excerpt from the · lawyer-initiatedphone calls. hlcp does aggressive outreach to deliver legal...

38
Syllabus: "HIV Legal Checkups -- II New Tool for Improving Community Health Through Human Rights" Excerpt from the HIV Legal Checkup Project Volunteer Advocate Training Manual (2000)

Upload: others

Post on 09-Oct-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Syllabus: "HIV Legal Checkups -- II

New Tool for Improving Community Health Through Human Rights"

Excerpt from theHIV Legal Checkup Project

Volunteer Advocate TrainingManual(2000)

Page 2: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

What is the HIV Legal Checkup Project?

Preventing Problems... Bridging Barrien' ... Empowering Qients

People living withmv and AIDS face a cascade ofpotentially devastating legalproblems from the moment they discover that they are mY-positive. Although traditionallegal services exist to address these needs, they are frequently utilized only after clientshave serious legal problems. By the time clients access these services, their problems havecaused significant hardship and are difficult to remedy. To help clients prevent legalproblems, and to bridge the barriers between HALSA services and people living with HIVand AIDS, HALSA has developed the HIV Legal Checkup Project.

Legal check-ups are the first step in the process of empowering clients to maintainindependent lives. A"legal check-up" is a comprehensive one-on-one legal consultationsession. Legal check-ups evaluate clients' current and future legal needs and provideclients with the resources, information and referrals necessary to prevent and address theirproblems. The initial check-up serves as the beginning ofan ongoing relationship that isreinforced with the development ofindividually-tailored client action plans and periodiclawyer-initiated phone calls.

HLCP does aggressive outreach to deliver legal checkups to clients who under­utilize HIV-Legal Services. Outreach is conducted by: 1) having monthly and bi-monthlylegal checkup clinics at HIV medical clinics and AIDS Service Organizations, 2)advertising the legal checkup service to the HIV-community at-large; 3) getting directreferrals from the HALSA intake line; and 4) training case managers to include the legalcheckup service on their clients' individual service plans.

HLCP was founded in January of 1998. As ofJuly 1, 1998, over 200 clients havereceived legal checkups.

HLCP was started with grants from the echoing greenfollndation, the HarvardLaw School Kaufmann Fellowship, the New York University Public Interest LawFoundalion, and donations from partners ofthe law firm oi Simpson, Thacher andBartlett.

.'

Page 3: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

How can I volunteer?

HLCP relies heavily on the pro bono work ofattorneys and law students. Bothattorneys and law students can volunteer to conduct legal checkups. Volunteeringrequires a commitment:

1) to complete the training necessary to conduct legal checkups,

2) to keep abreast ofnew developments in the law and new issues that are important toour clients, and

3) to staffa legal checkup site for 3 - 5 hours either once or twice a month.

Clinics are conducted during the day and in the evening at sites throughout Los AngelesCounty.

Call (323) 993-1527 and speak to HLCP Director Brad Sears ifyou want to volunteer!

Page 4: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

,".

Who.are HLCP'S Clients?

HLCP is funded to provide legal checkups and otjler preventive legal services to .anyone who is HIV-positive in Los Angeles County. There are no income or othereligibility requirement for legal checkup clients. The service is designed not only to helppoor people, but to help all people with HIV gain anellor retain access to income, healthcare, and housing through legal services.

AIDSIHIV in Los Angeles County - A Snapshot

Currently, there are approximately 45,000 persons living with HIV disease in LosAngeles County. The fonowing charts provide demographic information on thispopulation.

The fonowing trends have remained consistent throughout the history ofthe HIV/AIDSepidemic:

• The profile ofthe mode oftransmission is moving from gay men toIVDUs and heterosexual transmission to women.

• The ethnic profile is moving from Caucasians to people of color.

• Women form a larger percentage ofthose newly-infected each year.

• The epidemic is increasingly concentrated in poor communities;among people who were poor before they contracted HIV-disease.

Two demographic trends are increasing the legal needs ofpeople with HIV:

• Legal needs are increasing as the disease impacts cOlTUllunities thatwere already poor and that face other types ofprejudice - racism,sexism, criminalization, etc. "

• Legal needs are increasing as people are living longer on new cocktailcombinations. The new treatments are both changing and increasingthe legal needs of people living with HIV-disease,

=

Page 5: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

What are the. legal nee(ls of people with HIV?

• A needs assessment survey conducted bythe HIV Legal Services Delivery Project

.found.that-people IivingwithHIV-disease ..... in Los Angeles County are in need of

legal assistance 15,000 - 20,000 times ayear.

•.' .~

• The report HIV Services in Los AngelesCounty: An Assessme1'}t ofSupply, Demand,and Access found that more than half of

.' the people living with HIV-disease in LosAngeles County had need for legal helpor advice.

• The same report also found that over 40%of persons living with HIV-disease whohad experienced a need for legal serviceshad never received such services.

• There are less than ten full-time lawyersin Los Angeles County to address theseneeds.

Page 6: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

What is a legal checkup?

Definition a comprehensive one-on-one legal consultation session. Custom­tailored to meet each individual client's needs. Its purpose is to help~lients use legal services to preserve access to income, health care,and housing. Legal check-ups evaluate clients' current and futurelegal needs, and provide clients with the resources, infonnation, and

u referrals. necessary to .preventand .address their problems:' The-initialcheckup is reinforced with the development of a client action planand periodic lawyer.initiated phone calls.

Issues covered

Goals

Needs Assessment:

Preventive Education:

Individual Issues:

BenefitsHousingDebtor/CreditorTaxEmploymentConfidentialityDiscriminationTestamentary DocumentsInsuranceFamily LawImmigrationOther Issues (criminal, traffic, p.i.)

1. Provide a positive and infonnative interaction with a lawyer.2. IdentitY any current legal needs or questions.3. Provide answers to legal questions.4. Provide relevant legal referrals.5. Educate clients about the free legal services available in LA.6. Educate clients about when and how to 'access legal services.7. Educate clients about general HIV/AIDS legal infonnation:

Confidentiality, Discrimination, Testamentary documents.8. Educate clients on specific legal issues:

Benefits, Employment, Housing, Debtor/Creditor, Insurance.9. Gather data about the legal needs.of clients in LA County.

::::.:

Page 7: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

A consultation; not an interview or an intake

The legal checkup Client Questionnaire might make a legal Check up look like justa long series ofquestions. But it's not. A legal checkup is not an interview or an intake.It's a consultation. The client should leave their checkup feeling like they learnedsomething useful. This means you have to be able to answer questions, identify problems,an.d provide good referrals. Think in terms of"value-added" for the client.

....

Interview: In an interview, a professional asks a client questions but does notprovide any useful information. The primary purpose oftheinterview is information gathering - for the professional's benefit orfor the benefit ofa group' of people. An interview has no "value-added" for each client during the interview. The interviewer takesinformation from the client but does not give anything back.Interviews are rarely empowering or educational.

Intake: In an intake, a non-professional (usually with little training orknowledge) gathers information solely for the purpose of passing iton to another professional to evaluate. The primary purpose ofintakes are to cut down professionals' client interviewing time andto weed out clients who are not eligible for services. While theclient will eventually benefit from the intake, it will not be until theprofessional evaluates the information collected. The intake itselfis no more informative or empowering than the interview.

Consultation: In a consultation, clients are asked questions and clients askquestions. A professional provides answers to questions and knowswhat questions to ask to get relevant information. For issues thatrequire additional services, the professional knows what.servicesthe client needs and where the client can get those services. Theclient leaves with questions answered and knowing how to take

• care ofunresolved issues. The client leaves both informed andempowered.

Page 8: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Why do we need a preventive legal service?

1. The nature of the legal ne.eds of people with HIV­disease.

People-living with ..HIV-disease in Los Angeles county often have a largenumber of legal problems that span a wide range of legal issues.

.Because .of the many obstacles to accessing legal services {see below),clients do not solve legal problems in their early stages and problems tend tosnowball. Approaching legal problems holistically works best becauseclients' legal problems usually overlap, For example, if a client is too sick towork, and is not receiving public benefits, slhe may risk eviction, or slhemay accrue large amounts ofdebt.

2. Ol,>stacles to accessing legal services.

A recent study found that over 40% of persons living with .HIV-disease inLos Angeles County who had ex:perienced a need for legal services had neverreceived such services. An ABA study identified the following obstacles thatprevent poor people, in general from accessing legal services.

• Recognizing a problem as legal in nature.• Finding a qualified lawyer (17.5%).• Affording a lawyer's help (28%),• Scarcity oflegal services.• Fear of lawyers.• Cultural Barriers.

3. Paradigm Shift in HIV/AIDS Legal Services:

From preparing c1ientsfor an easier death .. ,"

to providing legal strategies for life!

."

Page 9: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

How does the legal checkup help clients?

The following is a report that shows the impact the legal checkup is having onclients at one ofthe sites that sponsors a legal checkup clinic, the Oasis Clinic in Compton.

OASIS CLINIC JAN. 1998

Summary

Total Clients

% ofclients who had never usedmV-related Services

Total HALSA ReferralsHALSA Referrals per client

Total Non-HALSA ReferralsNoo-HALSA Referrals per dicot

Advice on Specific Issues During CheckupAdvice 00 Specific bsues per c1ieot

Total Moot IssuesMoot bsue per clieot

....25 ~

88o/0{(2)

472

381.5

592.4

391.5

Clienu greatest uomel oeedJ were:

1. Bcoefits aDd IDsur.tllce questioos2. Testamcotary documents3. Debtor Creditor issues4. Housing: evictions, babitabillty, aDd HOPWA infonoatiooS. Tax issues

Clienu bad little knowledge of these specific programs or righu:

1. Right to Confidentiality2. Right to Reasonable Accommodation3. Eligibility for Health IDsuraoce through employment4. How to deal with discrimlnatiooS. Applying for worklback to work issues6. FlUDily Medieal Leave Act7. HOPWA

."

."

Page 10: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

What type of training do I need?

You don't have to be an expert in HIV/AIDS .law to do a legal checkup. Studiesby the American Bar Association show that 80% oflega! issues presented to legal servicesproviders can be resolved with briefadvice and counseling. You will be able to advise ourclients on many issues by drawing on three sources of knowledge that you already have:

1. Your "common sense."2. Yourlegalthinking skills.3. Your current area of practice in the law.

..•.

By learning 50 different pieces of information about HIV/AlDS law (whichare all in this manual), you will be able to answer most of our client's questions.Remember, those questions that you can't answer Can be referred to the HALSA staff.

Specifically, you need have enough familiarity with HIV/AIDS law to:

I) Be good "issue spotters" for HIV/AIDS legal issues.

2) Provide answers to clients commonly asked questions.

3) Educate clients about their rights and the legal services in Los Angeles.

4) Refer clients to HALSA services and to other free legal services.

5) Weed out legal issues that don't need to be or can't be addressed

Trainings

Volunteers should complete the following trainings before conducting a legalcheckup site.

.'

A Attend a Legal Checkup Training Session (2 hours).B. Attend a one-on-one Legal Checkup Training Session (1 hour).C. Read the Legal Checkup Volunteer Manual.D. Read and become familiar with the brochures in the Client Folder.E. Read and become familiar with the brochures in the Outreach Packet.

Page 11: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

A General Practitioner; not a Specialist

Another way to approach preparing for the legal checkup is to think about thedifference between a general practitioner and a specialist in the field ofmedicine; or thedifference between a "gate keeper" or primary care physician and a specialist in an HMO.

You want your general practitioner to be an excellent diagnostician, to be able todiagnosis any problem that you come in with. It's not important that he or she be able totreat every problem, or even fully understand all ofthe implications ofevery problem. Shejust needs to be able to recognize the problem, and more important, to know whichspecialist to refer you to in order to take care of the problem.

Ofcourse, you also expect your general practitioner to be able to handle routineproblems and not to refer you to someone else for a problem she could take care ofin afew minutes. You also do not want to be referred to a specialist who can not help you.

To do legal checkups, you'r;: training to be a goo": "legal generalpractitioner" or"diagnostician." This means you need to know a little bit about a lot ofdifferent issues.For example, to do a legal checkup, you don't need to know how to litigate adiscrimination case. You do need to know what types ofactions by employers and othersviolate the anti-discrimination laws

"

Page 12: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

CLIENT FOLDER

Most all of the materials that you will need to do. a legal checkup are located in theblack Client Folders. Copies of these materials are included in this section for you toreference while studying this manual.

In the right band side of the client folder you'll find:

"C1ientQuestionnaire

Action Plan

This'is the document,that lists allthe,questions'thatyou'Uask during the legal checkup. It's a guide to shape yourconversation. You should be familiar enough with thequestioMaire so that you don't have to read the questionsto the client. No need to memorize - you'll have it downafter one or two checkups.

You'II fill out the questioMalre during and immediatelyafter the checkup. Then you'll return it to HALSA in theReturn Envelope. See attached.

This is the client's guide to what he or she needs to do afterthe checkup to address his or her legal needs. All referralsare listed on the action plan. The plan also lets HALSAknow what it needs to do to help the client. You'll fill outthe action plan during and after the legal checkup. You'llgive the original to the client and return a copy to HALSAin the Return Envelope. See attached.

In the left hand side of the client folder you'll find:

Referral Sheet

Confidentiality Brochure

Discrimination Brochure

Legal Check-Up Card

On the front is a list ofHALSA services. On the back is alist of other free legal services in LA County. See attached.

A brochure that you'll use to help you explain the client'sconfidentiality rights. See C9py in Confidentiality Section.

A brochure that you'll use to help you explain the client'srights to be free from discrimination. See copy inDiscrimination Section.

Tell the client that they can call the number on this card ifhave any questions or legal needs. '

Page 13: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

OUTREACH PACKET

The Outreach Packets includes all ofthe materials that you will need to do a legalcheckup. In the front are sections for client folders and posters and brochures advertisingthe legal checkup clinic. The rest of the sections have client education brochures. At theback ofthe packet is. a copy ofHIV L.A., a directory ofall of the HIV/AlDS resources inLos Angeles County.

You ,should be familiar with all of the brochures in the packet and HIV LA

You should also make sure that your packet is well-equipped before each clinic.The following is a list of the materials in the outreach packet and the number ofeach thatyou need at the minimum before each clinic. Please stock up on more ifyou want to.You can pick up new materials at HALSA or fax HALSA a request for more materials

using the Request From in the Outreach Packet:

Volunteer Manual 1Request Forms 1Return Envelopes 1Client Folders 6

, Clinic Posters 2HLCP brochures 20~SH 6Spanish~SH 3DISH 6Spanish DISH 3Bet Tzedek Repairs Brochure 4Eviction Defense Chart 4Returning to Work Brochure 4Guardianship Brochure 2Small Claims Court Brochure 2HIVL.A. 1

Remember, these numbers represent the minimum number ofeach materials thatyou will need to do a legal checkupclinic.'

Page 14: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

LEGAL CHECKUP CLINIC

Checklist .'

oo

o

oo

o

oo

Ifyou have a site that scheduled'date, call to get a fax of your client list from yoursite contact or the HLCP Director the day before your clinic. ....

Make sure you have a well-stocked outreach packet. See the sheet on theOutreach Packet in the Volunteer Manual. Request any materials you need fromHALSA by using the Materials Request Form in your Outreach·Packet.

Arrive at the clinic on time and check in with your site contact. Make sure youhave a private place to interview clients and that you know where the copymachine is.

Do your legal checkups. Either complete your schedule ofclients or, for drop-inclinics, conduct 3 - 5 legal checkups during the clinic hours.

Fill out the Client Questionnaire completely for each client. This includeswriting down all questions the client asked, aU advice given to the client,and how each issue raised by the client was resolved. You keep the filled outClient Questionnaire to give to HALSA.

Fill out each client's Action Plan and make a copy ofthe completed ActionPlan. The original should be given to the client with their client Folder. Youshould keep the copy for HALSA.

Put up posters marked with the next date of the clinic before you leave. Also,make sure the site has brochures displaced advertising the legal checkup clinics.

Mail each client's Client Questionnaire and Action Plan to the HLCP Directorwithin two working days ofyour clinic. You can use the Return Envelope in yourOutreach Packet.

.' .'

Please call HLCP at (323) 993-1527 if you have any questions or need assistance..

Page 15: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

LEGAL CHECKUP

o Introduction.

o Intake Questions.

Checklist·

Introduce yourself.Explain purposes of the legal checkup.Explain that the entire conversation will be confidential.

..... ..Ask these questions to get contact and demographicinformation about the client. The client doesn't have toanswer the questions ifthey do not want to.

.0 First Question. Always begin by asking client if they have any questionsor things they want to talk about. Show the list ofHALSAServices to the client on the Referral Sheet. Tell the clientthat you can talk about any ofthose topics. Address theclient's concerns first. Be sure to write down all thequestions that the client starts with in the first section.

o Substantive Sections Next, work through the rest of the substantive legalcheckup sections. Feel free to jump ahead whenever theclient brings up a specific issue. Write down all thequestions asked and the advice and referrals given.

" :

o

o

o

Checkup Checklist Mark the boxes of the sections covered during the checkup.This lets us know what still needs to be covered with theclient.

Action Plan Fill out the client Action Plan. Write enough information onthe Action Plan for HALSA to provide a referral withoutlooking at the questionnaire. Remember, the client will alsobe reading the Action Plan. Make a copy of the ActionPlan.

Closing Give the client his or her client folder. The folder shouldinclude all of the client education brochures that the clientneeds, an FILCP card, and a copy ofhis or her Action Plan.Review all of these with the client.

o Attorney Summary Fill out the Summary section on the second page of tileClient Questionnaire.

o Send Documents Return the Client Questionnaire and the copy of the client'sAction Plan to HALSA

Page 16: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Clients You May Meet

Almost all clients really appreciate the legal checkup - it provides them with usefulinformation, answers to their questions, and access to free legal services. Frequently clientscomment about how much they've gained from the service when it's over.

However, you will meet some clients that will be more challenging. While each client isunique, you should be prepared to handle the following circumstancei: -

.. "

No ProblemsIt may feel strange to run through the whole lega1 checkup with aclient that has no legal problems. You may feel like this clientdidn't get a lot out of the service. This is natural, it's often moreexciting to have a client with a pressing issue that you've helped toresolve. But remember, ibis is a preventive service. Not everyonewho goes in for a medical checkup gets diagnosed with an illness ­and most people are thankful for that. Also, even a cl1cdt "'ith noproblems has leamed about HALSA and the services it provides,their rights regarding Confidentiality and Discrimination, and theTestunentary Documents that are available. If the client has noissues, the legal checkup should only take 10 to 20 minutes.

Too Many Problems

This can be hard. You may feel that you've just identified a largenumber of problems that the client wasn't even aware of - and now -.the client has a lot to deal with emotionally. Relax, the client knewabout these problems before (and probai>ly has dealt with worse.)The new information that the client has gained is that he or she can dosomething about them. You can help the client prioritize what he orshe needs to do by ranking the issues oil the Action Plan, or justadvising the client where to start. For example, filling out a DISH isusually more pressing than filling out a WISH; working out aneviction defense is more pressing than handling an 8 -month oldconfidentiality issue. . .

Sick or TiredThis is extremely rare. Even if you encounter a client that is sick ortired, if she came to an appointment, she is probably prepared tocontinue. Many clients are used to working in spite of illness- andfatigue. However, please don't keep a client who isuncomfortable and wants to stop. Mark down how far you on thechecklist on the last page of the Client Questionnaire and wrap it up.

Page 17: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Non-Talkative

The Talker

MentallyHandicapped

This is very rare. Most clients appreciate the opportunity to be ableto talk about their lives. If the client is not-talkative, try to be moreconversational yourself. Clients talk the most, and identify the mostproblems, when they don't feel. Don't cut off stories or commentsthat aren't directly linked to a legal issues, unless the client is talkingon and on. This type of questioning is different than vv.!Iat lawyersoften do. Also remember that .manyofthcsc issues hit on verypersonal subjects like illness, poverty, death, criminali.zed behavior,and sexuality. Try to make the client feel comfortable. Sharingsomething about yourself, a similar problem or experience, can putthe client at ease. You can also use humor.

This problem is a little more frequent. It's not a problem at allunless the client's talking is going to keep you over a hour. Talkersusualiy don't mind if you interrupt. They're used to it. Just plowahead with the next questions when you need to move on.Although allowing the client to talk freely is the best way to getinformation, you don't have to be held captive.

Some of our clients have slight to severe mental handicaps. Mostare competent enough to make it through the legal checkup.

Ifyou feel that a client isn't able to comprehend your questions or isgiving illogical answers, be respectful and give an abridged form ofthe legal checkup. The won't lmow ifyou skip sections orquestions. Wrap up and give the client an Action Plan. Out of theapproximately 250 clients that have had a legal checlgJp so far, onlyI has not been able to complete a legal checkup due "to a.mentalhandicap.

.-

Page 18: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

RECORD KEEPING

An important part of doing a legal checkup is writing down as much information as you canabout what you learn from the client and the advise that you give the client. This isimportant for two reasons:

First, it will help HALSA make sure all of the clients needs are met. Each of the legalquestionnaires is reviewed to make sure that all of the problems that you identifj~ are takencare of. .'

Second, the legal checkup information helps HALSA plan its services. The legal checkupis a great tool for measuring clients' needs. Unlike relying on our intake numbers, it givesus a more complete picture of the needs that clients actually have, rather than the needs theyknow to call and ask about. For this reason, it's important to write everything down and totry to hit every section of the Client Questionnaire.

Here's some tips on how to fill out each of the Legal Checkup documents. This chapterincludes copies of correctly filled out documents that you can use as a guide.

.'

Page 19: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Client Questionnaire

Intake Questions

Be sure you ask: the client all of these questions and tofiil out all of the answers. Thisinformation is important for contacting the client. It also is required by our funders.

FI.I'St Question .:-

Write down all of the questions that the client comes up with on their own. This gives usan idea of what issues clients can spot before they have a legal checkup. We use theinformation to know what issues to emphasize during the legal checkup - those issues thatclients don't recognize on their own.

l.egallssue Sections

Be as thorough as possible here. Be sure to mark all of the "yes" and "no" boxes. Thislets us know that you asked the client that question. Try not to just draw a line through asection or to leave it blank. We learn just as much from the "no" answers as the "yes."

There's a lot of things typed out on the questionnaire so tha.t you can spend your timetalking and listening, and not writing. However, if a client has an issue be sure to writedown all of the relevant information.

Write down what you advised the client. We may have additional information for the clientand it helps us keep track of how clients are helped during the legal checkup.

Checkup Topics Covered

This is located on the last page of the questionnaire. Check off all of the sections that youcovered. You should try to hit all of the topics, but Family law issues and Immigrationissues may not be relevant for that client. This lets us know if we should cover the skippedissues when we contact the client at their one-month and three-month follow-ups.

"

.-

.'

Page 20: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Legal Checkup Summary

This is located on the first page of the Client Questionnaire. Fill this out at the end of the.legal checkup, after the client has left.

Use the space to summarize only things that are not on the client Action Plan. We're notasking you to write down anything twice. The summary should only contain issues thatdon't require further action. So do the Action Plan fJrSt. See below. Then go throughthe Client Questionnaire and write down issues that don't require further actiOI>·in th~.

summary. There is a section for two types of issues. These categories should covereverything else that came up during the legal checkup that's not on the Action Plan.

HAlSA Referrals

Write down information here to make a referral to a HAlSA attorney. Remember, you arewriting enough information to help an attorney call the client and discuss the client's issue.Your notes should be. a well organized summary of the client's issue containing all relevantinformation that you have gathered.

You should write 3-5 sentences for each referral. Your notes should be detailed enough sothat the attorney does not have to go back to the Client Questionnaire to get moreinformation. You can use more space by crossing out the next number and continuing yoursummary.

Advice and Counseling.

Write down a short summary (one sentence or phrase) of questions that the client asked andthe advice that you gave. This section is for simple questions that would never haveresulted in further legal services.

Moot Issues

In this section write down legal issues that would have required further legal services, butfor which no services have been recommended. Here you'll have issues where:

• the client doesn't wish to proceed,• the client has already resolved the issue,• the statute of limitations has run,• the issue occurred a long time ago and can't be resolvc;d now, or• some other barrier exists to pursuing the matter

."

.'

Page 21: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

--.:

-Action Plan

.The Action Plan Jets the client know what he or she nee$ to do to take care of the issues .that you have identified. It;l1so provides HAlSA with a summary of what we need to doto help the client.

Someone on the HAlsA staff or anothervoJunreer will go over the Action Plan with theclient one and three months after the legal checkup. The goal is to have all of the issues

-idenrified on-the Acrion Plan corrected by three-months after the client'slegal"checkup.

The best way to learn how to fill out the Action Plan is to look at the model provided.Here are some other tips.

To do boxes v. Completed holies

Check the To Do box if the client needs to do that acrion. This lets the client know its anissue tnat he or she needs to address. Only check the Completed box if lhe chent hasalready done that action. The client will check off the rest of the completed boxes when heor she does the action.

The following paragraphs explain each secrion of the Action Plan:

Complete an my Legal Checkup

When you're done, every client will have completed their Legal Checkup. So, check boththe To Do and Completed boxes on every client's Action Plan. The client has alreadytaken an important step in addressing their legal needs.

Submit Proof of Diagnosis

If the client did not bring proof of their HIV-status to the legal check'Up, they will need tosubmit such proof to HAlSA before receiving any further services. Be sure to go over thisrequirement with each client who does not bring proof of their diagnosis. Ifthe client doesbring proof of their diagnosis, attach it to their action plan and client quesrionnaire.

Get my estate planning documents drafted.

Check the To Do box if you gave the client a WlSH. Check off the documents that theclient wants. This reminds the client what sections of the WlSH they need to fill out:Check the Completed box only if the client has already filled out a WlSH and gives it toyou during the legal checkup. You do not need to put any further information about theWlSH in the I need to talk to a HALSA attorney section. (See below.)

...::":"

Page 22: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Take care of my problems with debts.

Mark this To Do box if you gave the client a DISH. Mark the Completed box only if the. client gives you a completed DISH during the legal chec~p. You do not need to put any .funher infonnation about the DISH in the 1need to talk to a BALSA aJtorney section. (Seebelow).

Other Agency referrals.

Check this To Do box if you have given theclientanynon-HALSA legal.referials. -Thenwrite a briefdescription of the issue, the referral, and the referral's phone number in theappropriate box. When you review the Action Plan, you'U need to teU the client to callthese agencies to follow up on the issues you've put down.

I need to talk to a HALSA attorney•.,

In this section, put aU referrals for future services by HALSA staff. You should check eachbox next to the topic where a HALSA referral is needed. There are some extra lines incase you want to make more dellliled notes.

Non-HAlSA referrals have their own section so do not include them here. Also, do notwrite more information about the WISH or DISH here. There are sections for tl:ose serviceson the Action Plan. There's also separate sections for questions that should be referred tothe Benefits Department or to Residential Services. Here's a guide: .

Do Put

Special non-DISH Debtor/Creditor IssuesHousing Legal Issues

·Eviction Defense·RepairslHabitability·Security Deposit·Privacy

Benefits appeals to the All

Tax IssuesSpecial non-WISH testamentary issuesAll Immigration issuesEmployment legal issuesDiscriminationConfidentialityPermanency Planning

_-:.-

Don't put the issues

DISHResidential Services Issues

• HOPWAlSection 8*Locating housing lroomates

All other benefits questionsAll insurance issues.-

WISH! Testamentary Documents

Employment benefits issues.'

All other family law issuesNon-HAlSA referrals (see below)Non-legal referrals (see below)

Page 23: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Insurance and Benefits Issues

If the client has any insurance or benefits issues, check the appropriate box. Write a briefdescription of the issue. You will be telling the client to call the Benefits Depanment or hisor her case manager to follow up on these issues.

can APLA Residential Services.

Check this To Do box if the client needs help with applying for HOPWA or Section 8 orneeds help finding shelter, an apartment, or a roommate. Write a brief description·of theclient's need. You will be telling the client to call Residential Services to follow up ontheses issues.

Other Things to Do.

These spaces are for anything else that the client needs to do. They can be non-legalreferrals or steps the client needs to take for other services, such as getting a copy of a birthcertificate, acredit report, or medical records.

.'

Page 24: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

1IIV LEGAL CHECKUP

Date: ~ /:,1 9 li'. r IInterviewer: .£ ru 4 .sea ("{ Site: A p'-A:.-

. .

Identify goals ofLegal Checkup: l. Identify and add=s any cum:nt legal problems.

2. Infonnation on how to prevent futurl: legal problems.

3. Infonnation about the free legal services available in LA County.

Cli~nt 10:

ON. Am.

o Transgender

-5"Gtino 0 AsIP.I.OBio Undocumented 0, _

~ngle

o Female

OAf-Am.

o Slraight

J<il{:PRo Partner

o En. p.

ldU.£$"~e

OW

~ayo CiLo Married

Primary Language:

DOB:

Gender:

Elboicity:

Sexual Orientalion:

Citizenship:

Relationship:

Name: ~~ 't::= .Address: i~iik:6;e~Xft1;£L-Daytime pbooe #rJwJU...- 9'1&( When is the best time to call? domit$) afternoon

Is it OK to leave message from "BALSA"? 0 Yes 0 No

Are you regislered witb an AIDS Service Organization?: 0 Yes 0 No

• (§fj;) ASC MAP· Other. ". • Case Manager's Name:

Did you bring proof of your HIV-diagnosb witb you today?I

Diagnosis: Asymptotic 0 Symptomatic 0 AIDS Cl Negative (End ch<cbp)

Have you been diagnosed as permanently disabled

by social security or a private disability plao? 0 Yes ,.la:1/0When did yo~ learn thaI you have HIV ? LL::..J ~f' (date)

Do you know how you gOI SIV; Ihrough sex, sharing needles?

~MaJe-rnaJesexual contact 0 S. Blood transfusion

o 2. Heterose.~ 0 6. Hemophilia .'

03. IV drug use only 07. UndelenninedlRefused 10 Answer

o 4. Male bomolbisexual contact &. IYOU

Have youevcr contac.ted: Wnre out 'he l}'P" ofeontaCf and reason. (Er: called inlaU lin" wllh Insurtl"ee tpAUflDn.)HIVlegalserviees o Yes ~No For _

Other Legal Services 0 Yes ~o For

How did you hear ahout HLCP? KAPLA Intake Line - WISH DISHOBrochure 0 Outreach Clinic....,;_,-- _OPresentation 0 Case Manager Referral _OOther:

.::'"."

Page 25: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

fniti.1I Ba.sic Needs and Concerns Assessment

Do you bave 1liiy legal Luues or problems you want to talk about!

Show client list o/Iegal Q/'eos. Please write down allo/the client's initial questions.

Address these questions and the sections that theyfall into jirst.

(ttr..i .....u.o-s.J.. ,-+:c.I' r.".R, ,,'" - ••c.. Jr-e..AM., ... : '""l .;, l.dwll.~

~ "(J ~ oJ "0 (/ .""....

LEGAL CHECKUP SUi\lIUARY

1. BALSA Referrals. All referrals to BALSA attorneys should be listed here. Please write

detailed notes of all informaitoo relevant to the referl'al.

)0/ ient given DISH. X Client given WISH.~...t::. ,..,

Brieny list all of the speel Ie questions for whieb you provided

3. Moot Issues. List all issues that would han been referrals eseept the e1ient does not wish to

proceed, the statute of limitations has run, or there is some other barrier to pursuing the matter:

Ex: Client has been evicted in the past, but it was three years ago.

#'1\ i'

.., .

Page 26: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Sectioo Objective! I.2.

Ifcliellt is 011 benefits: I.2.

If 1I0t on benefits: I.

2.

BENEFITSGeneral assessment ofbcnefits client is on.Selecting a benefits counsclor (do at legal checkup)Assessment ifclient has any'current benefits problems.Referrals 10 a benefits counselor or HALSA, ifnccdcd.Answer any questions about benefits that the client has.• Explain what it means to be Mdisablcd" for 501. SSDI. and 55!.Referrals 10 a benefits counselor or HALSA, ifneeded.• Explain MBenefits RcviewMService ofAPLA Benefits Department.

".,....~"~,it>'

(Hllp 'he cU",'/i,.,.. WJ col.)

~bilily'IO-PaYPlan (ATP)a Health Insurancc Premium Paymcnl(HlPP)a Other? _

1. Wbat is your montbly income before tUe!! s-.l3Dc00:z. Wbat is tbe source of your income:

a Job - -'- _

)ldlenefits a SSDI a SSI aSDI ;e,:Generai Relief (OR)a AFDcrrANFyood Stamps a Veteran's Benefits (VA)a Other? _

a Private Disability Insurance _

a Friend. Partner. Family _a Otber: -:- _

3. How do you pay for your mcdical costs!a Medicare a MedicaidlMedi-eaJa AIDS Drug Assistancc Program (ADAP)a Private Insurance

4. Do you bave someone to ask for ad>ice about benefits! a Y ~ftf, ••,~. ~.. elits counselorfor the client:

/lU'LA Benefits Departmeiil")or Client's Case Manager•......

S. Do you need help applying for any benefits programs! )Ef"aN

6. Are you baving any problems with your benefits! )!iI:! aNa Did you have an application for a program unfairly denied?a Have you been charged with an overpayment? ofS frorn _a Have any ofyour benefits been terminated unfairly? .o Arc you h.,>ing any problclns with your reprcsentative payee?o Do you need any infonn:Jlion on sJlenti tlown 10 bc eligible for benefits?a Do you have any infonnacion abouc keeping benefits anti staMing w~~k?

Description of Problem: (include dates ofany application. denials. and appeals; reasons for any denials;and the medical basis for the client's disability.)

~ i +"" - (I rt E>~"'"

Page 27: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

.'

IInu,in!! and LandlnnlITenan'. Section

Objectives: 1. A!sess cUnent bousing problems.2. Educate clieat about BALSA servjces.3. BOPWAlSection 8 assessment.4. Rel"ernl to BALSA! APLA Resideatial Services if necwary.

Use /hut: qU~SliOllS /0 asus:t prob/~ms ond ap/oin HALSA s~",ic~s. IL Wbere do you live? Cl House ¥ partrnent Cl Other2. Wbat iJ your monthly real? ~o - £';'s'barc of rent? S 4'-:1~$;;:-::----3. Do you have roommates? NCl 1fYe.'I, how many? ;EO ....4. Are you on: Section 8 or Cl HOPWA?

~NClS. Are you behind in your reat or having trouble pa)'ing your rent?Back rent that you believe is due: S --:-:--_-:-Have)'llu worked out a payment arrangement with your landlord?

Adv \ C, ce yo\- o.!:."..-+ I+o~'~'/>:..::::.'V~t. ~....lC+~-":' ~();..;w:::..:...t'T""-.JoL.,,-,,:,l-::..- __?: :=# q- U: : B , k ~ . C;f~t~sr;"",-,-:Jl......(.>0.....)""-:':-:-­___~~;.,J.L_::l1cNl::kro~ d:: ..... , ~-l-• ....,.. """'":""..:. n -HC!'\

• J' .• - j,c. )" C.b 0 0 Our· c-« tf'..,..

6. Do you know'about HOPWA? YCl ~

ROPWA AssessmentI. Do you live in l.A County?2. Are you on Section 8?3. Do you have AIDS or are you Symptomatic?4. How many people are in your household?5. What is your monthly household income? $1:>0

I person.2 people.3 people.-I people.5 people.

forforforforfor

s&s:o

S1476.00SI708SI92SS2137S2308

6. What is your mOOlhly rent?

A. Line 5 must be under:

B. Line 6 (rent) must be below 75% and 80% of line 5 (monthlv income).

If client seems eligible, e."qllain move-in (S 1200) and shallow grants (3 for $300) to clients, andrefer to Residential Services for further assessment. E:q,lain that client onlY!!l.!!.!..be eligible.

=:

Page 28: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

" Eviction D~f~n.!le

Explain Eviction Process ifclienl has any aJihcsc problems.

7. Have you ~r been se~d with an eviction notice or unlawful detain~r action? YO .N~When wen: you served the notice? _ ..1-...1_(da~)Did you n:ccive the notice 0 in person or 0 in the mall ?Was it a 0 3-day notice or 0 30 day notice?What was the reason for eviction stated on notice?...,......".....".=_= _Do you believe this is the actual reason for the eviction? YO NOIfno, why not?__.,-..,...,.__:---=-:--:--:-__....,..,-.".- -:c:::r"-:-:=__

.Have you cver~ served with an unlawful detainer complaint? YO NOWhatda~wasit served? ..J..J_ (da~)

How was it served?Have you filed an answc--r-or-an-y-m...:o...ti...o-n...in-n:s-spo-nsc-=?:---::Y"'O=-"'N"'O=----------

R~pail'!and Habitabilitv

8. An: you having any of the following problems with your apartm~ .__ Y~ NOo roach"" "r :ats .J;lt security problems ~ no heato no hot wa~ water leaks ;Ilil:: other Sf." e be 10"\1'

bad lumbin electrical robtemsExplain lhaltcnants have a right to havc all oJthcsc problcmsji:ad by their landlord.

Have you notified the landlord or the defect? YO NO; IfY .. 0 orally or 0 in writing?Have you notified the building inspector of the defect? YO NO

Se<:Uritv Deposits

9. An: you having troubl~ g~lting your security deposit back from your landlord? YO Msv""Da~ that you moved out: ..J..J_ Have you requested the security deposit? YO NoHow much docs the Landlord owe you? :--:-....,._Do you owe the tandJord any back n:nt or money for cleaning or n:pairs?

.j..'

If the clienl has any oJthe problems above, reJer him or her to lhe HALSA housing attorney or APIAResidentiul Services.

·-~,--~

;-~

Page 29: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Section Objectives:Debls. Slutlent Luans. anti Taxes

I. Assess cum:nt debtor/cmlitor and bankruptcy problems2. Ifclient has deblS. educate client about the 3 main HALSA Services:

• Negotiate a Payment Plan• Write Wjudgment proofw letterS.• Bankruptcy.

3. Referrals to HALSA or other agency ifnecessary.

....~NO'.

.-

nebtsLAre you bave dim~lty paying 01T any debt!, sucb IU credit card debts?

Credit Card $: _Car Loan $, _

Mortgage '$Store Credit Card $:---------Medical Bills $'--=:-.,.....,...,....----Utilities $ :r () c..' ..1/

2. Do you bave any student loanS Ibal you're ba\ing trouble paying? YO N~

What is the total amount ofdebt that you have? $~Are you currently making paymenlS on these deblS? . YCI NrWhen is the last time you made any paymenlS? se ~/...\ 'I"\",,~q- ~J""d'",--'--­Have you stopped using your credit cards? ----:,..,...--~:___=_--'""':'=~='7"-Have you made any sort ofpayment arrangemenlS with your cmlito~? YO Nj:s7

3. Are any or your credilors barassing you aboul debts you can't pay? Y,9<-N0

Description::f-'""---:-------...,..--_=_-:--"1":'---::---,..-----;--~+.'r:~"*,.:e;:;ii;ti· (\ eJ l2±i ff ,oo-dplc.oc

-/

Ifneeded, give the client a DebtorlCreditor Screening Form (Dl nd explain HALSA Process Ior handling debtor creditor and student loan wues • Client given DISH. .

1. Have you filed your income tues for alilhe years that you needed to? ;it:f"NOFor what y= have you not filed?,~...,..../.(\.:!"':::+:J:.,. ..sw.:<(.,;r!...->f...:::..-.."..--------­Did you earn money besides disabiliry income during those yea~?

O"S"chise Tu Board money that you C:ln't pay?, .' NO

w· ~ '", l"l (.., _.:::. ......~ r.' "'Z

.'

Ifnecded. refer the client to HAL..'iA 's Tax Accountant .

Page 30: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Cl EmploymentCl EmploymentCl Employment .

INSURANCESectiooObjectives

I. Assess cunent illSlltance policics ofclient2. E.'qllain services ofBenefits Dcpanmcnt and HALSA.3. Referrals to Benefits Dcpanment anil/or~A ifneeded.

1. Do you bave a bcaltb.lifc, or disability illSUran~IiCY?

Hcaitb Insumnce policy 0 Cl IndividualLife Insumnce policy 0 Cl Individual

. . .DisabilityJ=policy ¥o Cl Individualo.•'<P

IF NO TO ALL THREE, SKIP INSURANCE SECTION

Have you bad any problems witb your insurance policy (ics)? ClY ClN

Check any oJtheJollowing questions that the client might haveand refer client to Benefits Deportment.

Health InsuranceClAre j= woni~': ..~out using your health insurance policy?ClDo you have any problems understanding your bills?ClRave you had a claim denied for any reason?

(pre~xisting condition, material misrepresentation, mv capitation. etc.)Clls your insurance company refusing pay for certain treatments?C1Rave you had any delays in the payment ofyour claims?

Life InsuranceC1Would you like more information about getting life insurance?ClDo you need information about selling your life insurance?

Disahility InsuranceC1Rave you had a claim denied because of a pre-esisting condition?C1Rave you had a claim denied because your insurer thinks you're no longer disabled?C1Do you need some advice about going back to work when on disability insurance?

Description: :

Page 31: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Section ObjectiveEMPLOYMENT

1. Discuss relevant work related issue! with the client1. Explain BALSA service! and give referrals as needed.

U client is not working;1. Are you currently working?1. Are you plannln on looking for a job in the next 3 months?

Ni • ~.

jJrf ONOY ON

, ..':I rIt Yes, discuss the following in detail with relation to the application proc:e!S: ....UNo, ~;p.e following briefly only if client indicates work in near future, and tell client tocall HALS~h~n they start the benefits process.

3.10nfidentiality .

ts· 'mination I Reasonable Accommodation• Retaining Benefits (ifclient is currently on benefits)• Health Insurance Coverage (cli.~nts eligibility for health insurance through work)

If client Is working, do thev have any of the following concerns:

3. Are you baving any problems at work! OY ON

[J Should 1 tell my employer that I'm HlV-positive!• Discourage client from telling unless discrimination or close relationship

01 want to cbange jobs, wbat should I be concerned about!• Continued Health Insurance Coverage• Application issues - Confidentiality and Discrimination

[J My bealth is starting to interfere with my job. What can I do!• Reasonable Accommodalions

[J I'm not feeling well and want time off, but I want to come back to work.• Reasonable Accommodation

• FMLA• 501• Benefits Review

o I'm too sick 10 work anymore. What should I be concerned about!• Maintaining Benefits. including COBRA and OBRA• Benefits Review and applying for disability benefits• Alternatives: Reasonable Accommodalion. FMLA, SOl

',,+0{' Q i·V

Page 32: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

-~~

:5':.

Conlidcllli:11i1\"

Briefly review the following using the Clieni Education Materials.

I. The meaning ofyour right to confidentiality.• Your right not to tell others...• Your righllO SlOp someone from telling othct people.• Your righl ootlO be tested without your consent

2. When to call HALSA for advice and HALSA referrals.

SectionObjectives

I Use the following questions to discuss confidentiality Issues.

1•. Eavc you told many people about your EIV status! VbV' ..fed gi'2. Eavcyou ever told lUI employer tbat you're EIV-positive! [J Y .3. Eas anyone told someone you're positive witbout your permission! [J Y IP'N./4. Eas anyone given you an EIV test witbout your permission! . [J Y !lI1l

DiscriminationSectionObjectives

BriejlY rwlew the fo"OWing using the Client Education Materials.

1. Overview oflega! prolections from discrimination.• Law COVC!S people from HlY-asymplomatic 10 AIDS.• Employment Public Accommodations. Health Care. Housing

2. E.'qllain righllo Reasonable Accommodalion..' 3.· E.'qllain HALSA services and give HALSA referrals ifnecd~

1. Eave you been discriminated against based on your HIV-status?[J Y~a Employmenl aHousing a Public Accommodations a Health CareDate oflncident(s):..,..,.-..,.-_-:-_---,,..-_,..-_..,.--:::::-::---:-..,.--::-Did the person discriminating against you know lhal you're HIY-positive? [J Y [J ij...

2. Do you need to ask for reasonable accommodation at work! [J YErN.........3. Eave you asked for reasonable accommodation and been refuscd! [J Y!Id"'I<fDescription: (For cmplO)'1Qllt di,JcnmI1UJllon. Indtldc .mplo)'V nam1f. cddrus. ,",mbe,. o/cmpJoyca. '.ttgrn ofcmplo.}-mcnt.

wIr"hu thin 'Ion .mploymc"tCMtrdCt. ond whethu clicnl bdDttgllO Q utIJon.) .

TenninationsIfclient has been lermlnated and does nat wnnt lheirjob back, give lhe client a WrongfulTerminalion Infomrotion Sheet poekttlo jill OUI. [J Client gh'en WTISH.·

.'

Page 33: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Will. and Pmurll ofAltomr...SectionObjectlvrs ucatian Materia

1. Ocscn1lc each docwnent and explain its purpose:" Power ofAttorney for Health Care

-" Powcr of Attorney for Finances" Hospital VISitation Fonn" Living Will

2. Determine which documents the client would like to prepare.3. Assess whether the client needs a Last Will and TcstamenL4. Give client the WISH packet and discuss process for c.=ting the documents,

Use the following questions to discuss the testamentary documents.

1. Would you like L-

Power ofAttorney for Health Care?Power ofAttorney for Finances?Hospital Visitation AIJlhorization?Living Will?

~.NO~ NOy1j. NO~NO

Use these questions to assess whether the client needs a will.

2. Do you have a Will?Y . N·

o ~

~ t~ ~

YO N'« Ifno. ask the following to discuss whether client needs a will:

Arc you in a committed relationship. but not married?Do you have minor children? IfV c.'Cplain guardianship instructions.Do you own real estate?Do you have specific wishes about your funeral or burial?00 you have possessions that you wish 10 go to a c:cnain person or charity?

"E.'CJllain what will happens with client's estate under CA intestacy laws,

3. Would you like to make a Will? ~NO

Ifneeded. Discuss Will Information Sheet with Client (WISH). Client given WISH.

Children and Farnil.. 1"""1$

~-.. '"

IfNo, skip section.

G. • ,r); ....

p., 'p,;~r.I

GI.'i\.r

Section Objectivrs 1. Discuss pennanency planning issues willi clienlS who bave custody of minors.2. Discuss HALSA services and make referrals. if needed.

1. Do you bave any children under the age or 18? Y~NOWould you like information about:

Cl Joint GlIllrdianships.Cl Designating a guardl'an in your will.Ia< Other ',5 c.e. !:::Ie (J -v'

List ll:lme and age oreach child:C*'. h..... \I

Page 34: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

Immi!!ra.inn b~u(~

Gd thefollowing info,motiolf ifthe climt Ifeeds a HALSA immig,otiolf referral:

Country ofBin.h:_M e:s- ;(.0 Datc of cntry into thc United Statcs:.-:-.:.l_"'."d'i.;."=--,..-__Current Immigration Status: k e l\,. 00 you havc a visa? ?~ C I·r Oi\Have you evcr been convicted ofa crime? IV t?00 you haVe any family members who are-c-:i-:tjz-c-ns-'"o~r :-'le"'gaI-:-"pe-rma-n-c-nt-n:s-=id":"e-n":"ts"';:?------

(\CJ r-..£,Have you submitted any applications to the INS? __.J{\,~O~ _Are you wotldng with anothcr lawycr? ""'Dt.J,.;c...''-- _

Other Lel!ull"ueo- Non.IIALSA Hererr:,'o

Cl Other _

SeetionObjectives: I. Assess any additional legal issues ofclient

2. Makc appropriatc Non·HALSA referrals using referral shcct

1. Do you have any olher legal issues or prob'lems )'ou wani 10 talk about? Cl Y~Cl Child Suppan modifications Cl . Divorce .Cl Criminal law issues Cl Domestic Violence IssuesCl Custody disputcslchild \isitation disputes Cl Personal Injul)'ClMedical Malpractice

Cl Traflic or Parking Ticket IssuesCl Name Changes • I

Description: IV CI-"v{,'

Benefitsousing and LandiordlTenant

'Ei.Debtor/Creditor

Insurance~mployment

E:l..Confidentialir,.'

~~.~ ."'C;tDiscrimination'bJ.J"cstamentary Documents

's:t.. Cl NA Immigrant's Rightss... ClNA Family/ Children

Page 35: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

."

....

Page 36: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

-'~1•- ,,;

~ -mv LEGAL CHECKUP I"~_A_CT_IO_N_P_L_AN __

To Do Completed

Ny

CompletedTo Do

Name:Date:Phone II:OK Ia leave message:

)('Complete an HIV Legal Checkup. ~

Cl Submit Proof of Diagao.sis Ia BALSA.

Cl Get my estate planning documents drafted.Fill out the will packet and mail or return it to HAI..SA.HAI..SA will conlaCl you when it getsyourpackcL

Cl Iasurancc and Benefits Issues.can the APLA Bendlls Department at (323)993·1472 for assistance.

1~;U:~Jj U{rfgA S~'"'rS"2. _

'it wm Cl Gu:udianship.:::Living Wiii )('fjpspital VISitationa11nancial P. of An.l:tReatth Care P. ofAlt.

Cl Take care of my problems with debts.Fill out the debt packet and mail or return it toHAI..SA: HAI..SA will contact you when it gets yourpackcL

Cl Call APLA Residential Servtces at(323) 993-1300.

p(Ask about applying for HOPWA.. (323) 993·1698. .

1._-------------Cl Other Agcncy referrals.

Here's where to call for more help on these issues:I. Issue: C n::.~;!r Ct>..JJ\!i. t!-I;~ ......

o

2. ...,- _

3. _

2. _

Cl Other Things to Do:1., _

Debtor/CreditorHousingBenefitsInsuranceTaxEstate PlanningImmigration •DiscriminationConfidentialityPermanency PlanningEmployment

CICICICICICICICICICICI

~;~~;~:{t,j;f ,'we ./\1£1~ I need to talk to a BALSA Attorney.

A HAI..SA attorney will be calling you "'ithin Ihe ne-xlweek to address the issues that arc checked. IT youdon't hear from an altorney within a week. callHAI..SA al (323) 993·16-10.

::

IHALSA INTAKE LINE (323) 993 -1640 I=

Page 37: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

"

_If you have a legal question; "

-CALL HALSA at (323) 993-164~.

BALSA provides answers to questions and FREE legal services in\.the areas of:

.'::

• Immigration• Taxes• Banlauptcy• Debtor/Crt:ditor• Evictions• Repairs to Your Apartment• Benefits (SSD1, SS1, GR, etc~)

• Health Insurance• Employment.....:• HIV & AIDS Discrimination.• Access to Health Care• HIV Testing• Confidentiality• Reasonable Accom1J1odation• Wills• Guardianships• Power ofAttorney

. . . CALL HALSA (323) 993: ~I640

.-

,•

Page 38: Excerpt from the · lawyer-initiatedphone calls. HLCP does aggressive outreach to deliver legal checkups to clients who under utilize HIV-LegalServices. Outreach is conducted by:

....,.."

323-993·1472626-441-8495

MEDICAL MALPRACTICE: (also see Penonallnjurv\State ofCaJifMed Complaints: 800-633·2322

Fees maY aDDI".HATE CRIMES: : GLC: Anti·Violence Project: 800·373·2227

HALSA RESOURCE LIST- listings a,e supplit!d as a coul'1uJI.BENEFITS DEPT

APLA:ASC~'

HILD SUPPORT: (also see Family Law)Plaintiff: Initiating & Enforcing Claims:

BurealrofFam Support Op (D.A.) 8Q0.615-8858Defendant: being sued by custodial parent:

Levitt & Quinn 213-482·18oox409Vincent Legal Center: 213-489·5983Center for Law & Justice: .323·266·2690

IMMIGRATION: (Non·HIV):LACBA, lmmig Legal AsS! Proj:

MEDIATION:Disability Mediation Center:DiSpute Resolution Servi=:

213-485·1872

213·736-8104213·896-6533

CONSUMER AFFAIRS:Consumer Complaints wi public or private entities:

Dept ofConsumer Affairs: 213·974-1452

CONSERVA TORSHIPS:Bet Tzcdek Legal ServicesLevitt & Quinn

323-939-0506213-482·1800x409

MOVING VIOLATIONS:

NAME CHANGE:Bet TzedekGLC

PARTNER NOTIFICATION:

See Criminal Law..._ ..

323·939-0506323-993-7670 x774

323-890·7807

CREDIT COUNSEI.INGIDEBT CONSOLIDATION:Consumer Credit Counseling Servo 800·388·2227

PERSONAL INJURY.' (also see Referral Services>Assistance&Guidance Internt. Serv 323·264·2751

PRISONERS WI HIV: (other than not receiving medicatior':' .ACLU Inmate Line: 213·977·9543

CRIMINAL LAW ('VII,ranls. lewd conduct. parole violationlLegal Clinic (Clinica Legal): .323·727-2828USC Law Center: Post Conviction: '213·740.2586GLC : 323-993·7670Public Defenders Office 213-974·2811

'/iPENDENCY COURT.'Dept of Child & Family ServiS'es: 323-526-6645

(parems Attorney in DCFS) 323·526-6646

POLlCEABUSE/ MISCONDUCT:GLC: Anti-Yiolence Project:Police Watch Hotline:Complaint by Phone:

Against Sheriff:Against LAPD:

323· 9.93·7673213·387·3325

800-698·8255800·339-6868

909·884-8615800-600·2637805-643-0446800·367·2437

DOMESTIC VIOLENCE: also see TRO.Domestic Violence Project: 213-624·3665

EMPLOYMENT: (also nfir, (a Mediationl (NON·HIY)Labor Defense@LAFLA 323·801·7989Legal Aid Foundation: . . 213-487·3320Enforcing Fed La~v re: wage, overtime, child labor

U.S. Dept ofLabor: 213-894-2685Cal. Dept ofLabor: 213-620-6330

Fair Employment & Housing (DFEH)213-439-6799

EVICTIONS: (also refer (a Mediutionl (NON·H1Y)LACBA. UD Project @ Munic Court

110 N. Grand Ave; $85; same day; not Thurs.Eviction Defense Center: 213487·7609L.A. Housing Project: 213481-0134Health Dept. L.A. County 323-8714353Harriett Buhai ph inUtkot:30·3pm 213-298·1441

FAMILY LA W: also see "Mediation" for COl1lested DivorceDivorce Uncomested : LA Free Clinic 323-655-2697Divorce Counseling (Long Beach)

SPUNK (Singlo P."",.. Unil<d N' t;ids) 562·984·2580Divorce COl1lestediCUslodyNisitationiChild Support:

Legal Clinic (Clinic:.1 Legal) 323·727·2828Levin & Quinn 213482·1800x409Legal Sen'ices San Gabriel Valley 909.622·1417Harriet Buhai phin"'kot:30·3plll 213·298·1441

SEXUAL ORIENTATION DISCRIMINATION:LAMBDA Legal Defense: 323-937·2728Dept oflndustrial Relations: Labor Standards:

213·897·1511TEMP RESTRAINING ORDERS:

LACBA's Dom.Viol Project: 213-624·3665 .Levitt & Quinn: 213-482·18oox409Legal Clinic (Clinica Legal): 323·727·2828

TAX INFORM LINE (fRS): 1-800·829·1040WORKER'S COMPENSATION: (also see Referral Serv)

Assislance&Guidance Int~rnt. Serv 323·264-2751

~1fEEEKRAl1~SEkv.rG£$t*teM~iWt#Tl!:Mm~?,f{gi~~tt_3.%W:~

LACBA Law)'cr Referl"~1 Line: 213·243·1525Gay & Lesbian Center (GLC): 323·993-7670Legal Grind (Santa Monica): 310-452-8160Orange County: 714-440-6700San Fernando: 818·340-4529l~n\l1HER1iiElGAUSEmttbEm~Mith.JMljJ

LONG BEACH: LegalAid 562-435·3501ORANGE COUNTY: AIDS Serv Fndtn: 714·253·1500

Public Law Center: 714·541·1010SAN BERNARDINO:

Inland Count)' Legal ServicesSAN DIEGO HotlineVENTURA: AIDS Care,CalifiJrnill HIV & AIDS Hotline