Warm and Fuzzy Story

It is with a heartfelt expression of gratitude that I write this blog today. As a legal pro bono legal aid organization relying on many volunteer attorneys to assist our growing number of vulnerable clients, I find the need to tell you of one client's story and her positive outcome. This disabled client relied heavily on her vehicle for transportation to work and doctor’s appointments.

In October, her vehicle was levied upon to satisfy an outstanding judgment, but the value of the car far exceeded the judgment. Her car was set to be sold to pay off the judgment within a couple of weeks. With the help of one of our volunteer attorneys, John Hamilton, III, Esq., he stopped the sale of the automobile and was able to cancel the levy. The client now has her much-needed car back for transportation. I am delighted to write of this today and I will continue to let you all know of future stories such as this one.

Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal

Regional Training

In November both Elizabeth and I had the opportunity to attend a seminar organized by the legal aid providers in Tampa Bay, which consist of Community Law Program, Bay Area Legal Services, Gulfcoast Legal Services, and Legal Aid of Manasota were present. The seminar was designed to better prepare those who have initial client contact over the telephone by providing customer service techniques that are used in every industry. The seminar was presented by Deborah Westlake, from Business Matters Consulting, who has provided similar training for fortune 500 companies nationally.

Given that the majority of the initial contact with clients is over the telephone, it is vital that we have superior phone skills to facilitate the intake process. We certainly learned a lot of useful information during the training that will hopefully make our clients’ stressful time more easy on them. This is one way that legal service providers are better prepared to fulfill its mission.

Sincerely,

Kyle Fleming

Added Benefit to Being a Volunteer Attorney at Community Law Program – Free Training

There are many professional benefits to being a volunteer attorney and assisting vulnerable clients at the Community Law Program. Our many advantages include malpractice insurance, Stetson Law students available to assist our volunteer attorneys, periodic training seminars, mentor attorneys, and uses of our facility's offices are always available upon request. There is also the professional responsibility and fulfilling Rule 4-6.1 which establishes that Florida Bar attorneys perform twenty (20) hours of pro bono legal services to the indigent. As a convenience to our volunteer attorneys, Community Law Program keeps track of these hours. However, another valuable benefit includes free training resources available to our volunteer attorneys, which covers a variety of legal topics. Additionally, there is the opportunity to obtain free Florida Bar approved CLE courses within many areas of law. No, this is not a typo, I did say free.

Through the use of a well defined library via website, one can easily access training materials, videos, case law, administrative decisions, case documents, webinars and even future training sessions, etc. A number of areas of law can be searched by either folder or topic and include family, bankruptcy, housing (which include mortgage foreclosure), consumer, employment, civil rights, and legal skills, along with many more subject specific legal issues. There is even training for someone new to assisting pro bono clients entitled: Legal Needs of Low-Income Floridians. This material covers the many issues an attorney may encounter when assisting our vulnerable clients. I find this to be an exceptional asset to anyone new to pro bono work.

The process to get started is simple. You may contact the Community Law Progam at (727) 582-7480 for specific instructional information then just go online to a website and click on Join This Site. You will then be instructed to fill-in field information to sign up and join. Depending on the type of training you want to sign up for, a protected password will be sent to you. This mainly applies to CLE training. Attorneys wanting CLE then only need to email Community Law Program in order to access the CLE number. You then can login in and choose your training topics. The biggest advantage I feel is the convenience one has with the available CLE webinars. These can be viewed from anywhere and at anytime. Perhaps, even viewed at 10 p.m., from your home, and while wearing your most comfortable clothes. For more information on these training opportunities, please contact the Community Law Program at (727) 582-7480.

Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal

FREE Webinars on Nonprofit Governance

The Community Counsel Program is working with the DC Bar to co-sponsor a free series of five webinars for nonprofit organizations entitled: NONPROFIT GOVERNANCE & THE REVISED IRS FORM 990 - A SERIES OF FIVE WEBINARS DESIGNED TO HELP YOU FILL IN THE BLANKS.

An organization’s Form 990 is one of its most important documents. It is the world’s window into the organization. The IRS, donors, funders and the press review the Form 990 to determine such information as:

*Does the organization have an independent board of directors overseeing its operations?
*Does the organization maintain high ethical standards and a culture of transparency for donors, volunteers, clients and employees?
How much of each donation does the organization pay its outside fundraisers and how much does it keep for its mission?
Is the organization's executive compensation in line with organizations in the area of similar size and with a similar mission?

In recent years the IRS has adopted a specific focus on nonprofit governance as part of its oversight of nonprofits exempt under Section 501(c)(3) of the Internal Revenue Code. The revised Form 990 requires nonprofits to describe in detail their governance practices, including such issues as how the nonprofits manage conflicts of interest and set executive compensation.

This five-part webinar series is designed to help nonprofit organizations, and the attorneys who represent them, understand and comply with the new disclosure requirements. Each webinar in this series will discuss in-depth one of the new disclosure requirements. It will assist participatns in developing policies and procedures that will allow their organizations to follow best practices and help inspire confidence in funders and the general public that the organization is well run.

The webinars are held once a month. They begin at 12 noon and last approximately 60 minutes – and you never have to leave your office!

This series is designed for members of the board of directors and senior executives of nonprofits, as well as attorneys that counsel nonprofit organizations on governance matters.

To register, please click the following link: https://www1.gotomeeting.com/register/598666041

Susan A. Calistri
Staff Attorney
Community Counsel Program Coordinator

Need for Pro Bono Attorneys

As part of our Foreclosure Fraud Prevention Team project we attempt to place foreclosure cases with volunteer attorneys. Since October Attorney Keith Sanders and Attorney Timothy Schuler have each volunteered to represent clients in foreclosure cases.
We are extremely grateful, as are our clients, when attorneys volunteer to represent these homeowners who would otherwise not be able to afford representation.

One of the cases we were able to place involved the home of a single mother, her daughter and her grandchild. Her grandchild is only four months old and spent the first few months of his life in the hospital with serious medical conditions. The mother had to miss work to help take care of the grandchild and fell behind on her mortgage payments. She attempted to contact the lender herself in hopes of modifying her mortgage but was unable to accomplish this on her own. She was then served with a foreclosure complaint after a few months of not being able to pay her mortgage. Now thanks to our very generous volunteer attorney she has representation in this foreclosure case and will hopefully be able to save her families’ home.

Thank you to all of our volunteer attorneys, we could not help as many people as we do without you.

Juanita Carroll
Staff Attorney

Written Agreement required for Foreclosure-related Rescue Services

As I mentioned last week Florida Statute 501.1377 “Violations involving homeowners during the course of residential foreclosure proceedings,” requires a written agreement between the homeowner and the rescue consultant except those rescue consultants excluded under the rule.
Florida Statute 501.1377 (2)(c) defines “foreclosure-related rescue services” as any good or service related to, or promising assistance in connection with:
1. Stopping, avoiding, or delaying foreclosure proceedings concerning residential real property; or
2. Curing or otherwise addressing a default or failure to timely pay with respect to a residential mortgage loan obligation.
Florida Statute 501.1377(4) lays out the rules regarding the written agreement:
a) The written agreement for foreclosure-related rescue services must be printed in at least 12-point uppercase type and signed by both parties. The agreement must include the name and address of the person providing foreclosure-related rescue services, the exact nature and specific detail of each service to be provided, the total amount and terms of charges to be paid by the homeowner for the services, and the date of the agreement. The date of the agreement may not be earlier than the date the homeowner signed the agreement. The foreclosure-rescue consultant must give the homeowner a copy of the agreement to review not less than 1 business day before the homeowner is to sign the agreement.
b) The homeowner has the right to cancel the written agreement without any penalty or obligation if the homeowner cancels the agreement within 3 business days after signing the written agreement. The right to cancel may not be waived by the homeowner or limited in any manner by the foreclosure-rescue consultant. If the homeowner cancels the agreement, any payments that have been given to the foreclosure-rescue consultant must be returned to the homeowner within 10 business days after receipt of the notice of cancellation.
c) An agreement for foreclosure-related rescue services must contain, immediately above the signature line, a statement in at least 12-point uppercase type that substantially complies with the following:
HOMEOWNER'S RIGHT OF CANCELLATION

YOU MAY CANCEL THIS AGREEMENT FOR FORECLOSURE-RELATED RESCUE SERVICES WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FOLLOWING THE DATE THIS AGREEMENT IS SIGNED BY YOU.
THE FORECLOSURE-RESCUE CONSULTANT IS PROHIBITED BY LAW FROM ACCEPTING ANY MONEY, PROPERTY, OR OTHER FORM OF PAYMENT FROM YOU UNTIL ALL PROMISED SERVICES ARE COMPLETE. IF FOR ANY REASON YOU HAVE PAID THE CONSULTANT BEFORE CANCELLATION, YOUR PAYMENT MUST BE RETURNED TO YOU NO LATER THAN 10 BUSINESS DAYS AFTER THE CONSULTANT RECEIVES YOUR CANCELLATION NOTICE.
TO CANCEL THIS AGREEMENT, A SIGNED AND DATED COPY OF A STATEMENT THAT YOU ARE CANCELING THE AGREEMENT SHOULD BE MAILED (POSTMARKED) OR DELIVERED TO (NAME) AT (ADDRESS) NO LATER THAN MIDNIGHT OF (DATE) .
IMPORTANT: IT IS RECOMMENDED THAT YOU CONTACT YOUR LENDER OR MORTGAGE SERVICER BEFORE SIGNING THIS AGREEMENT. YOUR LENDER OR MORTGAGE SERVICER MAY BE WILLING TO NEGOTIATE A PAYMENT PLAN OR A RESTRUCTURING WITH YOU FREE OF CHARGE.
d) The inclusion of the statement does not prohibit the foreclosure-rescue consultant from giving the homeowner more time in which to cancel the agreement than is set forth in the statement, provided all other requirements of this subsection are met.
e) The foreclosure-rescue consultant must give the homeowner a copy of the signed agreement within 3 hours after the homeowner signs the agreement.
If you or anyone you know has had contact with a foreclosure rescue consultant and the above requirements have not been followed please contact Community Law Program, Inc. at 727-582-7480 or the Pinellas County Justice & Consumer Services at 727-464-6200.

Juanita Carroll
Staff Attorney

New Happenings

On December 10, 2009, the St. Petersburg Bar Association will hold their annual Holiday Party. In conjunction with this event, Community Law Program hosts a Holiday Basket Silent Auction to help raise funds to support our organization. We are reaching out to our legal community and asking you to donate a holiday theme basket for our worthy cause. Please contact us at (727) 582-7480 for additional information.

Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal

Disestablishment of Paternity

Sometimes, a case turns out the way it is supposed to turn out.

Nearly two years ago, CLP was contacted by a young man who had been sued by the Florida Department of Revenue for child support.  The young man had signed a birth certificiate for a child who he thought was his...until suspicions of infidelity led to the taking of a private DNA test, when the child was less than a year old, which came back with a 0% possibility of paternity.

At first, attorneys at CLP were unable to gain the support of the DOR for dismissing the case against the young man for support, despite the results of the private DNA testing.  However, nearly a year after the DOR's case was filed, attorneys for the DOR finally agreed, based upon the results of the private test, to  stipulate to court-ordered DNA testing.  And when the court-ordered test later came back as anticipated, with a 0% chance of paternity, the DOR agreed to the disestablishment of paternity, and voluntarily dismissed its case against the young man with prejudice.

The decision was a long time coming, but has given one young man peace of mind concerning his financial responsibilities toward a child who is not his.  Hopefully the DOR can find the child's true father, and establish responsibility for support of the child.

Susan A. Calistri
Staff Attorney

Law Students & Attorneys working together

Today I will explain my role as a Case Manager for the Community Law Program. When a client attends a legal advice clinic and meets with a volunteer attorney, the volunteer attorney can recommend the client to receive pro bono representation or additional assistance. When this occurs, our Executive Director will review the facts of the matter and determines if the client's case falls within the guidelines to obtain additional pro bono assistance.


When a case is selected to be placed with a volunteer attorney, I will begin to contact the attorneys that are in our roster that can handle the client's matter. Sometimes, the matter can be considered a brief service whereas it does not involve litigation or court filings. Other times it is a complex family law case that involves a custody dispute. Placing a case is often a difficult task because many of our attorneys that accept pro bono cases are already representing other pro bono clients. This occurs frequently because many cases, especially family law matters, can take months if not a year or more to complete. Furthermore, availability of pro bono attorneys is limited because we don't want to overburden our volunteer attorneys with multiple complex matters.

However, there are ways to alleviate the burden to the attorney when representing a pro bono client. This assistance is through the use of law students. Last week while I was contacting an attorney, the attorney stated that she would accept a pro bono client if we could obtain a Stetson Law student to assist. This is an excellent opportunity because as I said in my previous blog post, Stetson students are required to complete at least 20 hours of pro bono time for their graduation requirement. When a student provides assistance to an attorney representing a pro bono client, time spent on that client is considered pro bono. This is an example of a way that both attorneys and law students are needed to fulfill the mission of Community Law Program.

We love all of our volunteers!

Sincerely,


Kyle Fleming
Case Manager

Phony Counseling

Another type of foreclosure scam that homeowners should be aware of is Phony Counseling. In this scenario scammers charge excessive fees for paperwork or for making phone calls. Frequently they are papers the homeowner could fill out or phone calls they could make themselves. Often the homeowner is instructed not to contact their lender directly.

In response to the various foreclosure rescue scammers that prey on desperate homeowners the Florida State Legislature has passed Florida Statute 501.1377 “Violations involving homeowners during the course of residential foreclosure proceedings.” This statute prohibits a foreclosure rescue consultant “in the course of offering or providing foreclosure-related rescue services” from doing the following:

1. Engage in or initiate foreclosure-related rescue services without first executing a written agreement with the homeowner for foreclosure related rescue services; or

2. Solicit, charge, receive, or attempt to collect or secure payment, directly or indirectly, for foreclosure-related rescue services before completing or performing all services contained in the agreement for foreclosure related rescue services.

This means there must be a written contract between the homeowner and a foreclosure rescue consultant and that consultant cannot charge the homeowner before they complete all services.

In the coming weeks I will discuss in more detail this law and what it means for homeowners. If you or anyone you know has had contact with a foreclosure rescue consultant and they have not complied with the provisions of Florida Statute 501.1377 please contact the Pinellas County Justice and Consumer Services at 727-464-6200 or you can contact the Community Law Program, Inc. at 727-582-7480.

Juanita Carroll

Staff Attorney

An Alternative to Guardianship

As a practicing probate and trusts/wills attorney, I often see clients at CLP who are terminally ill.  These referrals -- indigent individuals who need wills or powers of attorney -- sometimes also need legal "guardians" for their minor children, and a method for ensuring that the named guardians have the authority to make decisions for those children when the parent is no longer able to do so.

For children with assets -- such as amounts from a life insurance policy that the parent scrimped for -- a formal Guardianship monitored through the courts may be the only viable alternative. 

For children with no assets, whether their own or inherited from a deceased parent, a temporary custodianship under Chapter 751 of the Florida Statutes may be a good option.  Under 751, a minor child can be personally cared for by a named custodian, until that child reaches the age of 18.  The custodian can make personal care decisions for the child, take the child to the doctor, manage schooling and otherwise raise the child to adulthood.  Since there are no annual reports or accountings, no attorney is needed, saving both time and cost, both to the clients and for the court system.

Although 751 is not an option for everyone, in most cases it can provide the clients with exactly what they need: a stable environment for the child, and a reasonable alternative for the adult named to care for the child of a terminally ill parent.

Susan A. Calistri
Staff Attorney 

Celebrate Pro Bono Week 2009

It is with great excitement that I write this blog today, as this is the start of a national Pro Bono Celebration. The ABA has proclaimed October 25th through October 31st as a Pro Bono Week Celebration. It is designed to coordinate a national effort to showcase the incredible difference that pro bono lawyers make to our low-income citizens.

As part of this celebration, I even had the honorable pleasure of attending our own Pinellas County Board of County Commissioners meeting on Oct. 20th in which a Proclamation was read before the board to recognize this week, and to locally celebrate the many contributions our legal community makes to the quality of our justice system. I am proud to say that I have personally witnessed these contributions made by our own volunteer attorneys to our society. In addition, I am pleased to be a small part of the good they do and will continue to do by positively touching so many people in need.

Elizabeth Porcelli, FRP

Clinic Coordinator/Paralegal

Mortgage Broker Scams

Today I will touch briefly on another type of foreclosure rescue scam. In a Mortgage Broker Scam a broker will agree to refinance a loan presumably lowering the homeowner’s payment. However, the broker fails to tell the homeowner that the mortgage involves an adjustable rate mortgage (ARM) or a balloon payment. Both of these scenarios can catch homeowners off guard when their payment increases or a large lump sum comes due. If the homeowner is unable to make the larger payment or a lump sum they can lose their house in foreclosure.

It is essential for potential homeowners and those refinancing properties to read and understand every piece of paper included in their loan documents and not to sign any documents unless all blanks have been filled.

Juanita Carroll
Staff Attorney

Recent Letter from a Nonprofit Organization

It is always nice to hear that we are doing a good job.

Recently, I assisted a new nonprofit organization with finding a pro bono attorney. The new nonprofit, Ty's Smile, is a non profit organization dedicated to the eradication of sickle cell anemia through education, research and family support to members of the community. Established in memory of the founder, Keisha's, brother, who died from complications of sickle cell, the orgnaization's needed assistance with creating a working board, drafting governance documents, and obtaining its federal income tax exemption under 501(c)(3).

Today, several months after Keisha's referral to a local attorney volunteer, I received a wonderful letter from Keisha. She stated, in part, that not only was her pro bono attorney "extremely helpful in providing guidance for our cause", but that "without the Community Law Program, our journey would have taken a lot longer and been more financially challenging."

I'm glad that the Community Counsel Program has been able to help such a worthy organization to get established and begin helping others in our community. I hope that we are able to continue to help other nonprofit organizations as well.

If you know of a new or established nonprofit organization in need of assistance with a legal matter, including landlord-tenant matters, employment matters, contract matters, board governance issues or incorporating and obtaining a 501(c)(3), please contact me at 727-582-7480.

Susan A. Calistri
Staff Attorney

Recent Settlement of Lost Survivor's Benefits

In representing foster youth that have aged-out of care, I am often presented with situations wherein the client has lost vested benefits because of a lack of advocacy by the case managers and other providers assigned to the child’s case. Most recently, I received a referral for a client that aged-out of care without his identifying documents and without federal benefits in place. In the process of trying to secure his Social Security card and apply for SSI (Social Security Income - a federal benefit for which my client would likely qualify), I realized that no one had applied for Survivor’s, or death benefits, following the death of my client’s father in 2007. Due to the lapse in time, my client missed the 2-year deadline to receive the $ 255 lump sum benefit. He also did not receive 22 months of Survivor’s benefits, a vested and accrued right, since social security will only award benefits retroactive 6 months. After submitting a Demand Letter, the case management agency has agreed to settle the matter for almost all the lost benefits, over $ 8,000.00. This money will make a big difference in assisting my client transition into adulthood.

New Probate Clinic

This month CLP will be starting our first ever Probate Clinic. This legal advice clinic will be focusing on advising indigent clients with modest estates in need of probate assistance. The local firm of Fisher & Sauls, P.A., whose attorneys always actively and consistently participated in pro bono work through Community Law Program, committed to staffing this clinic. Through their dedication, they have been working with our organization practically since its inception. This clinic will be held on the 3rd Tuesday of every month from 10:00 a.m. until 12 noon. As it has become very apparent of the growing need for this type of advice clinic, we are all every excited about this addition.


I would also like to recognize a few new volunteer attorneys who have offered to help with our Bankruptcy Clinics and/or our Housing Clinics. Mr. Keith Sanders, Esq., with Sanders Law, P.A., recently made a commitment to staff both of these clinics. He has also taken on two pro bono cases. His experience and dedication will be an asset to our program, and we truly appreciate his time here. Mr. Brett Cameron, Esq., with Giffin, Papp, & Associates recently started volunteering for our Bankruptcy Clinic. Mr. Cameron jumped in and quickly assisted one of our clients by filing an Emergency Motion to Stay Writ of Possession. The motion was granted and our client was allowed more time in her residence. Mr. Cameron's eagerness to help our community will benefit our organization greatly.
Welcome aboard!

Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal

Equity Skimming and Equity Stripping

As I mentioned last Friday, there are a number of specific types of foreclosure rescue scams to which desperate homeowners are falling victim. Today I will discuss Equity Skimming or Equity Stripping.

Scammers convince the homeowner to sign over the title or deed for the home to him or her with the understanding that the mortgage will be paid off by the scammer and the home will be saved from foreclosure. The scammer then refinances the home for the full value, takes the additional money and never pays off the mortgage. The homeowner is left responsible for the loan balance.

Signing over a deed to a third party does not relieve a homeowner of mortgage obligations. The homeowner can lose the home and still be responsible for the balance of the mortgage.

As with all legal documents, never sign anything you do not completely understand. If you or someone you know needs assistance with a foreclosure issue please call us at 727-582-7480.

Juanita Carroll
Staff Attorney

Pro Se Clinic -- Helping Individuals Help Themselves

The Community Law Program's Pro Se Clinic is unique.  Through this clinic, people representing themselves in areas of Family Law not typically covered by one of CLP's formal clinics, are given one-on-one assistance with representing themselves in court.  Stetson law students, under the supervision of a staff attorney, assist clients with completing forms packets (see Florida Courts Downloadable Forms) in such areas of the law as Child Support Modification and Paternity.

Generally, people attending the clinic are given an appointment time to meet with the law student.  The person is instructed to bring with him or her the appropriate packet or forms.  The law student then assists the person with completing the forms, including the summons (if needed), Petition/Counterpetition/Answer, the UCCJEA, the Family Law Financial Affidavit, and any other necessary documents. Although legal advice is not given and no person is represented by an attorney, the assistance of the law students allows the individuals to understand the purpose behind each form, the information that the form is seeking to elicit, and the court process in general.

Thus far, the clinic has been well-received by Stetson law student volunteers.  The clinic allows the law student to practice his or her skills in client interviewing and understanding the family law forms, while fulfilling his or her volunteer hours required by Stetson.

Law students are always appreciated to staff this clinic.  Law students are given hours on a first-come-first-served basis; if the clinic has been fully staffed for a particular semester, more opportunities will be available for the following semester.

To volunteer for the Pro Se Clinic, or to hear about other volunteer opportunities that may be available, call 582-7480, or email to clp@lawprogram.org.

Thank you to our current law student volunteers!

Susan A. Calistri

Staff Attorney

NEVER GIVE UP -- THE BYWORD OF ABUSERS

Just when you think you've brought a family through the turmoil of domestic violence and started a parent and the children on the path to some peace and quiet, the abuser strikes again!!  The abuser simply starts a whole new campaign of domestic terror -- and without directly violating the injunction.  How?  By simply using the legal system designed to protect parents and children.  First, the abuser starts with unfounded child protective service complaints.  The parent and children are then subjected to investigations.  And, if it doesn't work the first time, then the abusers will file for a domestic violence injunction alleging that the "custodial" parent is abusing the children.

All of this is legal, but all of this is still terrifying for the parent trying to work and keep the children safe.  And, probably they are doing that without any financial assistance from the oh-so-worried abuser. How do I know this happens?  I've just seen it in practice and am reminded that sometimes abusers really never give up.  A young woman, who was granted an injunction, and custody of her children, is now facing yet another injunction hearing because her abuser has done just this and will not give up.  A hearing is still required.  Why?  Because our system demands that we are as careful as possible when it comes to children.

Are you looking for an opportunity to help the "underdog?"  If so, there are opportunities to step up and provide these beleaguered parents representation to preserve their hard earned protections.  Our legal system is designed to help them, but sometimes the abusers push the envelope to get around the protections intended.  With a little help from an attorney, the legal system will continue to work as it was intended.  Let's make sure that abusers know that our revered legal system never gives up either.  Call Kimberly Rodgers at 727-582-7480 and volunteer to help a parent keep the protections they and their children need and deserve.

Donna Lonsberry

Staff Attorney

Jive for Justice was a complete success!

As many of you may know on Thursday, September 24th the Community Law Program along with Gulfcoast Legal Services hosted Jive for Justice fundraising event. The event held at Green Iguana in St. Petersburg was a complete success. A special thanks to St. Petersburg College Paralegal Studies' students who offered their time from their studies to staff the reception desk. Additionally, without the event's sponsors listed below and organizers the fundraiser would not have been made possible.


The sponsors included:

Synovus Securities, Stetson University College of Law, Garry Moore, Esq., Evelyn L. Moya, Esq., Nawal Batteh, Esq., John P. Cunningham, Esq., Kimberly Rodgers, Esq., Fisher & Sauls, P.A., Liz Williams, Linda Perrigoue, Fulghum Design Builders, Inc., Fontana CPAs, Print City, MailCo, Tradewinds Resort, Client 1st Advisors, Bay Area Town Car Service, Regions, Northwestern Mutual, and Northeast Acupuncture Oriental Medicine, Inc.

We also thank everyone that joined us for a great evening of music and fun. Some of the items that were auctioned off were a vacation to the Greek Islands, Alaska, and Culinary School in Tuscany, Rays and Bucs tickets, and much more.

Without the generous support from local businesses and attorneys, legal aid programs such as ours would not be made possible.

Sincerely,


Kyle Fleming
Case Manager

Foreclosure Fraud Prevention Team

The Community Law Program has partnered with the Pinellas County Department of Justice and Consumer Services; St. Petersburg Neighborhood Housing Service; Gulfcoast Legal Aid and the Community Development Corporation to form the Foreclosure Fraud Prevention Team. My name is Nita Carroll. I am an attorney in Pinellas County and I am currently staffing this project for the Community Law Program.

The goal of this project is to help the community identify and prevent foreclosure fraud. As the number of foreclosures rise so do the predatory scams designed by unethical and sometimes criminal people or businesses to take advantage of desperate homeowners. Some of the common scams are equity skimming or stripping; mortgage broker scams; internet and telemarketing scams and phony counseling. I will discuss each type of scam in more detail in the weeks to come. In the interim it is important that if you or someone you know is facing foreclosure you should:

1. beware of anyone that contacts you offering to save your home;
2. read and understand everything you sign and talk to an attorney if you need an explanation;
3. do not sign any papers with any fields left blank;
4. check for complaints about a business before signing anything by calling 727-464-6200 or online at www.pinellascounty.org/consumer and
5. remember that if the deal sounds to good to be true then it probably is.

The Community Law Program and the Foreclosure Fraud Prevention Team will be participating in community outreach programs and will also counsel individual homeowners. We also hope to recruit volunteer attorneys to help represent homeowners that have been victims of foreclosure fraud.

If you need help with foreclosure fraud please contact us at727-582-7480.

Nita Carroll

It Takes All Kinds of Help

One major misconception of legal aid is that attorneys are needed only to handle individual family law cases for pro bono clients. This couldn't be further from the truth.

Although some assistance is provided to individual clients through pro bono case representation, the majority of the assistance provided by Community Law Program is given through formal clinics. From family law and divorce forms clinics, to probate, bankruptcy and housing clinics, pro bono clients most times receive their legal advice in one-on-one limited interactions with attorneys through the more than 30 clinics held each month.

Often times, pro bono clients simply need advice regarding how to begin representing themselves, whether they are pointed in the direction of forms or packets for sale by the Pinellas Clerk, or advised on the filing of an answer or Motion to Dismiss. Sometimes, clients simply need to know the issues that are important in their case, and how the legal process works. Those clients are assisted in fifteen minutes or so during a clinic.

Attorney volunteers are always needed to staff clinics, in order to assist clients in need. Areas of law can include not only family law, but also landlord/tenant (or other housing/real property), civil litigation, probate/elder law, and bankruptcy. Since clinics are held at all times of the day (including a few evening clinics), attorneys can volunteer at clinics and times that suit their busy schedules. Volunteer time can range from a few hours each month, to a few hours each week.

If you can assist just a few hours each month for one of our clinics, please contact Kimberly Rodgers at 727-582-7480. We appreciate your help!

Susan A. Calistri
Staff Attorney

Slowly but Surely Foster Kids are Getting Their ID

Florida Statutes, section 39.701, provides that all foster children 17 years and older shall be provided with a current Medicaid card, a certified copy of his/her birth certificate, and either a valid driver’s license or Florida ID card. By implication, a Social Security card must also be provided since it is required to get a driver’s license or Florida ID card. For years, foster kids have aged-out of care without these important documents. After many months of advocating this cause, Gulfcoast Community Care, the agency that oversees case management services for children 5 to 18 years old in Pinellas County, has recently implemented a procedure to ensure foster kids receive their original birth certificate, Social Security card, and Medicaid card. The procedure still must be tweaked to require the case manager to also assist the child with obtaining his/her driver’s license or Florida ID, but Gulfcoast is at least taking a big step in the right direction.

A Community Counsel Success Story

About ten months ago, I was approached by a gentleman whom I'll call "David." David sought help to incorporate a new nonprofit organization, and to obtain its 501(c)(3) tax exempt status. The Community Counsel Program (CCP) at Community Law was created to match nonprofit organizations in need of legal assistance, with pro bono attorneys willing to provide legal advice; I gathered the information about David's organization, in the hope of finding an attorney who could assist him.

Just a short time later, we found a great attorney for David from among our group of dedicated volunteers. This attorney not only helped David to incorporate his organization, but also to file the 1023 Application for Exemption under (501)(c)(3).

Fast-forward to last week, when David returned to our office, seeking additional assistance. In the intervening months since his referral to the attorney, David's organization has flourished. In addition to creating a faith-based "self-help" program designed to provide assistance to the homeless, David has been approved to participate in the Internal Revenue Service's program that allows local businesses to donate their tax liabilities to David's organization. David has already begun soliciting businesses with the goal of raising more than $3 million over the next two years, with which David is planning to purchase homes to use to house the homeless for a period of up to 12 months, while the person or family participates in the self-help program.

With David's drive and sense of purpose leading the way, David's organization stands to assist many members of our community in bettering their lives. Organizations like David's are important to our community, and are the kind of organization that can benefit from CCP.

If you are interested in volunteering your time to help a nonprofit organization with CCP, please contact our office at 582-7480.

Susan A. Calistri
Staff Attorney

Outreach Clinic for Domestic Violence

Community Law Program sponsors several different clinics to assist individuals throughout St. Petersburg.  One of those that is specifically designed to assist survivors of domestic violence is held on the second Tuesday of each month at CASA (Community Action Stops Abuse).  CASA's office is located at 1011 First Avenue North and all survivors of domestic violence who need legal assistance with injunctions, dissolution of marriage or paternity issues may attend.  The Clinic starts at 6:00 pm.

At the Clinic we address general issues and also provide limited assistance with filling out forms for dissolution, paternity or injunctions.  The Clinic is designed to be part of an outreach project for survivors of domestic violence.  Whether an individual has filed for an injunction or not or whether an injunction has been granted or denied, this Clinic can provide assistance with ongoing family law related issues.

This Clinic also presents another opportunity for lawyers who would like to provide limited pro bono time (and without being in the middle of a normal work day).  We encourage anyone who is interested in helping with this Clinic to contact Kimberly Rodgers at Community Law to attend and lend a hand.  Most of the individuals who attend this Clinic are looking for limited assistance and an opportunity to understand the legal process to protect themselves and their families.

Donna Lonsberry
Staff Attorney

Welcome to our blog

Since our Blog’s first post you have heard from Elizabeth Porcelli, Donna Lonsberry, Susan Calistri and Dawn Hulbert. Donna, Dawn and Susan are all practicing attorneys. Elizabeth and I are what are classified as non-attorneys. We keep very busy during the week doing everything from answering the phone, general administrative duties or assisting the volunteer attorneys during the clinics.

The Community Law Program was founded in 1990 by a group of St. Petersburg Bar attorneys that understood that St. Petersburg was in need of pro bono legal assistance. Every day I have firsthand experience why pro bono service is an important part of the legal profession. The Community Law Program provides legal assistance in the areas of family, bankruptcy, wills and probate, housing and general civil legal matters. In other situations where legal advice is not sufficient, the Community Law Program has a panel of volunteer attorneys that accept placement of pro bono clients for representation at their firm.

As what was mentioned before, we love our volunteers. Pro bono service plays a vital role in the system in order to keep access to the courts. This is especially true in these dire times that our nation is experiencing and more specifically, our local community. Stetson University College of Law reaffirms the importance of pro bono service by requiring each student to complete a minimum of 20 hours as part of their graduation requirement. In 2008, Stetson’s student body documented more than 14,000 hours of service and our program is appreciative of every student that selects our program to fulfill their requirement.

In summary, I truly enjoy the opportunity to work among attorneys and law students while assisting our clients. As there is no mandatory pro bono requirement for attorneys, our volunteer attorneys are dedicated in providing assistance to our areas most disadvantaged residents. Additionally, the assistance we receive from the law students would make any Dean and Professor proud that their students are making an impact within our community.

Kyle Fleming
Case Manager

DJJ Subcomittee is a Success!

Last February, Donna Rasmussen, Director of the Guardian ad Litem Program and I formed the Department of Juvenile Justice (DJJ) Subcomittee, with the goal of reducing the number of foster kids funneled into the criminal justice system. It has been a great success! In partnership with Eckerd Community Alternatives, the lead agency for foster care in this area, we now gather monthly statistics showing exactly how many dependent children are arrested each month and from where. This information is then used to target efforts to reduce arrrests, such as those that may occur when the child is on run-away status. Another success has been developing a Who to Call and When list so that providers know who is available in the community to help in their time of crisis with a foster child. Lastly, through the Circuit's Behavioral Evaluation Program, we provided Trauma Training to case managers, foster parents, and others to better understand how trauma impacts a child's behavior and appropriate steps to take to reduce the child's outbursts or aggressions. Dawn Hulbert, Attorney ad Litem

Thank Goodness for Volunteers!

I dedicate today’s blog post to all of those volunteers who assist the Community Law Program in its mission to help the poor. From lawyers to law students to paralegals and lay persons, CLP would not succeed in its mission to provide legal services to the indigent of our community with the dedication of our volunteers.

Lawyers: Lawyers are the backbone of our programs. Volunteer lawyers staff our many law clinics; handle cases involving family law, wills, bankruptcy and housing issues; and represent clients in an array of individual pro bono matters in courts in Pinellas County. Lawyers, some of whom also represent pro bono clients, serve on the CLP board along with other members of the community, providing guidance and leadership to the organization as a whole.

Law students: Law students provide the support that our programs need to keep running. From managing client intake for monthly clinics to researching cases to staffing a Pro Se clinic one day per week (in which law students, under the guidance of a staff attorney, assist clients with preparation of pro se forms), law students give of their time and energy to assist clients who would otherwise go unassisted.

Paralegals and lay persons: Paralegals and lay persons assist with answering phones, prescreening clients for eligibility, organizing fundraising events, and organizing form files and other administrative matters at CLP.

Of course, we are always seeking additional volunteers! Whether you would like to help in a clinic on a weekly or monthly basis, handle a discreet (short-term) matter for a client, or handle a case, there is plenty of pro bono work to be found. Although family law cases are the most plentiful, there are always corporate and tax matters, housing issues, bankruptcy matters and other miscellaneous legal matters in which clients need assistance.

In the coming weeks, I will focus on some of our many volunteers who have helped our program in big ways. If you would like to volunteer with CLP, please call 582-7480, or email clp@lawprogram.org.

Susan A. Calistri, Esq.

Staff Attorney

A Big Benefit in Tough Times

Times are tough for everyone and more and more individuals need
assistance.  And, times are tough for attorneys too.  But most of us
want to help and just can't take on difficult or long-lasting pro bono
cases.  So, here's something that we can all do!

Domestic violence injunction return hearings!  Why?  Because they don't
take a great deal of time and most people are really timid or downright
afraid to stand in a courtroom and tell their story.  These individuals
are also afraid because of the violence in their lives -- imagine it if
you can -- to be afraid of your spouse, your boyfriend or your
girlfriend, or the very worst, to be afraid for your child(ren).  What
can you do?  You can help a client who may never have had anyone stand
up for them before.  This just happened to me -- a woman who cried with
thanks because of just that.  No one had ever helped her before.  She
filed her own injunction and then her landlord tried to evict her.
Again, why?  Because the landlord is a friend of her husband.  Arguably
that was third-party contact -- at least it was intended to frighten the
woman some more.  I wrote a simple letter explaining that to the
landlord and advised the client to file for a violation of the
injunction.  I simply stood up for her and gave her the breathing room
to move on without more threats hanging over her head.  Simple and not
a lot of time and effort.  A huge breakthrough for the woman though.

We're asking for attorneys to help -- and it's not just women, but some
men, who need help with this type of service.   It's a really big
benefit for not so much of our time.  It's a true "hand up" to someone
and not just a "hand out."

Donna J. Lonsberry, Esquire
Staff Attorney

Thank you sponsors!

Welcome all! Today, I really want to tell you about our upcoming Jive for Justice fundraising event, which will be held on Thursday, September 24th. We will be having food, refreshments, and live music featuring: The Amazing Rolling Stones Tribute Band. This event is to benefit Gulfcoast Legal Services, Inc., along with CLP, and will be located at the Green Iguana, 8790 Bay Pines Blvd., in St. St. Petersburg. The time is from 5:30 p.m. – 9 p.m. and tickets are $25.00 in advance or $30.00 at the door.

As of today, we have six amazing people and companies sponsoring this event. They include Bay News 9; Synovus Securities; Fontana, CPA; Client 1st Advisors; F.L. Fulghum Design Builders, Inc.; and Kimberly Rodgers. A big thank you goes out to these generous sponsors for supporting Community Law Program. FYI, more sponsorship opportunities are still available. Hint hint.

Lastly, after recently seeing this band at another fundraiser, I personally think they put on an awesome show and are right on target to the original Rolling Stones. I hope to see many familiar faces and many new faces in the crowd enjoying the night. See you then.

Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal

A New Blog

Just wanted to say "Hi" to all of our future blog followers. We're looking forward spending time with all of you!