Volunteer Lawyer Manual

Middle Tennessee Edition

July2014

Table of Contents

  1. Program Overview………………………………………………………………...3
  2. State Attorney Participation……………………………………………………….5
  3. Legal Service Organizations………………………………………………………6
  4. General Legal Help………………………………………………………..6
  5. Arts………………………………………………………………………...8
  6. Consumer and Debt………………………………………………………..9
  7. Disability…………………………………………………………………10
  8. Domestic Violence and/or Immigration………………………………….11
  9. Elder……………………………………………………………………...13
  10. Healthcare………………………………………………………………..15
  11. Housing and Homelessness………………………………………………16
  12. Human Rights……………………………………………………………18
  13. Identity Theft…………………………………………………………….18
  14. Immigration………………………………………………………………19
  15. Pension Rights…………………………………………………………...20
  16. Veterans………………………………………………………………….20
  17. Mediation Centers………………………………………………………………..22
  18. Social Service Resources………………………………………………………...24
  19. Self-Represented Litigants Resources…………………………………………...31
  20. Other Legal Resources…………………………………………………………...34
  21. Frequent Legal Topics and Potential Solutions………………………………….36
  22. Birth Certificates…………………………………………………………36
  23. Child Support and Family Issues………………………………………...37
  24. Conservatorship and Power of Attorney…………………………………39
  25. Criminal Issues and Expungement……………………………………….40
  26. Domestic and Dating Violence…………………………………………..41
  27. Driver’s License Issues…………………………………………………..43
  28. Food Stamps……………………………………………………………..45
  29. Homeless Veterans……………………………………………………….46
  30. Immigration and Asylum………………………………………………...47
  31. Landlord and Tenant Issues……………………………………………...49
  32. Mental Illness and Addiction…………………………………………….50
  33. Mortgage Fraud and Predatory Lending…………………………………51
  34. Social Security Disability Benefits………………………………………52
  35. Subsidized Housing and Home Ownership……………………………...53
  36. Suicide Prevention……………………………………………………….54
  37. Temporary Assistance for Needy Families………………………………55
  38. Unemployment Benefits…………………………………………………56
  39. Wage Garnishment Issues………………………………………………..57
  40. Legal Clinics in Middle Tennessee………………………………………………58

Program Overview

The Problem

More than 35 million Americans live below the poverty level, and another 10 million have incomes that are less than 25% higher than the poverty level. At least 40% of these Americans have a legal problem of some kind each year. About 70% of low-income Tennesseans experience some type of legal problem each year. Approximately one million Tennesseans need legal counsel and cannot afford it. However, with only 75 or so Legal Aid attorneys, most of those low income individuals have limited or no access to legal counsel. They often do not turn to the system for solutions because they feel shut off from the legal system or believe the system will not help them.

Tennessee Access to Justice Commission

The Access to Justice Commission was created by the Supreme Court to develop a strategic plan for improving access to justice in Tennessee that includes education of the public, identification of priorities to meet the need of improved access to justice, and recommendations to the Supreme Court of projects and programs the Commission determines to be necessary and appropriate for enhancing access to justice in Tennessee. The Commission unveiled its first strategic plan in 2010, the second in 2012, and the third in 2014. One aspect of the strategic plan is to incorporate the faith-based communities into the initiatives of the Access to Justice Commission.

The Tennessee Faith and Justice Alliance (TFJA)

The TJFA is a project of the Access to Justice Commission. It is an alliance of faith-based groups in Tennessee who commit to providing legal resources to their congregations and communities. The TFJA was created to align legal needs that surface at local houses of worship with local legal resources. The goal is to deliver legal services to those who often seek assistance in non-legal settings such as a place of worship.

Malpractice Insurance

•You have full malpractice coverage for any work you do through the TFJA.

•Please complete the Malpractice Insurance Form from the Acceptance Packet and send it by email, fax, or mail to Christina Magráns, Pro Bono Coordinator. We need the following information:

–Name and BPR Number of the volunteer attorney

–Type of case the volunteer attorney took

–What actions the volunteer attorney took on the case (also report this to the program’s lead coordinator)

–Number of hours the volunteer attorney spent on the case

TFJA Contact Information

Christina Magráns

Pro Bono Coordinator

(615) 741-2687 x1414

State Attorney Participation

State attorneys should be able to participate in the Faith-Based Initiative as we partner with the legal service provider, TALS, to provide the attorneys with the required malpractice insurance. Depending on the particular agency, state attorneys may have to limit their participation to serving as a resource for legal referrals and basic legal information, rather than taking on full representation. State attorneys should contact the Access to Justice Commission regarding barriers to participation.

•Judicial Branch Attorneys

–The pro bono activities of Judicial Branch attorneys are governed by Tennessee Supreme Court Rule 5 and Tenn. Code Ann. § 16-3-804.

–Although these attorneys are precluded from representing a client in court, the rule and statute makes clear that these attorneys are still able to participate in pro bono legal activities through an organized legal services provider that provides malpractice insurance for that attorney.

•Attorney General’s Office Attorneys

–The pro bono activities of attorneys in the Attorney General’s Office are governed by internal policies as well as Tenn. Code Ann. § 8-6-107.

–Similar to judicial branch attorneys, these attorneys may participate in pro bono activities as long as they do so through an organized legal services provider that provides malpractice insurance for that attorney. In addition, the attorneys in this office also need to seek approval from their supervising attorney to participate.

•Executive Branch Attorneys

–The pro bono activities of attorneys of executive branch agencies are governed by the internal policies of each agency as well as Tenn. Code Ann. § 23-3-102.

The statute makes clear that these attorneys are able to participate in pro bono legal activities through an organized legal services provider that provides malpractice insurance for that attorney, barring any restriction from the particular agency of which they are employed.

Legal Service Organizations

GENERAL LEGAL HELP

Compassionate Counsel

About:Compassionate Counsel is a Christian legal aid ministry that offers free legal advice, guidance, and in select cases, representation to those unable to pay for such services. There is also a monthly clinic held at the Nashville Rescue Mission on the second Saturday from 9:00 am to 12:00 pm. See the Legal Clinic List for more.

Website:

Legal Aid Society of Middle Tennessee and the Cumberlands (LAS)

About: LAS provides numerous beneficial services for people in middle Tennessee.

Requirement for Services:

  • Clients who meet financial guidelines for low-income households are eligible for assistance from LAET.
  • Clients who are 60 years of age or older are eligible for assistance from LAET.

Contact:Call 1-800-238-1443from 8:00 a.m. to 4:30 p.m. or by visiting the website at different offices in middle Tennessee. Please have referrals call before they come in.

Services: Family (involving domestic violence), employment (federal income tax disagreements, wage claims, discrimination, and job training courses), health (TennCare, Medicaid, and Medicare), elder (nursing home issues, living wills, powers of attorney, and some simple wills), housing (section 8 or public housing, evictions, foreclosures, rental issues, unfair loans, homeowner counseling), public benefits (SSI, Families First, food stamps, and unemployment), debt (illegal collection methods and bankruptcy), and legal counsel for nonprofit organizations. The Legal Aid Societies publish informational brochures on legal issues and helping yourself.

Website: website)

(Legal Aid of Middle Tennessee and the Cumberlands – use this for informational brochures only)

(Legal Aid of East Tennessee informational brochures)

Legal Information for Tennesseans (LIFT)

About:LIFT is an online resource which can be used to search for legal information, legal forms, and attorneys in Tennessee. Additionally, the program allows Tennesseans to search library databases for legal documents and to speak with local librarians about accessing legal information in local libraries.

Contact:Contact the program at contact-us.

Website:

Nashville Lawyer Referral Service

About:If a client thinks he or she may have a legal issue or need an attorney, the client may call and get referrals to appropriate resources. Note that there may be a small fee involved depending on the type of legal issue.

Contact:(615) 242-6546

Website:

Nashville Pro Bono Program

About:If you have a case that you cannot handle or cannot refer to another member within the Alliance to handle, you may contact the Nashville Pro Bono Program. It is a local program that coordinates the provision of free legal representation to low-income clients.

Contact:(615) 244-6610

Website:

Southeast Legal Services

About:This resource provides access to forms that a person without an attorney can use in court. Accessible documents and information covers the areas ofgeneral court information, divorce, estate, landlord-tenant, housing, and guardianship issues.

Website:

Tennessee Alliance for Legal Services (TALS)

About: TALS is an alliance of the federally-funded legal aid programs, independent providers of civil legal services, and supporting agencies in Tennessee.

Services:

  • Online TN Justice

People in need of legal services may access this resource at The system screens clients for eligibility and, if qualified, allows them to post a question to a private messaging system. The questions are answered by private attorneys volunteering their time. A client using OnlineTNJustice has the ability to check the system for answers at any time. Only the name of the client is shared with the volunteer attorney assisting them.

  • aLEGALz

This free legal hotline assists Tennesseans in finding resources to deal with civil legal issues. Those who cannot afford a lawyer may call the line at 888-aLEGALz (1-888-253-4259) and leave a message at any time. Calls will be returned by a licensed Tennessee lawyer.

Contact: 50 Vantage Way, Suite 250, Nashville, TN 37228

(615) 627-0956

Website:

ARTS

Tennessee Volunteer Lawyers and Professionals for the Arts (VLPA)

About: VLPA provides legal assistance and education to low-income artists and non-profit arts organizations statewide. VLPA operates on an ongoing basis assisting clients both in-house through our volunteer legal associates and legal interns or by matching them with a pro bono volunteer lawyer. They also host quarterly legal clinics in the community.

Contact: Casey Summar, Executive Director

1900 Belmont Boulevard, Nashville, TN 37212

Website:

CONSUMER AND DEBT

State of Tennessee Consumer Affairs Division

About:This resource allows those in need to access resources and information to file complaints with businesses.

Requirement:The consumer must live in Tennessee, or the business must be located in Tennessee. Consumers are urged to contact the business, its manager, and owner/headquarters before filing a complaint.

Services:After unsuccessfully talking with the business, its manager, and its owner/headquarters, consumers may file a complaint with the Tennessee Division of Consumer Affairs. Complaint forms are available online.

Contact:500 James Robertson Parkway, Nashville, TN 37243

(615) 741-4737

Website:

DISABILITY

Disability Law and Advocacy Center (DLAC)

About: DLAC advocates for the rights of Tennesseans with disabilities to ensure that they have an equal opportunity to be productive and respected members of our society.

Services: For people who qualify, DLAC may be able to assist with problems related to disabilities including:

  • Abuse and neglect outside of the home
  • Discrimination in housing, transportation, employment
  • Access to public and private programs and services
  • Access to mental health, rehabilitation and support services
  • Access to appropriate education programs and services
  • Obtaining and utilizing assistive technology services and devices
  • Access to vocational rehabilitation services that promote employment and independence

Requirements: All people with disability-related concerns are eligible for

information and referral services. Acceptance of direct advocacy and legal cases must be determined by federal guidelines and public-driven priorities.

Contact: 2416 21st Avenue South, Suite 100, Nashville, TN 37212
(615) 298-1080 or 1-800-342-1660 (toll free)

Website:

Tennessee Disability Pathfinder

About:This website provides a way for families and individuals to find disability resources and services in Tennessee.

Contact:(800) 640-4636

Website:

DOMESTIC VIOLENCE AND/OR IMMIGRATION

An Abuse, Rape, Domestic Violence Aid and Resource Collection

About:This is a resource that lists resources available including shelters and safe houses to domestic violence victims by county. Visit the website below for local contact information depending on what resources are required.

Contact:

Website:

Criminal Injuries Compensation Fund

About:This program assists victims of crimes or, in the case of a victim's death, their dependent relatives. These payments are intended to defray the costs of medical services, loss of earnings, burial costs, and other financial losses incurred as a direct result of personal injuries sustained by a criminal offense. Eligible crimes generally include, but are not limited to, homicide, aggravated assault, sexual assault, robbery by force, and drunk driving.

Contact:14th Floor, Andrew Jackson Building, 502 Deaderick Street, Nashville, TN 37243

(615) 741-2734

Website:

End Slavery Tennessee

About:This resource targets human trafficking through education, training, prevention, and aid to victims.

Contact:50 Vantage Way, Suite 255

Nashville, TN 37228

(615) 806-6899

Website:

Sexual Assault Center of Nashville, Tennessee

About:This resource provides services for victims and survivors of sexual assault and abuse. Services include victim advocacy, resource referrals, education, and a crisis hotline.

Contact:Contact online at

(615) 259-9055

24-hour crisis hotline at (800) 879-1999

Website:

Tennessee Coalition to End Domestic and Sexual Violence

About: This Coalition provides civil legal services to sexual assault and domestic violence victims, including services for immigrants. The Coalition takes court referrals, walk-ins, and outside referrals. Call on Tuesdays or Thursdays between 8:30 am and 12:30 pm to complete an intake.

Services: Clients who are sexual assault victims may receive help with civil legal issues relating to the sexual assault, including assistance with divorce and breaking a lease. Clients who are immigrants and are victims of domestic violence, stalking, or human trafficking may receive help with immigration issues as well. The Coalition also provides some emergency services regardless of immigration status at 800-289-9018 or

Contact: Robin Kimbrough, Legal Counsel

2 International Drive, Suite 425, Nashville, TN 37217

(615) 386-9406 or (800) 289-9018 (toll free)

Website:

Tennessee Economic Council on Women

About:This resource provides a directory for resources for domestic violence. Resources include 24 hour hotlines, information on Criminal Injuries Compensations, assault centers, and local resources.

Contact:24-hour crisis hotline at 1-800-799-7233

Website:

WomensLaw.Org

About:This resource provides services and information on laws that impact domestic violence victims. Legal topics include restraining orders, divorce, child custody, guns, parental kidnapping, and crimes. Tribal and religious laws impacting domestic violence are also included.

Website: &state_code=TN

Young Women’s Christian Association (YWCA)

About:The YWCA offers victim advocacy, bilingual services, safety planning and crisis intervention, education on domestic violence, referrals, and more.

Contact:1608 Woodmont Boulevard, Nashville, TN 37215 (mailing)

Website:

ELDER

Council on Aging of Greater Nashville

About:The Council addresses the unmet needs of older adults and caregivers through information, advocacy and education as well as by being a catalyst for comprehensive solutions.

Contact:95 White Bridge Road, Suite 114, Nashville, TN 37205

(615) 353-4235

Website:

Tennessee Bar Association’s Seniors Legal Handbook

About:The Tennessee Bar Association’s publication on elder law issues including Social Security, Supplemental Security Income, Medicaid, pension rights, veterans’ issues, reverse mortgages, taxes, the Affordable Care Act, elder care, estate planning, guardianship, and much more.

Website: for_TN_Seniors-February_24-2014.pdf

Tennessee Commission on Aging and Disability

Services:Access information on health needs and available services; get information on Alzheimer’s and dementia; report cases of elder abuse; contact an advocate for the elderly in a facility; get information on guardianship issues; get counseling on Medicare; access a directory of Senior Centers; find information on home makers, personal care, and meal delivery; access Tennessee SHIP (State Health Insurance Assistance Program); and find local services providers.

Contact:Laverdia McCullough, Emergency Preparedness Coordinator

502 Deaderick Street, 9th Floor, Nashville, TN 37243
(615) 741-2056

Website:

(Tennessee SHIP)

Tennessee Ombudsman Program

About:Thisprogram helps residents and families resolve questions or problems by providing information on the admission process to nursing or assisted living facilities, by advocating for solutions, by working with and making referrals to other agencies, and by clarifying facility policies and regulations. The program can address concerns regarding qualify of care, financial information, resident rights, admissions, transfer, and discharge. Also included are questions regarding nursing homes, homes for the aged, assisted care living facilities, Medicaid, and Medicare.

Contact: Laura Brown, State Long-Term Care Ombudsman
502 Deaderick Street, 9th Floor, Nashville, TN 37243
(615) 253-4392 or 877-236-0013

Website:

HEALTHCARE

Substance Abuse and Mental Health Services Administration

About:This agency is a part of the U.S. Department of Health and Human Services and leads public health efforts to advance the behavioral health of the nation.

Contact:To find helpful resources nearby, visit or Call (800) 662-HELP (4357).

Website:

Tennessee Justice Center (TJC)

About: The TJC is a non-profit, public interest law and advocacy firm serving families in need. TJC gives priority to policy issues and civil cases in which the most basic necessities of life are at stake, and where advocacy can benefit families statewide.

Focus: TJC focuses on providing services to those who are in need of TennCare or who are already eligible for TennCare. TJC helps low-income families obtain essential health care, food aid, and family assistance. TJC also provides information to the uninsured and provides information on the Affordable Care Act. TJC does not assist people with private insurance.

Requirements: To qualify for assistance, clients must be uninsured or potentially

eligible for or already receiving TennCare.

Contact:301 Charlotte Avenue, Nashville, TN 37201