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
Monday, November 23, 2009
Wednesday, November 18, 2009
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
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
Friday, November 13, 2009
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
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
Tuesday, November 10, 2009
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
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
Monday, November 9, 2009
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
Elizabeth Porcelli, FRP
Clinic Coordinator/Paralegal
Wednesday, November 4, 2009
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
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
Monday, November 2, 2009
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
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
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