Friday, April 1, 2011

Lawyers Who Represent Children Contribute Substantially to the Prevention of Child Abuse

By: Suzanne Bertolett, Associate, Sutherland

For the past twenty months, I have had the privilege of providing legal representation to a little girl while her mother struggles to overcome drug addiction and reclaim her life. My representation is coordinated through AVLF’s One Child One Lawyer program, working with Fulton County’s Family Drug Court. As the Family Drug Court team works with my client’s mother to ensure she is provided with the treatment and resources she needs to become a drug free and stable parent, I serve as the voice for my client, making sure that her best interests remain at the forefront of any decisions made by the Court. In order to fulfill this role, I visit with my client at her home periodically to ensure she is in a safe and healthy environment. During my visits, I observe her interactions with her mother and other caregivers. Between home visits, I stay in touch with her caregivers to make sure that my client is doing well and that the caregivers are receiving the resources they need. I have established a relationship with my client’s great uncle, who has been my client’s primary caregiver while her mother has been in drug treatment. The bond between him and his great niece is touching, and there is no one I trust more with my client. I turn to this great uncle for input when I must advocate before the Court regarding my client’s interests.

My relationship with my client began in the summer of 2009, a few months before her second birthday. The child’s mother, who has a history of drug abuse, had recently been put in jail and had lost custody of my client because she had failed to comply with the drug treatment requirements established by court order. Given the strong bond between my client and her mother and the fact that there was no evidence my client’s mother had ever abused her, her mother was originally allowed to retain custody of my client as long as she entered a drug treatment program and remained drug-free. The case had originally been treated as a standard child deprivation case in Fulton County Juvenile Court. The case was transferred to Family Drug Court in the hopes that, given proper treatment and resources, my client’s mother would be able to overcome her drug addiction, get a job and provide a safe, stable home for my client. Unfortunately, as noted above, my client’s mother did not comply with the treatment plan established by the Court, was jailed, and custody of my client was transferred to the Division of Family and Children Services (DFCS). Fortunately, DFCS was able to place my client with her great aunt and uncle, in the home where she had lived since birth. I have the deepest respect for my client’s great aunt and uncle, a couple in their sixties who have provided my client with unconditional love, shelter and stability during her mother’s struggle. This couple has also provided my client’s mother with support in her fight to overcome addiction and the knowledge that she and her daughter will always have a home with them.

Once out of jail, my client’s mother began to cooperate and comply with Family Drug Court requirements and has gradually progressed toward becoming drug-free. I am proud of the progress my client’s mother has made and her efforts to become the mother that her daughter deserves. I am also deeply grateful for the support network her aunt and uncle have provided. Likewise, I am grateful to the Fulton County Drug Court team for their efforts in helping parents overcome their addictions and keeping families together.

I am delighted to report that my client’s mother has recently regained custody of my client and the two are living with their aunt and uncle. My client’s mother continues to attend drug treatment and report to Family Drug Court. We all hope that she will graduate from Family Drug Court in May, drug free and ready, with help of her family, to provide a safe and stable home to my client.

I am very proud to be a part of the One Child One Lawyer program. It is an honor to provide a voice to children in Fulton County whose parents are endeavoring to overcome their addictions and create better lives for themselves and their children.

Lawyers Preventing Child Abuse

By: Lila Bradley, Director of Children's Law Programs, AVLF

April is National Child Abuse Prevention Month. AVLF’s volunteer lawyers have a unique opportunity to prevent child abuse when they represent children and children’s best interests in the Fulton County Courts. Families who are involved in our court systems are often there because they have abused or neglected a child. Families who are engaged in high conflict family disputes are often at risk of child abuse and neglect. When children and children’s interests are well-represented, the legal system can take the protective measures necessary to protect the children.

AVLF’s volunteer lawyers act as Guardians ad Litem in the Family Division of Fulton County Superior Court. Volunteer GALs are charged with representing the best interests of children whose parents or other caregivers are engaged in contested custody disputes. The GAL acts as the officer of the court to investigate and make recommendations that will keep a child safe and well. In one tragic case last year, an AVLF volunteer GAL became so concerned by the erratic and disturbing behaviors of the children’s father that she asked the court to order that the father no longer be allowed to spend unsupervised time with the children in the father’s home. Several months after the court entered the order requested by the GAL, the father was violently murdered in his home. Thankfully, the children were not in the father’s home, because the court had issued the protective order requested by the GAL. In another case, an AVLF volunteer GAL recommended that the court grant custody of a young girl to her father, because the girl’s mother was refusing to protect the girl from sexual abuse by a family member. The girl needed the advocacy of the GAL to help the court recognize that the mother was placing the child at risk of serious abuse. Empowered by the advocacy of the GAL, the girl took the next step of agreeing to testify against the abuser. Thankfully, most child custody cases do not involve child abuse. For those cases that do involve a child at risk, however, an AVLF volunteer GAL can provide invaluable protection for the child.

On a more positive note, lawyers representing children’s best interests can help to prevent child abuse by recognizing the risk factors and then urging—or asking the court to order—the parents to seek help. Parents who were raised with abuse or neglect often do not understand how to care for their own children or they may have unrealistic expectations for their child’s behavior and abilities. GALs frequently suggest that parents take parenting classes, and a parent’s willingness to work towards improving their parenting skills can be a critical factor in a court’s decision on custody and parenting time. Parents who abuse alcohol or drugs are significantly more likely to abuse or neglect a child. A GAL who identifies a potential substance abuse problem can request that parents submit to a professional evaluation, which can lead to a parent recognizing and addressing addiction. GALs often refer parents to counseling to help parents overcome stress and anxiety. In one recent case, family counseling recommended by the GAL helped a depressed mother recognize that she had emotionally disconnected from her children. The troubled mother was neglecting her children’s well-being. After she began to recover from her depression, the mother was able to strengthen her bonds with her children and provide them with the structure and nurture that they so desperately needed from her.

Volunteer lawyers representing children in AVLF’s One Child, One Lawyer Program are assigned to clients who have already been neglected by their parents. AVLF volunteers represent neglected children after Georgia’s Department of Family and Children Services has already intervened into the family due to parental neglect. AVLF and its volunteer lawyers advocate for children whose cases are part of the Fulton County Juvenile Court’s Family Drug Court Program. The parents commit to take affirmative steps to address the underlying cause of the neglect—parental substance abuse. The parent agrees to participate in the Family Drug Court Program, which provides a high degree of accountability and oversight for the parent’s recovery along with a high level of support for the family. AVLF volunteer lawyers advocate for the children’s care and well-being while the parents are striving towards recovery. Through their legal representation, AVLF volunteer lawyers help to ensure that the children receive proper education, medical care, and emotional support during the difficult time in their lives, but perhaps even more important, the volunteer lawyers advocate for the children’s desire to be reunited with safe and stable families. The parents attend drug treatment, and they submit to random and frequent drug screens. The court oversees the parents’ recovery and the care of the children. The children visit with their parents and receive counseling to help them deal with the anguish of being separated from their parents.

The volunteer lawyer helps to assure that the children are returned to their home as soon as the court can be reasonably certain that parent is able to properly care for the child. Recently, an AVLF volunteer lawyer advocated that her young client be returned to the custody of his mother while she was in the last few months of residential drug treatment. The mother had not parented her older children due to her addiction. She was determined to stay clean and parent her youngest child, and with the support of the Family Drug Court Program, she was able to attain stable sobriety for the first time in 20 years. The child’s volunteer lawyer argued that the mother had demonstrated a strong commitment to her child and a commitment to recovery. The mother is now fully employed, living in safe and stable housing, and caring for her child beautifully well.

Lawyers who represent children contribute substantially to the prevention of child abuse in our community. The work of representing a child and advocating for a child’s best interest is not easy work. Volunteer lawyers who step up and accept a child’s case make a tremendous commitment to the child, the court, and the community. The cases take many hours and significant emotional energy. The work is not thankless, however. The judges and the court staff express consistent appreciation for the pro bono efforts of AVLF’s volunteers. More important, however, is the knowledge that we have helped a child.

Sunday, February 27, 2011

AVLF Named a Best Nonprofit to Work For

OPPORTUNITY KNOCKS ANNOUNCES ATLANTA VOLUNTEER LAWYERS FOUNDATION ("AVLF") AS AN AWARD WINNER OF

4th ANNUAL BEST NONPROFITS TO WORK FOR


The People Have Chosen!

Atlanta, Georgia / January 27, 2011-- Opportunity Knocks announced today that AVLF is a winner of the 4th Annual Peoples Choice Best Nonprofit to Work For Awards. Winners were selected by Opportunity Knocks from nominations held October 12, 2010 through December 15, 2010 based on employee submissions of a brief essay on why they consider their organization a great place to work.

"We are honored that Opportunity Knocks has selected AVLF for this award," states Tamara Caldas, Deputy Director of the Foundation. "One of the driving values at AVLF is that we believe that all people should be treated with dignity. We infuse that belief not only through our work with low-income clients and legal volunteers, but also in the way we relate to one another as colleagues and friends. What this means in practice is that we all work hard while we are at work, but we also honor each other's need for time with family and friends and for personal growth. It also means that we share our personal stories and values with one another so that we understand each others' motivations and challenges - and we always find time to laugh. Finally, what makes AVLF such an amazing place to work is the model of commitment, compassion and generosity of spirit that we find in our Executive Director, Marty Ellin."

Nominators could take into consideration factors that are important to them such as, quality of work/life balance, their organizations' adherence to its mission, comradery of employees, unique benefits, training programs and career paths.

A total of fifteen (15) winners were awarded based on three categories of operating budget size. (Visit www.opportunityknocks.org for a complete list of winners)

Look for the award logo on their site to know that they are truly are a great place to work!

"Opportunity Knocks continues to see the need to provide nonprofit professionals a platform to give recognition and appreciation to the organizations providing quality work environments for the people in jobs that change the world. The 4th Annual Peoples Choice Best Nonprofit to Work For Awards demonstrates how nonprofit organizations can not only make a difference in the community but also have an incredibly positive impact on the lives of the people that work for them. Congratulations to the winners and thanks to all that took the time to submit their nomination." -Karen Beavor, President and CEO of Opportunity Knocks.

About Atlanta Volunteer Lawyers Foundation:The Atlanta Volunteer Lawyers Foundation develops and coordinates programs that provide legal representation, education and advocacy for at-risk, low income individuals by tapping the enthusiasm and commitment of volunteer legal professionals to address the unmet civil legal needs in the Atlanta legal community.

AVLF was created by the leaders of the Atlanta Bar Association, the Gate City Bar Association and the Atlanta Legal Aid Society to coordinate the provision of free civil legal services to low-income citizens of Atlanta through private lawyers. For more than 30 years, AVLF has created programs to respond to the unmet legal problems of the poor by training and mentoring private volunteer lawyers to offer a range of legal services to intimate partners of domestic violence, abused and deprived children, students with special education needs and low-income individuals with eviction, debt collection and unpaid wage concerns and other serious civil legal problems.

Contact: Monique Henderson, Director of Communications and Development, AVLF, 404-521-3319 or mhenderson@avlf.org

About Opportunity Knocks: Opportunity Knocks is the national nonprofit Job Board, HR Resource and Career Development website exclusively on the nonprofit community. For Nonprofit professionals, www.OpportunityKnocks.org is the premier destination to find nonprofit jobs and access valuable resources for developing successful careers in the nonprofit community. For Employers, www.OpportunityKnocks.org
Contact: Lynne Norton, Director of Strategic Partnerships, Opportunity Knocks, 678-916-3066 or lnorton@opportunityknocks.org

Tamara Caldas Named New Deputy Director

By: Martin Ellin, Executive Director, AVLF


With real pleasure, I announce that Tamara Caldas will become the new Deputy Director of the Atlanta Volunteer Lawyers Foundation.

Tamara is a graduate of Princeton University, the University of Texas School of Law, and the Lyndon Baines Johnson School of Public Affairs. After graduating with a law degree and masters degree from UT, she clerked for the Honorable Martha Craig Daughtrey of the United States Court of Appeals for the Sixth Circuit. She then became a senior litigator at the Southern Center for Human Rights from 1998 - 2004, after which she worked at the law firm of Claiborne, Outman & Surmay, LLP, which specializes in adoption and reproductive technology.

Tamara has worked with the Foundation in a number of capacities since her hire in September 2005, including serving as Foundation's Managing Attorney since 2007. As but a few examples of the work she has performed for AVLF's clients and with AVLF's Partners, Tamara headed and designed the recent revitalization of the Saturday Lawyer Program, helped with the design of legislation for Georgia and other community responses to the federal PTFA legislation, and promoted the development Fulton Court's Self-Help Center. As importantly, internally, she was a driving force behind the successful completion of the AVLF Strategic Plan, coordinates the implementation of that plan, is heading the development of a Communications Plan and has become the staff technology leader, especially promoting an enhancement of the Foundation's database.

Tamara is a talented, relentless litigator, is a skilled negotiator and is a trained mediator. She is a deeply effective community advocate, whether the "community" is made up of clients, lawyers and/or court personnel, and is an entertaining and compelling spokesperson for AVLF and its clients. In every circumstance, Tamara shows leadership, passion and vision: in every setting, she presents the dignity and integrity that is critical to realizing the Foundation's mission.

We are proud of what Tamara has accomplished, and we are confident that assuming the position of Deputy Director of the Atlanta Volunteer Lawyers Foundation will allow her to promote equal access to justice even more effectively.

Congratulations, Tamara!

Monday, February 7, 2011

Former DV Project Director Recounts Her Four Years with AVLF

By: Jenni Stolarski, former Director of AVLF's Domestic Violence Project is now Chief Assistant Solicitor General, DeKalb County Solicitor's Office

January 20, 2011

Dear Colleagues,

Four years ago, AVLF gave me the opportunity to direct the DV Project. At the time, the DV Project was operating out of the One Stop Office, which posed significant challenges to the integrity and safety of client appointments. The Project relied largely on referrals from partner agencies, which resulted in approximately 16 cases being placed during a quarter with pro bono attorneys.

Growing the Project required fundamentally changing the way we did our work, starting with the location in which we did our work. It was not an easy or quick process. I thank Marty Ellin and Dawn Smith for taking that leap of faith and supporting my vision. As a result, in the past four years, the DV Project has experienced exponential growth. Here are some of the more notable highlights:

• In February 2009, we successfully launched the Safe Families Office. A collaborative effort among AVLF, PADV and the Fulton County Superior Court, the Safe Families Office offers legal and safety planning assistance to over 3,000 survivors of intimate partner and family violence each year. AVLF has taken the lead in this endeavor and has assured the continued success of the Safe Families Office. Our model has gained attention on both the local and national levels. Notably, during her July 2010 site visit, the Chief Counsel for the American Bar Association Commission on Domestic Violence described our work at the Safe Families Office as a “model best practices program.” But the highest praise has come from the clients we have served. Time and time again, those victimized have thanked us for helping them to reclaim their lives, their safety, and their sense of self-worth. While our legal work largely involves the civil temporary protective order process, you need only spend some time at the Safe Families Office to understand that our real work is about empowering survivors.

• We have carried our message to the community through various mediums, including articles in the Fulton Daily Report, blogs for our newly revamped website, a public service announcement on the Fulton County Government Access Channel, an appearance on “Victim’s View” (a program hosted by the Fulton County Solicitor-General’s Office), through participation in local and state committees, through numerous community outreach events, and through numerous trainings in the legal community.

• In conducting bi-partisan voter rights clinics at shelters in 2008, we identified a serious problem in Georgia’s Voter Registration requirements, which effectively disenfranchised residents of domestic violence shelters. We used our influence to bring attention to the problem at the state level and lent advice on ways to correct it. As a result, Georgia passed a Voter Address Confidentiality law, which not only creates a safer way for survivors of abuse to exercise their right to vote, but signifies institutional consideration of a population that is so often invisible.

• We have increased our volunteer base and thus our capacity to represent clients. AGG continues to lead the charge, but DLA Piper, Kilpatrick Stockton, Alston + Bird, and Sutherland have followed suit. All have committed to an annual calendar where they commit to taking cases on a regular, rotating basis. In addition to our participating firms, we have a bank of over 200 volunteers who take cases from our electronic newsletter. We now place four times the amount of cases per year with attorneys for direct representation than we did four years ago.

• We have grown our Project Staff to include a dedicated paralegal and staff attorney, without whom the Project could not function. Toni Roberts represents the very best that AVLF has to offer both to our client base and our volunteer base. Her talent, professionalism, and unwavering commitment to excellence are unmatched. Liz Whipple is sharp and enthusiastic. In a relatively short time, she has not only gotten up to speed, but proven herself to be an invaluable member of the team. Additionally, beginning in the Fall of 2011, the DV Project will host a Skadden Fellow, an exciting first for AVLF.

• We have strengthened existing partnerships and grown new ones. We have formalized partnerships with PADV, the Fulton County Superior Court, United 4 Safety, and the member agencies of the Fulton County Domestic Violence Taskforce. Our partners have come to rely upon us as thought leaders in this field and call upon us for assistance and advice.

AVLF is a special place. I remain passionate about its mission and its ability to make a profound impact on individuals and on systems. I thank you for the opportunity to have been a part of your team and hope that I have honored the trust you placed in me. And so, it is with deeply mixed emotions that I prepare to begin a new chapter. I look forward to supporting the continued success of the DV Project and AVLF.

Yours in Service,

Jenni Stolarski

Monday, December 13, 2010

The Face of Unexpected Homelessness

By: Monique Henderson, Director of Development and Communications, AVLF

Even though it was twenty years ago, I remember it like it was yesterday. I was thirteen and had just started my freshman year of high school. School had only been in session for a few weeks, when I ran for, and won a seat on our class student council as a “Senator”. Like most 9th graders, I was nervous and anxious about starting a new school. My trepidation wasn’t just centered around this being a new venture, but how would a middle class girl like me fit in with all the kids from the other feeder middle schools, as well as the large majority of students who came from very wealthy households?. With nearly 1,500 students, my high school was twice as large as the middle school I had just graduated from. And I had heard all through 8th and 9th grade how wealthy the kids at this school were. The juniors and senior didn’t just have their own cars; they drove BMWs and Mercedes Benzs, and lived in sprawling homes with pools and tennis courts in their back yards!

However, despite my fears, I managed well. Six weeks into the school year, I was on the honor roll, had already joined the French Club, art club, swim team, and won a seat on the student council with some of the most popular kids in our school. I easily made a ton of new friends, loved my classes and was generally looking forward to this new endeavor called high school. Life was good!

The afternoon that I found out that I was elected a “Senator”, I couldn’t wait to get home so I could call my mom at work to share the good news. When the last bell of the day rang at 2:30, I made a bee-line to my bus. I was giddy with excitement and busting at the seams with joy the entire bus ride to our neighborhood. “Congratulations, Monique” my friends shouted as they exited the bus’ double doors as we arrived at their stops. “See you tomorrow!” When we finally arrived at my drop, I bounced out of my seat, made my way down the narrow aisle, burst through the doors of the bus, and began to run the two blocks through our subdivision to our three bedroom, two story home.

As I approached our house, I began to slow my pace. I squinted my eyes. It looked like someone was moving or having a yard sale; there were massive piles of furniture and clothes, and toys strewn on the lawn, curb, and sidewalk. But there was no one around. Why would someone decide to have a yard sale in the middle of the school day, I wondered?. I’m five houses away now. Something is wrong. My heart begins to race. While it’s still in the distance, the pile appears as if it’s right in front of our house. What in the world is going on? As I near the pile of things, I begin to recognize the white dresser and nightstand from my bedroom. Are we moving? Mom didn’t say anything about us moving, I think to myself. I stop in my tracks, confused by the sight. Other kids whirl past me on their way home from the bus stop. “Look at all that stuff,” one boy exclaims. “I think someone got evicted,” his friend answers as they walk past me. Evicted? What did that mean? I’d never heard that term before. I sprinted the short distance to the pile of things awaiting me on the sidewalk. My stomach was in knots, my heart was pounding, my head was throbbing from the intense Florida sun beaming down on me like the reality of the situation I was facing. I stood over the things. I knew then for certain that they belonged to us. My dolls, clothes, and bedroom furniture. Our couch, ottoman, dining room table and television sets. My mom’s bed, her shoes, and suits. My brother’s remote control trucks and little green army men were strewn all over the front lawn and sidewalk. Everything we owned was sitting in front of our house for public display. “Are ya’ll moving?” I heard a neighborhood kid ask me from behind. I wiped the tears that were welling up in my eyes. “Yes,” I lied without turning around. “Cause Shelly Rosen said ya’ll got evicted.” “No!” I said empathically. “I gotta go.” I made my way to the front door of our house and inserted my key into the doorknob. It would not turn. I wrestled with the key, shoving it in and out of the keyhole, praying it to unlock the door. No such luck. “I think ya’ll got evicted,” the girl said, still watching in awe from the sidewalk. “They probably changed the lock on ya’ll.” I wish she would shut-up. My mind is racing. I gotta call my mom. I head to a neighbor’s house four doors down and knock on the door. A middle age woman who sells candy to the neighborhood children comes to the door. “I’m locked out. Can I use your phone to call my mom?” I ask quietly. “Sure, you okay?” she inquires.

After reaching my mother at work, she rushes home. The next few hours are a whirlwind. Phone calls to a U-Haul facility to get a truck. Phone calls to my family in our native town of Washington, DC. Phone calls to my mother’s brother, our only relative in Florida who also lives just minutes away. Night falls and my brother, Michael, now home from middle school, and I take turns guarding our things on the sidewalk while my mom, still on the neighbor’s phone, reaches out to friends and family members to figure out our plan of action. We can already tell that some of our things are missing. Some of my mom’s jewelry, a VHS player, toys, and a new coat I just got for my birthday. Did the people who moved it out of the house take it? Or was it one of our neighbors? I don’t have the heart—or interest—in sharing the good news of my election to the student council with my family. It seems so insignificant now that my life seems to have been turned upside down. As I patrol the sidewalk, I think to myself what started out as the best day of my life, slowly begins to turn into the worst day of my life.

By 10pm that night, the majority of our household items were in a storage facility and we were checking into a motel. My brother and I, seeing my mom was distraught, didn’t have the heart to ask her how we ended up here, what happened. “We will probably be here a few days,” she tells us as we bunker down for the night. We don’t sleep that night. I feel nauseous and I want to cry, but I don’t want to upset my younger brother or my mother so I hold it in. The three of us spend the next nine days in this one room, dilapidated motel. We eat out for dinner every night because there is nowhere for my mom to cook. There are no school buses serving this motel, so my brother and I walk the 1 ½ miles to and from school each day for two weeks.

On our last day at the motel, my mom tells us that my uncle was able to get us in at an apartment near the beach. He has a friend that is the apartment manager and a unit just opened up. Michael and I were ecstatic! Not just because we were finally moving from this motel, but we would get our own rooms again…and we’d be near the beach. “That area is out of the district. Are we changing schools?” my brother asked my mother. “No, you’ll continue to go to the same school. I’m going to bring you to school in the morning and you will catch the city bus home in the afternoon. This is just a temporary move.” After getting the address and directions to the apartment from my uncle, we quickly pack our clothes and hop into the car.

As we near our new home, our excitement begins to fade. We soon realize the apartment, although near the beach, is in a seedy section of town. My brother and I sit bug -eyed in the back seat while we drive by police cars, ladies of the night, and men standing on the corner drinking liquor out of a paper bag. Having always lived in upper middle class neighborhoods, we were shocked to witness this side of life firsthand. The apartment itself is an old, one level, garden style brick building with glass doors and approximately seven units. We wait in the car as my mother retrieves our key from the apartment manager’s office. When she returns, we grab our suitcases and follow her tour new home. As she opens the door and we enter the unit, I’m shocked to see the apartment is only the size of a master bedroom. It’s an efficiency with a futon bed, a kitchenette, and an extremely small bathroom. I begin to cry hysterically. Where’s my bedroom? What is this place? My mother begins to explain that although we were not victims of abuse, this was a temporary shelter for women and their children who were fleeing domestic violence situations and that my uncle was friends with the woman who ran the apartments. She agreed to let us stay there for six months until we could move into our own place.

While some families face harsher realities, the next few months were very difficult for us. For the first three weeks, each night when we would go to sleep, we could hear the clawing of a rat scrambling around the small apartment. I was then, and am now, terrified of these pests. All I could think about was the horror movie I watched when I was 11 where the rats were eating people in London as they slept. I was certain this rat, which I had the unfortunate luck of seeing a few times as he scurried across the floor, was going to nibble my toes off during the night if I fell asleep. Needless to say, I was extremely sleep deprived for many a night. (Eventually, my brother found the hole that the rat was using to enter the apartment and we were able to seal it off.) During our second month at the apartment, the husband of another tenant who fled with their young daughter because of domestic violence, showed up with a rifle “to kill her”. Apparently, he tracked her down through family members who divulged her safe place location. On this particular afternoon, he shouted obscenities as he banged repeatedly on the front door of her unit with the weapon, threatening to break the door if she didn’t open up. Michael and I hid in the tiny bathroom of our unit until someone managed to call the police and he was arrested. I spent the next few months terrified that this man, or some random neighborhood person, would break the glass on our front door and kill us.

Back at school, my friends would constantly ask me if they could come over to our house to visit and hang out. It pained me to have to make up a million reasons as to why this was not a good day to have company over. I have swim practice after school, I would say. I have a project to work on. I’m going out of town to visit family. I’m going over another friend’s house. I never shared with any of them, not even my best friend of three years, the sad truth of where we were living. How could kids who had pools in their back yards, drove Mercedes Benz, ate lunch off campus every day understand what my family was going through…if I couldn’t understand it myself!

Shortly after Christmas my mother announced that we were moving back to the other side of town. I learned to hold my optimism and excitement until I knew exactly what situation we were moving into. As it turns out, by picking up two extra jobs while we were living at the safe house, she was able to save up enough money to get a condo a half mile away from my high school. We lived there for the next two years until my mother purchased a newly built ranch style home a few miles away.

A year later, as I was packing for college, I finally found out the details that led my family to become homeless overnight. My mother was renting the home we lived in from a gentleman who ended up having the property foreclosed on him. The bank, not knowing, and probably not caring, that we were renting the house, had our things removed from the property and the locks changed. Unfortunately, there was no Protecting Tenantsat Foreclosure Act (PTFA) back then to look after the rights of tenants like our family. Likewise, my mother, although college educated, was not savvy in the law and had no idea of her rights, if any, under Florida law. Nor was she aware of any organizations like AVLF that advocated on behalf of those families facing eviction, foreclosure, or landlord-tenant disputes.

I share this deeply personal story for two reasons. First, I think it’s important to humanize the statistics and stories you hear on the news of families being evicted from their home. Every Tuesday and Thursday at Fulton County Magistrate Court, as many as 300 families face the same uncertain future my family faced twenty years ago in Florida. Not all of them are guilty of not having paid their rent. Many of them have been illegally evicted or have outstanding landlord-tenant disputes, but just aren’t aware of their rights and may be unable to accurately articulate their case during mediation or before a judge. And, before they know it, they’ve been handed an Order to evacuate their homes within seven days. Last Tuesday I observed a dispossessory calendar at the Fulton County Courthouse. Hundreds of tenants, mostly women, many with small children in tow, were waiting to have their chance before the Judge. “I lost my job,” one would say. “They didn’t fix the heat,” another would say. Despite their pleadings, the majority were eventually told they would have to move out of their home just a few days before Christmas. I was saddened and overwhelmed as I looked into the eyes of these families.

Second, while my family’s bout with homelessness and our stay in the shelter was but one short chapter in my life, it left a profound impact on me and has a lot to do with who I am today, and why I’ve chosen this career tract. I’ve worked for nonprofit organizations for fifteen years; I value and have a deep appreciation for the work organizations such as AVLF do in the community. This year alone, more than thirty pro bono lawyers in our eviction defense program worked to protect Fulton County tenants facing imminent eviction from their homes. As a Development and Communications Manager, I also understand how much we rely on contributions from our constituents and stakeholders. Without volunteer attorneys and the donations of time and money we receive from these pro bono heroes and the firms and departments in which we work, we are compromised in our ability to protect those who face immiment eviction from their homes. The emotional shock of the world turning upside down in an afternoon is not unique to me, and we hope that you will volunteer your time, and make a donation to the Foundation, and in so doing help the next child avoid the trauma of losing her home.

All Hands on Deck

By: Toni Roberts, Paralegal, AVLF Domestic Violence Project


Remember the good old days when you could pull into a full service gas station and get everything you need to solve your car problems? A friendly attendant would meet you at the pump to assess your needs, then fill your tank, wash your windows, and check your tire pressure. If after chatting with you further services were needed, you could even pull into its bays and get an oil change or tune-up, and an evaluation as to any additional ways in which they might service your car.

Though full service gas stations are scarce these days, the comprehensive approach to addressing the needs of customers that it represents is very much alive and well. At AVLF, we recognize that when clients call or visit our offices seeking assistance with one problem, it is an opportunity for us to make a more sweeping impact than he/she may expect. Vital to the success of such an organizational concept is the ability to develop and maintain team concepts.

We have worked especially hard to implement this model in our Domestic Violence Project’s work at the Safe Families Office. Located in the Fulton County Courthouse, the Safe Families Office is a dedicated space out of which we, together with our partners, Partnership Against Domestic Violence (PADV) and the Fulton County Family Division, provide legal and safety planning assistance to survivors of intimate partner violence and stalking.

When someone visits the Safe Families Office requesting assistance with the filing of Temporary Protective Order, often many other issues are at hand. With the needs of the community steadily increasing and resources equally decreasing, it is impossible for the attorney handling the case to singularly address all of what may be uncovered. This creates the preferred circumstance wherein many advocates can participate in the process of providing solutions. Each such advocate is a key player.

For instance, our front line workers are those that do intake. When a survivor comes in, one of us will meet them at the door. Keep in mind that this is usually a very intense and stressful time for them. The incident of abuse is fresh, as many times are their bruises. They’ve reached a breaking point, still find it difficult to make public a very ugly truth that has likely been a long kept secret. And this is the time when life-changing decisions about the future will be made. What they need is a calm, friendly supporter who will be patient and reassuring. Trained to listen for certain indicators, the intake worker can also provide resources specific to the survivor’s additional needs. Just knowing that there are actually viable options for their safety and that of their children provides the survivor with a level of comfort that makes taking this step easier.

Sometimes, depending on the severity of the circumstances, going through with the filing of a temporary protective order is not the most ideal solution. This is the perfect time to call on another line of defense, PADV. Specializing in safety planning, operating local shelters, providing counseling opportunities, and hosting support groups, among other things, PADV staff and volunteers are well primed to usher survivors through the emergency planning process wherein they establish a safe exit strategy and can begin planning for their future.

Beyond receiving assistance with the pleadings, paralegals can also be very useful in getting the case ready for hearing. Sometimes that means assisting the Petitioner in obtaining phone records, police reports, photographs of injuries, or assessments of property damage. Sometimes it means contacting other agencies that can provide assistance with related matters, i.e. the Magistrate Warrant Office, for help in swearing out warrants for the abuser’s arrest on a criminal charge; or the Family Law Information Center, for assistance with the legitimation process; or United For Safety, same sex victims of domestic violence. Sometimes it means diligently pursuing alternate options to ensure that service of process is achieved.

But it also means paying special attention to situations that call for action through one of our other programs. There are numerous times when survivors of domestic violence also need a divorce, or assistance with an advanced directive, or help getting out of a lease entered into with the abuser. AVLF has programs and trained staff members that work specifically in each of these areas, allowing for an easy referral to be made on behalf of the victim. The thought of having to seek out help with these issues separately, in addition to all of the others that are looming, is enough to discourage anyone already in the throes of domestic violence from even attempting to do so. Their anxiety levels diminish greatly as they are apprised of access to what is essentially one-stop shopping.

More than any of that, being in the position to have more frequent contact with the client than, perhaps, the attorney, the paralegal/staff member assisting in the preparation of the case has the unique opportunity to become a real confidante. Oftentimes during this process, survivors are divulging extremely sensitive information for the very first time. They are exposing family secrets, sharing stories of heinous crimes, admitting embarrassing details, and shining a light on a life that they wished they hadn’t lived. All of this while processing feelings of guilt and shame. Having a consistent go-to person who listens, who doesn’t judge, who can explain the process, who essentially restores hope is, in my mind, an absolute priceless gift.

I have had the good fortune to walk through this process with so many strong, brave, determined survivors that have been willing to forsake everything material in order to take control of their lives back from their abusers. One of my favorites is Ms. Hall. She is an 89 year old woman who was being abused by her sons, both substance abusers. She had been cursed at, pushed down on the ground, hit, and even beaten with her own walking cane by them. She was so fearful that she locked herself in her bedroom every night. Mentally and physically exhausted by the time she came in, she told me that they could kill her without even touching her because her heart was so weak.

I’m pretty sure I talked to Ms. Hall every day during this process. I’d have to arrange for taxicabs to get her back and forth from the courthouse. As an elderly woman not familiar with the process, I had to explain exactly how things would work…several times. I had to get her water when she became fatigued. Very traditional in her thinking, I had to reassure her often that, although it pained her to have to do this, that she has a right to act in her own best interest for a change. I took several calls from her in tears when her family members criticized her for doing it. And, do you know what she told me? “You’re the only one who understands.” By this time, I’d become very protective of her, as well as her biggest fan.

You should know that everything with Ms. Hall turned out wonderfully. Not only were we able to assist her with her TPO, but we found out that she didn’t have a will and our advanced directives team went to her house and helped her with that, as well. Her comment to our staff was, “Thank God I found you all. Now I sleep all night long and get much-needed rest.”

Ms. Hall is now my best bud. In spite of her journey, she finds joy in her present circumstances. I talk to her on the phone pretty regularly; she keeps me on my toes – like most grandmothers do -- as well as in stitches. Last week I was informed that I was to report to her house at 4pm on Christmas Eve for dinner with her family. I consider it a privilege to have walked with her through some really dark days into the light of peace. And I feel confident that each one of us who worked with her through this process holds equal value to her and helped to truly change her life.

There are thousands more Ms. Halls out there that still need your help and mine. And as was the case at your favorite filling station of old, each stage of advocacy and input exercised in meeting their needs requires time, skill and commitment equally significant to the process. Without the level of teamwork in place that we and our volunteers provide, those seeking our assistance would not be positioned to receive the extent of wrap-around services that, through our collaborations, we are privileged to provide at the Safe Families Office.

Friday, December 3, 2010

Thank You for a Terrific Year!

December 3, 2010


Dear Friend of the Atlanta Volunteer Lawyers Foundation:


AVLF looks quite different from the Foundation you may have known, worked with and supported even just a few years ago. Led by a solid and successful Strategic Marty Ellin HeadshotPlan, we are representing more clients, recruiting, training and involving more volunteer attorneys, and working more expansively in more courts than ever before.


It has been quite a year. In the past twelve months the Saturday Lawyer Program, now 40 years old, enjoyed a rebirth. Instead of simply being handed a file and asked to represent a stranger based on a telephone interview conducted by AVLF or Atlanta Legal Aid staff, volunteer attorneys now meet with potential clients to confirm that they believe there is a cognizable legal issue that should receive the assistance of pro bono counsel: the volunteer attorney then may decide to represent that client. This year, the Guardian ad Litem Program evolved to focus much more clearly on the placement of Guardians only in cases where the parties in dispute meet AVLF income guidelines. Our One Child One Lawyer Program matured, representing more than thirty children whose parents, having achieved stability and sobriety, graduated from the program allowing for reunification of mothers and children. As well, in 2010 the OCOL Program celebrated 8 adoptions of client children whose parents were unable to be successful in drug treatment into new "forever families."


The Chief Counsel for the American Bar Association Commission on Domestic Violence described the Domestic Violence Program's Safe Families Office as a "model best practices program." That Office, located in Courtroom 6G of the Fulton County Courthouse, saw more than 2900 victims of intimate partner violence. AVLF's Wills Program trained 156 lawyers in the art of will-drafting, coordinated eight outings to local Senior Centers and oversaw the drafting of 130 Wills in 2010. Lawyers of the Atlanta Bar Association's Estate Planning & Probate Section continued its outstanding work in the Probate Information Center, offering free 30 minuteconsultations scheduled by the Probate Court itself to those with probate questions. The new substantive issue that grew most dramatically in 2010 was the Protection of Tenants in Foreclosure, and AVLF attorneys worked with volunteers from the private Bar, partners in the public interest community and law students studying the foreclosure issue to secure legal protections for this vulnerable population and to plan for legislative advocacy in the coming years. While this work was expanding, more than 30 pro bono lawyers maintained our Eviction Defense Program's work protecting tenants facing imminent eviction from their homes.


Our signature fundraising event, the AVLF Winetasting, hosted in 2010 by Seyfarth Shaw at their exquisite new Atlanta offices, for the ninth consecutive year broke new ground, this year raising over $330,000. Over 500 individuals and nearly seventy law firms, accounting firms and related entities made generous donations to the cause. And please mark November 3, 2011 now- the 20th Annual Winetasting will be spectacular.


But the most noticeable change about the Foundation is the fact that most of you noticed the changes! That is directly attributable to AVLF's very conscious expansion of our social network. Friend us on FaceBook. Read our blogs. Be Linked In to the AVLF Staff. Learn of our activities on Twitter. We want to make it easily possible for you to learn of pro bono opportunities, to keep pace with the news of the Foundation, and to help us to do everything we can to promote the possibility the clients, the legal community and the Courts will work together more effectively in the pursuit of equal access to justice.


While we have less funding than was available in 2009, in 2010 I am more convinced than ever that AVLF is a remarkable place, equipped to face the challenges and the possibilities that will surely mark 2011 as clearly as the opportunities and concerns that arose in 2010. Thank you for your interest in the work of the Atlanta Volunteer Lawyers Foundation: our Board of Directors and our Staff join me in wishing you the very best throughout the holidays.


Warm regards,


Marty Ellin, Executive Director

Atlanta Volunteer Lawyers Foundation



Visit our website to learn more about AVLF's programs and services and/or to make an end of the year donation to our organization. Thank you for your support!

Tuesday, November 2, 2010

Finding Passion in Your Practice


by: Elizabeth Whipple, Staff Attorney, AVLF Domestic Violence Project

I don’t meet many lawyers who would ever choose to describe themselves as “passionate about the law.” I know a great many, however, who wish they could.

We all agree that you should do something you love, but finding that elusive something seems to be the trick. Many lawyers, in particular, seem to think they have chosen a career that does not allow for such a passion at all. I have heard countless lamentations from friends and colleagues who wish they were doing a vague something else over the concrete, but unglamorous, practice they have now.
How, exactly, do you set about finding out what kind of law you’re passionate about? Let’s face it – law school teaches you a great deal, but what it really means to practice law is not really covered. Job descriptions cannot really convey what a position actually entails, especially if the applicant has never practiced law. It’s all just words until you are thrust into the reality of a job. If only you could get that reality check before you ever left school… Oh wait. You can.

As a third-year law student, I was fortunate enough to participate in the first class of the Domestic Violence Legal Clinic at the University of Alabama School of Law. Under the auspices of the Third-Year Practice Act and the guidance of a supervising attorney, ten other students and myself represented survivors of domestic violence in divorces and custody cases in seven rural counties of Alabama. I participated in mediation, discovery, settlements, and hearings. I spoke Spanish with Spanish-speaking clients. I was exposed to the roller coaster of judges and courthouse politics in various locales. Before the one-semester commitment near its end, all but one of the eleven students in the clinic had petitioned the dean for permission to re-enroll for a second semester.

A significant part of my job now is supervising law students from Atlanta-area law schools who represent clients in court under the Third-Year Practice Act. Our office relies on these students to represent clients, and their ability to take on and manage cases is truly impressive. These students are practicing law, and few of their law school counterparts can claim similar exposure.

For some students, practical experience during or right after law school confirms a desire to continue doing similar or related work. It is a way to test and redefine what they want to do. I can say with confidence that the hands-on clinic experience clarified my career goals. I had gone to law school with the fuzzy notion of doing something with women and children’s issues, and after two years, I had decided family law would be my focus. But it was not until I began to practice in the clinic that I really learned what the practice of family law entailed. For me, it was a natural fit. As a result, I committed myself to the pursuit of a family law job, with a strong bent towards domestic violence issues.

For some, perhaps the experience more broadly influences their career decisions. Leslie Hinrichs, a recent graduate of the University of Georgia School of Law, says, after three months volunteering with the Domestic Violence Project while awaiting bar results, “I am starting to realize the practical benefits of a career in public interest law. Specifically, I'm starting to see that public interest jobs generally provide much more interesting work and a more relaxed, pleasant work environment than working at a law firm.”

For others, a practical experience may sway students in the other direction. One Emory law student had this to say about her experience representing clients seeking Temporary Protective Orders through the Domestic Violence Project at AVLF: “The nature of the work is different than I was expecting, not in a bad way, but in a way that I'm glad I know about now, rather than at my first job. I absolutely want to be a full time public interest lawyer, but I'm realizing through my experiences both with 3rd year practice act work and also with general DV work that individual advocacy may not be for me. “

In any economy, focus, goals, experience and confidence in what you seek to do is a boon. “As a third year law student, I feel like my experience at AVLF will give me a competitive advantage over other students who do not have similar field placement experience. I now know I will be able to competently represent clients in the courtroom, and that confidence will prove to be an enormous asset,” says Catie Fulton, 3rd-year law student at Emory. Catie is not alone.

The bottom line is that there is no substitute for real, practical experience, not just in finding a job, but also in enjoying that job once you have it. Whether that experience comes through a clinic, an externship/field placement, or a volunteer opportunity, direct contact with clients, courts and attorneys, practical experience is invaluable early in a lawyer’s career. I can say from my own experience and the feedback of people I have worked with that such experience can also plant the seed of desire to commit to public interest work, be it full-time or as a dedicated volunteer. And while nothing can guarantee you’ll find that sought-after passion, the insights gained certainly up your chances.

The Heart and Soul of What We Do!

By: Tamara Caldas, Managing Attorney, AVLF

Last week I answered a phone call from a woman in North Georgia who had just lost an eviction hearing and was ordered to leave her home in seven days. If she remained in the home after that time, she, her toddler, her 17 year-old, and all of their belongings would be thrown to the curb. She is a survivor of domestic violence. With help from the local legal services office, she had secured a temporary protective order that required her husband to provide some support for her and her children.

The husband’s check to her had bounced, which in turn caused her rent check to bounce. She was completely alone at the eviction hearing and hardly had an opportunity to speak in her own defense – a defense which, admittedly, would have consisted largely of a plea for sympathy: She had had every intention of paying her rent in full and on time, but her circumstances left her no choice but to rely for money on the good faith of a man who had already destroyed her sense of personal safety and human dignity by physically abusing her. The law and the legal process allowed him yet another way to damage her – losing her home.

Dispossessory law does not concern itself with why a tenant did not pay the rent, but rather that she did not. Even so, the outcome of this eviction may well have been different had this woman been represented by an attorney would have described her circumstances to the judge or negotiated for more time with opposing counsel. I took a deep breath as I swept away my feelings of dismay about how people experience our legal system. Although she lived 100 miles from AVLF’s service area, and it was not immediately clear that there was anything we could do to help her, I continued to listen and comb my head and my heart for legal options she might have.

Yes, this woman could file a motion for contempt against her husband in the court that issued the temporary protective order, but would that court have jurisdiction to stay the eviction? Even if it did, how could she convince the court to pay attention to her quickly enough to make this relief meaningful? Even if her husband were held in contempt, this did not mean he would immediately pay her the money she needed to pay the rent. She could appeal the order of eviction to buy herself some time, but the law requires that she deposit the full amount owed into the court registry in order remain in the house while the appeal is pending. But she still didn’t have the money to pay the rent and there really did not seem to be anything to appeal. I went on like this in my head even as I continued to listen to her voice getting higher and more strained. I know that sound – it is the sound of helplessness, anxiety, fear and exhaustion.

So I found myself turning from lawyer to social worker – pulling up what I had learned from our Domestic Violence project about safety planning. I asked if she felt safe, if she had anywhere else she could go. She had one friend who could take her in, but how could she get her stuff packed, moved and stored in just a few days? I found the number for the domestic violence task force in her community and asked if she had reached out for help. She had: they could take her and her daughter into a shelter, but not her teenage son. They could pay to move and store her belongings, but only if she moved into the shelter. She wouldn’t abandon her son. She finally asked if I would call the Governor to stop the eviction.

The story continues, and there may be some resources to which we can direct her through our network of partner organizations, but I’m not sure. I won’t be calling the Governor.

I tell this particular story, and not the story of a successful pro bono representation or a promising new project, because this is a largely unsung part of our jobs at AVLF as at so many non-profit organizations. We do not always have a quick answer, a legal remedy, a source of relief for people who call our phones suffering and crying out for help. Legal problems mix with financial and social problems in ways that we cannot easily untangle or solve. These phone calls and contacts with clients are part of the everyday challenge of our work. These voices are unscreened when they reach us – they are the voices of people in all of their raw emotion, and often we are the last or one of the last of dozens of places they have called for help. There are times that all we can do is be present and listen with compassion.

So, I want to acknowledge the work of the administrative assistants, paralegals and lawyers on the frontline of this work who listen with patience and active interest. Your work cannot always be measured in “outcomes,” but it is the heart and soul of what we do. Thank you for listening.