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Home > Three Rivers Legal Services, Inc. > TRLS-April-eNewsletter
TRLS April eNewsletter
Three Rivers Legal Services, Inc.

serving seventeen counties throughout North Florida

Issue 2
May, 2011


From the Director's Desk

If we continue to work, volunteer, donate, sacrifice, and adhere to the oath we took as members of the legal profession, we will never be content with rationing justice. Justice will be available to those who can't afford to pay lawyers and mount expensive offenses or defenses. At Three Rivers, we are trying our best, in the face of funding cuts, to provide access to justice for all.

We cannot do it alone, and it takes all of our effort and time to produce successful outcomes for people living in poverty. I am encouraged by the increased response from the private bar, and I hope this is just the beginning of an even more fruitful partnership. The staff and board are always grateful for the help we receive when you participate in our clinics, take cases, contribute funds, mentor and teach. The TRLS Pro Bono staff is constantly designing new ways for you to assist us. We will continue to call on you for help and look forward to your positive responses.

Pro Bono/CLE Training

Pro Bono Spotlight...

Ronnie Hicks
Tax Defense Network
Ronnie Hicks, from the Tax Defense Network, in Jacksonville, has instituted a creative and easy way to raise funds for Three Rivers Legal Services.

Each Friday at Tax Defense Network is Dress-Down Day... for a small fee. Funds collected for the privilege of dressing down are then sent to a charitable cause and our Low-Income Tax Clinic was chosen in April. It's a WIN-WIN situation for everyone! The Tax Defense team gets to work in a more comfortable atmosphere and support a worthy cause and TRLS receives increased funding to carry on the good work of justice for all!

According to Erica Shaffor, our resident tax expert, Ronnie is also known as "My absolute favorite pro bono tax attorney! He takes every case I send him. Wouldn't it be great if we had more pro bono attorneys like him?"

Indeed it would. Thanks, Ronnie!


In more Pro Bono News...

TRLS held a very successful Family Law training session on March 25th at Santa Fe College, with 41 attendees from the 8th and 3rd Circuits. Special thanks go to our guest speakers, Thomas E. Stone, Esquire, (TRLS Board of Directors member and 3rd Circuit Attorney), Professor Steven Willis (UF College of Law Tax Program), and Jack Nettles, Esquire, (Board Certified Family Law practitioner and 8th Circuit Attorney).

"Workable Unity: Judicial Perspectives", an Ethics CLE luncheon, was held on April 14th in Lake City, with special guest speakers: Florida Supreme Court Justice, Peggy Quince; Circuit Judge, Leandra Johnson; and Chief Circuit Judge, David Fina from the Third Judicial Circuit. There were 57 attendees (4 law students, 2 NAACP members, 1 paralegal, 8 judges, and 42 attorneys).

The attendees learned about the different personality styles of their peers in hopes of fostering better interpersonal relations between the bench, bar, and community. The judicial panelists discussed the importance of professionalism,
Miaya McCray, Black Law Students Association;
Sheree Graham, Josiah T. Walls Bar Association;
FL Supreme Court Justice, Peggy Quince;
Three Rivers Legal Services, Inc. Staff Attorneys,
Staci Chisholm, Najah Adams, Gloria Walker, Losmin Jimenez
diversity, and cultural competency within the profession. They each shared personal stories regarding their experience as either attorneys and/or jurists. This highly successful event was made possible by a grant from The Florida Bar with support from the Third Circuit Bar Association, Third Circuit Association of Women Lawyers, Josiah T. Walls Bar Association and Three Rivers Legal Services, Inc.

Good Outcomes

Gainesville - $118,000 won in Social Security Income

Our Gainesville office, which works with many SSI/SSD clients, recently won $118,000 in back benefits for seven individual homeless clients who had been living in the woods or at the St. Francis Shelter. They now have an average of $830 each in monthly benefits as well as Medicare and/or Medicaid, allowing them the ability to obtain housing and receive medical care as well. Most importantly, though, it has allowed them the dignity and quality of life to which they are entitled.

Jacksonville - Mortgage Foreclosure Prevention

The Jacksonville office first met this client in April 2009 when he was served with a complaint for foreclosure. He had been working two jobs to pay the mortgage and keep up with the bills, but had recently lost one of his jobs. His wife got a job, even though they have seven children at home, but it wasn't enough to bring their mortgage current.

He contacted a company purporting to save homes from foreclosure. They accepted his money and told him not to worry about filing anything in court because they would take care of it. He then contacted a HUD certified negotiating agency, and contacted the loan servicer directly. He was told by the loan servicer they could help him modify the mortgage loan. He was understandably surprised when he learned his home had been set for sale since he had been assured everything was handled properly.

Our client contacted the police and reported the company. The Florida Attorney General's Office refunded some of his money, but the sale was still pending. He contacted the loan servicer again and was told they would help him and stop the sale. This information was not forwarded to the lender's attorney, however, who refused to cancel the sale scheduled for just five weeks away. This family of nine had no where to go if the sale continued.

We filed a motion to cancel sale based on what had transpired. The Clay County Circuit Court granted the motion on a temporary basis while client sought a modification. The sale was rescheduled and canceled an additional two times. In April 2010 client entered into a modification agreement with the lender, which reduced his mortgage payments to an affordable rate. He made all scheduled payments until November 2010 when the lender informed him they would no longer accept payments and he must reapply for a modification. The bank also refused his payments in December and January. Without notice to client's counsel, the bank obtained a new sale date.

We filed yet another motion, this time to vacate the final judgment and cancel the sale. The plaintiff argued the modification was not signed by the bank, but the Judge found the bank's acceptance of payment constituted an acceptance and ordered the three refused payments tendered by our client made payable at the end of the term of the modification agreement. "I don't like what the bank is doing here", added the Judge.

A final determination of the case and request for attorney's fees is to come, however, the client and his family are overjoyed with the outcome and we are happy to keep one more family in their home. 

Lake City - Justice for a Disabled Veteran

The Lake City office recently filed an appeal to the First DCA on behalf of a disabled veteran who was having $446 garnished from his $651 Social Security Disability check, which was his only source of income. The Florida Department of Revenue failed to provide him with proper service.

The trial court entered an Income Deduction Order even though the client had never received notice or had an opportunity to be heard, which are requirements for procedural due process. The trial court lacked jurisdiction, but entered the Income Deduction Order. We appealed and the First DCA reversed the trial court's decision.
AmeriCorps

In March, Hoa "Tee" Ho, new AmeriCorps attorney, participated in the UF Asian Pacific American Law Students Association's Annual Conference at the University of Florida. The event began with a reception with keynote speakers and a photo documentary on human trafficking by Jenny Do, a renowned philanthropist, human rights activist, and attorney from California.

         
                                       Tee Ho (2nd from right)

Other speakers included several professors from the University of Florida, A
sian American attorneys from across the nation, Magistrate Jo-Anne Yau (one of the few Asian Americans sitting on a judiciary bench), and the Boat People SOS. Tee participated in a panel discussion regarding the challenges Asian American attorneys face in and out of the courtroom and career choices in the economic downturn. Discussions emphasized the importance of practical experience and provided information on great volunteer opportunities for law students, young lawyers, and pro bono attorneys. Tee was on the panel to discuss the various career opportunities through AmeriCorps, legal services organizations, and public interest in general.

Other News

We recently received a mini-grant from the Florida Department of Elder Affairs to collaboratively host, with our local aging resource, Elder Options, community educational events on consumer law topics for the benefit of local seniors.

Events will be scheduled in the month of May to coincide with the Older Americans Month and Elder Law Month.
Your support makes possible our continued success in bringing justice to low income residents throughout North Florida. Thank you for all you do.

Allison Thompson, Executive Director
Three Rivers Legal Services, Inc.

In This Issue
From the Director
Pro Bono/CLE Training

Good Outcomes

AmeriCorps Activity
Advocacy

Save the Date
Quick Links
Donate Now
More About Us
Our Locations

How You Can Help
Advocacy
Economic uncertainty and limited resources force difficult decisions on a daily basis by our advocates. There are many in need of assistance from TRLS. This includes those who have never before anticipated the need for free legal services; let alone expected to qualify for them. Well-reasoned triage is difficult, but necessary. Effective and efficient case handling is indispensable. Outreach to ensure those in need know they can turn to TRLS, nonetheless, is extremely important. This includes rural outreach. Pursuit of our pro bono initiatives to enlist the aid of private practitioners must be accomplished. Confronted with these pressing needs, our advocates persevere, appreciative of the opportunity to serve. Fighting to make a difference is a privilege shared by each of them.

Rod Runyons
Advocacy Director


Save the Date
Pro Bono Basic Consumer Law Training
(CLE pending)

June 15, 2011

Lynn Drysdale, Esquire
Jacksonville Area Legal Aid, Inc.

(Motor Vehicle Sales & Financing, Buy Here/Pay Here, Pay Day or
Check Cashing Loans, Repossession and Deficiencies)

The Honorable
Thomas M. Jaworski
Administrative Judge
Alachua County Court

(A View from the Bench)

Judy R. Collins, Esquire
Three Rivers Legal Services, Inc.

(Post Judgment Garnishment and Collection Protection, Credit Repair Scams, Home Sales and Solicitation)

Santa Fe College
3000 NW 83rd Street
Gainesville, FL

9:30 am - 3:00 pm
Lunch will be $10.00

This free training is intended for 3rd & 8th Circuit attorneys interested in learning
more about consumer law; space is limited.

If you would like to attend please contact

jennifer.cox@trls.org
or call
(386) 752-5960

to confirm availability



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