative process.


                                                 18
DEFINITIONS
   Closure Category I. – Court Decision
   A case closed in which the program represented a client in a court
    proceeding that resulted in a case dispositive decision made by the
    court. This category is divided into the following three subcategories:

   Uncontested Court Decisions – either there is no adverse party or
    the adverse party does not contest the case;
    Contested Court Decisions – there is an adverse party and that
    party contests the case;
    Appeals to an appellate court taken from a decision of any court or
    tribunal. This category does not include appeals or writs taken from
    administrative agency decisions or lower trial court decisions to a
    higher level trial court acting as an appellate court, whether they are
    on the record or de novo proceedings.

                                                                        19
Administrative law & court
decisions
   Only cases in which the program attorney or advocate or pro
    bono attorney is entered as counsel of record may be closed as
    Closure Category H (administrative decision) or I (court
    decision).
   Assistance to pro se litigants cannot be closed in Closure
    Categories H or I.
   You do not include settlements made during the course of
    litigation approved by the administrative agency or court,
    voluntary dismissals or the grant of a motion to withdraw as
    counsel. However, although it may not be technically case
    dispositive, a case closed after a TRO or similar interim order
    made on the merits has been entered, may be closed in this
    category when the litigation is not pursued further.

                                                                20
DEFINITIONS
   CSR Closure Category K – Other
   A closed case that does not fit any of the
    other CSR case closure categories.

   Cases which fit two or more CSR categories
    may not be closed in this category, but
    should be closed in the category which best
    reflects the level of service provided.


                                                 21
DEFINITIONS
   Closure Category L – Extensive Service (not
    resulting in Settlement or Court or
    Administrative Action)
   A case closed in which the program
    undertook extensive research, preparation of
    complex legal documents, extensive
    interaction with third parties on behalf of an
    eligible client, or extensive on-going
    assistance to clients who are proceeding pro
    se.
                                                  22
DEFINITIONS
Closure Category L – Extensive Service (cont)
   Some examples of extensive service include
    the preparation of complex advance
    directives, wills, contracts, real estate
    documents or other legal documents, or the
    provision of extensive transactional work.




                                                23
Are you still following along?
We are almost done!




                                 24
Now to test your knowledge: How would
you close the following cases

1) You file pleadings in court, the other side fails to
   appear & you obtain a default judgment.

2) You enter an appearance before an administrative
tribunal & negotiate a settlement with the agency.

3) Your cases involving multiple levels of assistance



                                                          25
Testing your knowledge
4) You engaged in communications by letter, telephone
   or other means to a third party;
5) You prepared of a simple legal document such as a
   routine will or power of attorney;
6) You provided legal assistance to a pro se client that
   involves assistance with preparation of court or other
   legal documents.
7) You just helped someone by providing some Pro Se
   pleadings.
8) You referred someone to a local Alternative Dispute
   Resolution program.
                                                      26
Testing your knowledge
9) You have agreed to a settlement, negotiated with an
  administrative agency prior to the filing of a formal
  administrative proceeding.
10) You answered some questions at a workshop you
  attended.
11) Your program’s web site provides information ,
  assistance & legal information.
12) You just settled a case through court ordered
  mediation.


                                                   27
Testing your knowledge
13) You just entered into a settlement of pending court
  or administrative actions and the court or
  administrative agency issues an order memorializing
  the settlement.

14) You entered into a settlement with a landlord but
  did not appear in court.

15) You obtained a TRO but after months go by, your
  client disappears

                                                    28
Testing your knowledge
16) You just entered into a settlement made during the
  course of litigation that was then approved by the
  administrative agency.

17) You filed a voluntary dismissal or the grant of a
  motion to withdraw as counsel.

18) You just resolved your case informally through
  contacts with an administrative agency, but without
  any formal administrative agency action.

                                                        29
Testing your knowledge
19) You are about to close your case after extensive
   interaction or negotiations with another party which
   do not result in a negotiated settlement.

20) You are about to close your case after litigation is
   initiated in which the program appears as counsel of
   record but it does not result in a negotiated
   settlement, administrative agency or court decision.




                                                     30
Answers
   You already know them so there is no
    need to give them right?
   Great job!

 (but just in
case)- next chart


                                       31
Answers
   1. I. Court Decision: (a) Uncontested Court Decisions

   2. G. Negotiated Settlement with Litigation

   3. You report only the highest level of service
    provided when a program provides more than one
    type of assistance to a client during the same
    calendar year when attempting to resolve essentially
    the same legal problem, as demonstrated by the
    factual circumstances giving rise to the problem.

                                                     32
Answers
   4. B.Limited Action
   5. B.Limited Action
   6. B.Limited Action
   7. B.Limited Action
   8. No Case
   9. F.Negotiated Settlement without
    Litigation:

                                         33
Answers
10. Depends- if application taken and
  accepted; specific facts provided- then
A. Counsel and Advice: if not, no case.
11. No Case
12. G.Negotiated Settlement with
   Litigation:
13. G.Negotiated Settlement with
   Litigation:
                                        34
Answers
 14. Maybe B. Limited Action, or
F. Negotiated Settlement without
  Litigation.
15. L. Extensive Service
16. G. Negotiated Settlement with
   Litigation
17. L. Extensive Service
                                    35
Answers
   18. Maybe B. Limited Action or maybe
    F. Negotiated Settlement without
    Litigation- depending upon level of
    service.
   19. L. Extensive Service
   20. L. Extensive Service


                                       36
New Legal Problem Codes
New Major Benefits (Outcomes)
   The list of common types of legal problems experienced by
    clients (and self explanatory) and are assigned a numeric Legal
    Problem Code ranging from one to 99 describing the type of
    legal problem. Legal Problem Codes are grouped in ten broad
    Legal Problem Categories. There are 37 new and or revised
    law problems within the ten broader categories

   The major benefit section is to report client benefits achieved on
    all cases closed during the fiscal year. Grantees are to count
    the ONE most significant outcome achieved for each case as
    cases can only be counted once in this section. There are 28
    new benefits added.


                                                                  37
New (or revised)
Legal Problem Codes
   CONSUMER/FINANCE
   04 – Collection Practices/Creditor Harassment
   05 – Predatory Lending Practices (Not Mortgages)
   08 – Unfair and Deceptive Sales and Practices (Not Real Property)
   EDUCATION
   11 – Student Financial Aid
   12 – Discipline (Including Expulsion and Suspension)
   13 – Special Education/Learning Disabilities
   14 – Access (Including Bilingual, Residency, Testing)
   15 – Vocational Education
   EMPLOYMENT
   22 – Wage Claims and other FLSA (Fair Labor Standards Act) Issues
   23 – EITC (Earned Income Tax Credit)
   24 – Taxes (Not EITC)
   25 – Employee Rights
   26 – Agricultural Worker Issues (Not Wage Claims/FLSA Issues)


                                                                        38
New (or revised)
Legal Problem Codes
   JUVENILE
   43 – Emancipation
   44 – Minor Guardian/Conservatorship
   HEALTH
   53 – Government Children’s Health Insurance Programs
   54 – Home and Community Based Care
   55 – Private Health Insurance
   56 – Long Term Health Care Facilities
   57 – State and Local Health
   HOUSING
   62 – Homeownership/Real Property (Not Foreclosure)
   63 – Private Landlord/Tenant
   65 – Mobile Homes
   66 – Housing Discrimination
   67 – Mortgage Foreclosures (Not Predatory Lending/Practices)
   68 – Mortgage Predatory Lending/Practices


                                                                   39
New (or revised)
Legal Problem Codes
   INCOME MAINTENANCE
   71 – TANF
   72 – Social Security (Not SSDI)
   78 – State and Local Income Maintenance
   INDIVIDUAL RIGHTS
   85 – Civil Rights
   86 – Human Trafficking
   MISCELLANEOUS
   91 – Legal Assistance to Non-Profit Organization or Group (Including
    Incorporation/Dissolution)
   93 – Licenses (Drivers, Occupational, and Others)
   96 – Advance Directives/Powers of Attorney
   97 – Municipal Legal Needs



                                                                     40
New Outcome Benefits
   CONSUMER
   205 Stopped or avoided predatory lending practices
   EDUCATION
   1100 Avoided fraudulent student financial aid practices
   1101 Avoided corporal punishment or delayed suspension or expulsion
   1106 Avoided barriers to educational services
   EMPLOYMENT
   2201 Obtained wages, back (or equal) pay or overtime due
   2301 Obtained assistance in applying for EITC
   2401 Obtained taxpayer advocacy assistance with Federal income taxes
   2501 Enforced employee rights under state or federal law
   2601 Addressed issues adversely impacting agricultural workers
   FAMILY
   3301 Obtained guardianship (adult)
   3302 Prevented guardianship (adult)



                                                                           41
New Outcome Benefits
   JUVENILE
   4301 Obtained emancipation of minor
   4401 Obtained protection of rights by representing minor in guardianship or conservatorship
   HEALTH
   5301 Obtained, preserved or increased Children’s Health Insurance Program benefits
   5401 Obtained, preserved or increased home and/or community based care benefits
   5501 Obtained, preserved or increased private health insurance benefits
   5601 Obtained , preserved or increased access to long term health care facilities
   5701 Obtained, preserved or increased assistance in filing for Crime Victim's Compensation
   HOUSING
   6201 Obtained assistance in homeownership
   6501 Prevented loss of /or eviction of mobile home
   6601 Overcame, or obtained redress for, discrimination in obtaining or keeping housing
   6701 Avoided or delayed foreclosure or other loss of home
   6801 Rescinded, modified and/or avoided mortgage because of predatory lending practices




                                                                                         42
New Outcome Benefits
   INCOME MAINTENANCE
   7802 Obtained, preserved or increased assistance in filing for Crime
    Victim's Compensation
   INDIVIDUAL RIGHTS
   8601 Prevented and/or obtained relief from, the battery or cruelty,
    sexual assault or trafficking, or related crimes, for victims of
    trafficking or family members
   MISCELLANEOUS
   9103 Obtained tax exempt status
   9104 Obtained judicial relief
   9302 Obtained occupational license





                                                                      43
Questions & Answers




                      44
Thanks for your attention and it should
be smooth sailing from here on right??




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