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Texas Access to Justice Foundation

Changes in Closing &

Legal Problem Codes

& New Outcomes

December 10, 2007

This webinar

training will be as

easy as sitting

in your favorite chair

and watching your

favorite movie   

   

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

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

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The changes we will cover will impact a number of areas in your program where collecting, reporting

and managing client data is crucial

What reports for TAJF will be affected?

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Name of Grantee:

Important: See Key Definitions regarding Closed Cases.** Report cases closed through mediation as "Other".

a. b. c. d. e. f. g. h. i. j. k.COUNSEL

and

ADVICE

BRIEF SERVICE

(other than COUNSEL

and ADVICE)

REFERRED AFTER LEGAL

ASSESSMENT

INSUFFICIENT MERIT TO

PROCEED

CLIENT WITHDREW

OR DID NOT RETURN

NEGOTIATED SETTLEMENT

WITHOUT LITIGATION

NEGOTIATED SETTLEMENT

WITH LITIGATION

ADMIN. AGENCY

DECISION

COURT DECISION

CHANGE IN ELIGIBILITY

STATUS

OTHER

**

Bankruptcy/Debtor Relief 01 0

Collect ion02 0

Contracts /Warrant ies 03 0

Credit Access 04 0

Energy (Other than Public Utilities) 05 0

Loans/Installment Purchase06 0

Public Utilities 07 0

Unfair Sales Practice 08 0

Other Consumer/Finance 09 0

0 0 0 0 0 0 0 0 0 0 0 0

TOTAL EDUCATION 10 0

Job Discrimination 11 0

Wage Claims 12 0

Other Employment(including CETA)

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0 0 0 0 0 0 0 0 0 0 0 0

Adoption 14 0

Custody/Visitation 15 0

Divorce/Separation/Annulment 16 0

Guardianship/Conservatorship 17 0

Name Change 18 0

Parental Rights Termination 19 0

Paternity 20 0

Spouse Abuse 21 0

Support 22 0

Other Family 23 0

0 0 0 0 0 0 0 0 0 0 0 0

Delinquent 24 0

Neglected/Abused 25 0

Other Juvenile 26 0

0 0 0 0 0 0 0 0 0 0 0 0

EMPLOYMENT

Annual Closed Case Summary ReportCompleted for the 2006 calendar year(January 1, 2006 - December 31, 2006)

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TOTAL JUVENILE

JUVENILE

TOTAL

MAJOR REASON CASE CLOSED

LEGAL PROBLEM Code

CONSUMER/FINANCE

EDUCATION

TOTAL CONSUMER/FINANCE

TOTAL EMPLOYMENT

FAMILY

TOTAL FAMILY

B. Major Benefits from Direct Legal Representation of Individuals

o Please use this section to report cl ient benefits achieved on all cases closed during the fiscal year.o Please count the ONE most significant outcome achieved for each case as cases can only be counted once in this section.

For further information refer to guidelines provided by TEAJF.

Important: See "Key Definitions" regarding closed cases.

1. Consumer/Finance Contested* Uncontested*

101 Obtained federal bankruptcy protection

201 Stopped or reduced debt collection activity

202 Averted repossession

203 Avoided or reduced deficiency judgments204 Avoided, ended or reduced garnishment or levy

301 Overcame unfair or illegal sales contracts or fraudulent sales practices302 Enforced sales contracts and/or warranties

303 Obtained life insurance benefits for spouse or beneficiary of deceased person401 Obtained or preserved credit or resolved credit reporting errors

701 Avoided or delayed utility termination, or secured utility services702 Obtained waiver or reduction of utility arrearage (including phone)991 Obtained advice & counsel on a Consumer/Finance matter

992 Obtained non-litigation advocacy services on a Consumer/Finance matter993 Obtained adverse decision in a Consumer/Finance matter999 Obtained other benefit on a Consumer/Finance matter, none of the above

Total Consumer 0 0 02. Education

1101 Avoided or delayed suspension or expulsion1102 Overcame barrier to enrol lment in school

o The total number of cases reported in this section should equal the number of cases your program closed during the

* Note: "Contested"/"Uncontested""Contested" – Include all cases which were filed while they were active cases of your program.

"Uncontested" – Include all other cases – e.g., case that involved no l itigation or in which any hearings that were held were uncontested.

# of Cases Closed # of Persons Affected

reporting period.

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Deadlines for Changes

Any case closed in 2007 is governed by the current Case Service Reporting Instructions.

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

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Deadlines for Changes

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

All cases opened January 1, 2008 and thereafter must follow the requirements of the 2008 Case Service Reporting requirements.

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Deadlines for Changes

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

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Closing code changes

The following closing codes will be discontinued after January 1, 2008:

C – Referred After Legal AssessmentD – Insufficient Merit to Proceed E – Client Withdrew, and J – Change in Eligibility Status

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What is a case

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

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Closing code changes- Did we mention?

As we stated, the following closing codes will be discontinued after January 1, 2008:

C – Referred After Legal AssessmentD – Insufficient Merit to Proceed E – Client Withdrew, and J – Change in Eligibility Status

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Closing code changes

A. Counsel and Advice: B. Limited Action: RENAMED F. Negotiated Settlement without Litigation: G. Negotiated Settlement with Litigation: H. Administrative Agency Decision: I. Court Decision: REVISED & AMENDED

(a) Uncontested Court Decisions (b) Contested Court Decisions (c) Appeals:

K. Other: L. Extensive Service (not resulting in Settlement or Court

or Administrative Action): NEW

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DEFINITIONS

Closure Category A – Counsel and Advice A case closed in which the program provided

legal advice to an eligible client. (e.g., the advocate ascertained and reviewed relevant facts, exercised judgment in interpreting the particular facts presented by the client and in applying the relevant law to the facts presented, and counseled the client concerning his or her legal problem)

DEFINITIONS Closure Category B – Limited Action A case closed in which the program took

limited action(s) on behalf of an eligible client that addressed the client’s legal problem that is not so complex or extended as to meet the requirements for Closing code Category L.

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DEFINITIONS Closure Category F – Negotiated

Settlement Without Litigation A case closed in which the program

negotiated and reached an actual settlement on behalf of a client without any court or administrative actions pending.

This category should be reserved for cases in which the program conferred with another party so as to reach a resolution of the client’s legal problem.

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DEFINITIONS Closure Category G – Negotiated

Settlement With Litigation A case closed in which the program

negotiated and reached an actual settlement on behalf of a client while a court or formal administrative action was pending. This category should be reserved for cases in which the program conferred with another party so as to reach a resolution of the client’s legal problem.

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DEFINITIONS Closure Category G – Negotiated Settlement With

Litigation (continued)This category includes only: (1) cases in which an appearance has been entered before a court or administrative agency as counsel of record; or (2) cases in which the settlement was reached prior to the program’s entry as counsel of record, provided that the program was actually representing the client.

In the second instance, there should be documentation of the settlement in the case file – preferably a copy of the actual settlement agreement, written confirmation of the settlement with the opposing party, or, if neither of these are available, a copy of a communication to the client outlining the terms of the settlement.

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DEFINITIONS Closure Category H – Administrative

Agency Decision A case closed in which the program

represented a client in an administrative agency action that resulted in a case-dispositive decision by the administrative agency or body, after a hearing or other formal administrative process.

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DEFINITIONS Closure Category I. – Court Decision A case closed in which the program represented a client in a court

proceeding that resulted in a case dispositive decision made by the court. This category is divided into the following three subcategories:

  Uncontested Court Decisions – either there is no adverse party

or the adverse party does not contest the case; Contested Court Decisions – there is an adverse party and

that party contests the case; Appeals to an appellate court taken from a decision of any court

or tribunal. This category does not include appeals or writs taken from administrative agency decisions or lower trial court decisions to a higher level trial court acting as an appellate court, whether they are on the record or de novo proceedings.

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Administrative law & court decisions Only cases in which the program attorney or advocate or

pro bono attorney is entered as counsel of record may be closed as Closure Category H (administrative decision) or I (court decision).

Assistance to pro se litigants cannot be closed in Closure Categories H or I.

You do not include settlements made during the course of litigation approved by the administrative agency or court, voluntary dismissals or the grant of a motion to withdraw as counsel. However, although it may not be technically case dispositive, a case closed after a TRO or similar interim order made on the merits has been entered, may be closed in this category when the litigation is not pursued further.

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DEFINITIONS CSR Closure Category K – Other A closed case that does not fit any of

the other CSR case closure categories.

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

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DEFINITIONS Closure Category L – Extensive Service

(not resulting in Settlement or Court or Administrative Action)

A case closed in which the program undertook extensive research, preparation of complex legal documents, extensive interaction with third parties on behalf of an eligible client, or extensive on-going assistance to clients who are proceeding pro se.

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DEFINITIONSClosure Category L – Extensive Service

(cont) Some examples of extensive service

include the preparation of complex advance directives, wills, contracts, real estate documents or other legal documents, or the provision of extensive transactional work.

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Are you still following along? We are almost done!

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

 

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

2)You enter an appearance before an administrative

tribunal & negotiate a settlement with the agency.

3)Your cases involving multiple levels of assistance

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Testing your knowledge4)You engaged in communications by letter,

telephone or other means to a third party; 5)You prepared of a simple legal document such

as a routine will or power of attorney; 6)You provided legal assistance to a pro se client

that involves assistance with preparation of court or other legal documents.

7)You just helped someone by providing some Pro Se pleadings.

8)You referred someone to a local Alternative Dispute Resolution program.

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Testing your knowledge9) You have agreed to a settlement, negotiated

with an administrative agency prior to the filing of a formal administrative proceeding.

10) You answered some questions at a workshop you attended.

11) Your program’s web site provides information , assistance & legal information.

12) You just settled a case through court ordered mediation.

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Testing your knowledge13) You just entered into a settlement of pending

court or administrative actions and the court or administrative agency issues an order memorializing the settlement.

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

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

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Testing your knowledge16) You just entered into a settlement made during the

course of litigation that was then approved by the administrative agency.

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

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

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Testing your knowledge19) You are about to close your case after

extensive interaction or negotiations with another party which do not result in a negotiated settlement.

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

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Answers You already know them so there is

no need to give them right? Great job!

(but just incase)- next chart

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

2. G. Negotiated Settlement with Litigation

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

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

Litigation:

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Answers

10. Depends- if application taken and accepted; specific facts provided- then

A. Counsel and Advice: if not, no case.11. No Case12. G.Negotiated Settlement with

Litigation:13. G.Negotiated Settlement with

Litigation:

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Answers

14. Maybe B. Limited Action, or F. Negotiated Settlement without

Litigation.15. L. Extensive Service 16. G. Negotiated Settlement with

Litigation17. L. Extensive Service

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Answers 18. Maybe B. Limited Action or

maybe F. Negotiated Settlement without Litigation- depending upon level of service.

19. L. Extensive Service 20. L. Extensive Service

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New Legal Problem Codes New Major Benefits (Outcomes) The list of common types of legal problems experienced

by clients (and self explanatory) and are assigned a numeric Legal Problem Code ranging from one to 99 describing the type of legal problem. Legal Problem Codes are grouped in ten broad Legal Problem Categories. There are 37 new and or revised law problems within the ten broader categories

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

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

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

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New (or revised)Legal Problem Codes INCOME MAINTENANCE 71 – TANF 72 – Social Security (Not SSDI) 78 – State and Local Income Maintenance INDIVIDUAL RIGHTS 85 – Civil Rights 86 – Human Trafficking MISCELLANEOUS 91 – Legal Assistance to Non-Profit Organization or Group

(Including Incorporation/Dissolution) 93 – Licenses (Drivers, Occupational, and Others) 96 – Advance Directives/Powers of Attorney 97 – Municipal Legal Needs

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New Outcome Benefits CONSUMER 205 Stopped or avoided predatory lending practices EDUCATION 1100 Avoided fraudulent student financial aid practices 1101 Avoided corporal punishment or delayed suspension or

expulsion 1106 Avoided barriers to educational services EMPLOYMENT 2201 Obtained wages, back (or equal) pay or overtime due 2301 Obtained assistance in applying for EITC 2401 Obtained taxpayer advocacy assistance with Federal income

taxes 2501 Enforced employee rights under state or federal law 2601 Addressed issues adversely impacting agricultural workers FAMILY 3301 Obtained guardianship (adult) 3302 Prevented guardianship (adult)

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New Outcome Benefits JUVENILE 4301 Obtained emancipation of minor 4401 Obtained protection of rights by representing minor in guardianship or

conservatorship HEALTH 5301 Obtained, preserved or increased Children’s Health Insurance Program

benefits 5401 Obtained, preserved or increased home and/or community based care

benefits 5501 Obtained, preserved or increased private health insurance benefits 5601 Obtained , preserved or increased access to long term health care facilities 5701 Obtained, preserved or increased assistance in filing for Crime Victim's

Compensation HOUSING 6201 Obtained assistance in homeownership 6501 Prevented loss of /or eviction of mobile home 6601 Overcame, or obtained redress for, discrimination in obtaining or keeping

housing 6701 Avoided or delayed foreclosure or other loss of home 6801 Rescinded, modified and/or avoided mortgage because of predatory lending

practices

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New Outcome Benefits INCOME MAINTENANCE 7802 Obtained, preserved or increased assistance in filing

for Crime Victim's Compensation INDIVIDUAL RIGHTS 8601 Prevented and/or obtained relief from, the battery or

cruelty, sexual assault or trafficking, or related crimes, for victims of trafficking or family members

MISCELLANEOUS 9103 Obtained tax exempt status 9104 Obtained judicial relief 9302 Obtained occupational license  

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Questions & Answers

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

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