LANC News Legal Aid of North Carolina, Inc. Legal Aid of North Carolina Offices LANC is a statewide, nonprofit law firm that provides free legal services in civil matters to eligible, low-income people in all 100 counties in North Carolina through 24, geographically located offices. The Newsletter of Legal Aid of North Carolina, Inc. LOCAL ADVISORY COUNCIL LANC-Winston-Salem Office Ahoskie y WinstonWinston-Salem y Morganton y Sylva y Celeste Harris, Esq., Chair y Boone y y Durham Greensboro y Asheville Gastonia y Concord Charlotte y y Monroe y y y Pittsboro Raleigh y Sanford Maynard & Harris, Attorneys At Law, PLLC Winston-Salem Rocky Mount Wilson y y Goldsboro y Smithfield Barbara Knotts, Vice Chair King y Greenville New Bern Wanda Allen-Abraha, J.D. Human Relations, City of Winston-Salem Winston-Salem y Professor Luellen Curry, Esq. y Fayetteville Wake Forest University School of Law Winston-Salem y Pembroke Vernal Gaston Winston-Salem Wilmington y Tammy Gore Winston-Salem DeWanna Hamlin Family Services, Inc., Winston-Salem Hada Haulsee, Esq. Thank you Summer 2009 Law Clerks!!! Womble, Carlyle, Sandridge & Rice, PLLC Winston-Salem Paul Shepard, Esq. Winston-Salem Garry C. Wadell Human Relations, City of Winston-Salem Winston-Salem Diana Williams-Cotton Legal Aid of NC-Winston-Salem Office 102 West Third Street, Suite 460 Winston-Salem, NC 27101 Winston-Salem The Honorable William Z. Wood, Jr. Superior Court Winston-Salem Gloria Woods, Esq. Assistant County Attorney Winston-Salem LANC-Winston-Salem Office Liberty Plaza 102 West Third Street, Suite 460 Winston-Salem, NC 27101 336-725-9162; 866-219-LANC (toll-free) R. Yvette Stackhouse, Esq. Managing Attorney Providing free legal services in civil (non-criminal) matters to low-income people primarily in Davie,www.legalaidnc.org/winstonsalem Forsyth, Iredell, Stokes, Surry and Yadkin Counties. LANC News, August 2009 Page 8 LANC News, August 2009 Our Mission: Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. LANC-Winston-Salem Office Special Edition August 2009 LANC-Winston-Salem Office Reflections of 2009 Summer Law Clerks by Liza Baron This summer, our office has been flowing with the energy of seven bright, young, energetic law clerks. Every summer we look forward to their arrival. And again our summer was enhanced by the unique personalities each of the law clerks, their strong work ethic and special approaches that each utilized while working on their cases. Our law clerks worked full-time for ten weeks and 2009 Summer Law Clerks, LANC-Winston-Salem Office were exposed to all three areas (l-r) Jeffrey Kowalski (Wake Forest University School of Law); Megan Pinkney (Wake Forest of law in our office: Family University School of Law); Daniel Joyce (Elon University School of Law); Becky Cacaci (Elon Law Unit, Benefits Law Unit University School of Law); Jonathan Williams (Wake Forest University School of Law); and the "HEEC Unit" (Housing, Beverley Smith (NC Central University School of Law); Kyle Fountain (Wake Forest University School of Law). PHOTOS BY DAVID SOBIE Education, Employment and greatly for the help they maze that often confronts our Consumer law Unit). Two provide with our cases. Our clients on various forms of clerks at a time were assigned to each unit, and they rotated clerks have conducted client government assistance. In this, our second annual between the units every 3-4 interviews, researched critical legal issues for our cases that "Special Edition" newsletter, weeks. That gave them an are stories from our clerks opportunity to work “Our clerks have conducted client interviews, in each area of the researched critical legal issues for our cases themselves about what they've law, and also to work that helped decide the issues at hearings, learned and experienced this with every advocate helped us prepare for hearings, represented summer. We hope you will enjoy clients and helped us and our clients work in our office. through the bureaucratic maze that often their stories as much as From e a c h confronts our clients….” we have enjoyed reading advocate they learned - Liza Baron them. different sk i l l s , _______________________________ helped decide the issues at tactics, tips and approaches to the cases and the clients. In hearings, helped us prepare for Liza Baron is the managing attorney of the HEEC (Housing, Education, addition to assisting attorneys hearings, represented clients Employment and Consumer) Unit in and helped us and our clients and paralegals with their cases, Legal Aid of North Carolina’s the clerks also attended court work through the bureaucratic Winston-Salem Office. with the advocates. They also attended and assisted with the Inside this issue: “Reflections of 2009 Summer Interns” pro se clinics that our office provided to the public. f Becky Cacaci, Rising 3L, Elon University School of Law………………..….2 Some of the clerks even represented clients in hearings f Kyle Fountain, Rising 3L, Wake Forest University School of Law……….…..2-4 themselves, with supervision f Daniel Joyce, Rising 2L, Elon University School of Law……………......…...4-5 from attorneys. Also, one of our law clerks was assigned to f Jeffrey Kowalski, Rising 2L, Wake Forest University School of Law…......5 LANC’s state-wide Mortgage Foreclosure Project (MFP) f Megan Pinkney, MLK & Rising 3L, Wake Forest University School of Law...5-6 throughout the summer. f Beverley Smith, Rising 3L, NC Central University School of Law……..…...6-7 Not only are our law clerks fun company and enthusiastic f Jonathan Williams, Rising 2L, Wake Forest University School of Law.......7 learners, we also value them Legal Aid of North Carolina, Inc. LANC NEWS is the newsletter of Legal Aid of North Carolina (LANC). Send comments to: LANC News, Legal Aid of NC, 224 South Dawson St., Raleigh, NC 27601. Editor: Dock Kornegay. Executive Director: George R. Hausen, Jr., Esq. Legal Aid of North Carolina is a nonprofit, 501(c)3 law firm that provides free legal services to low-income persons in North Carolina through 24 field offices and six statewide projects. BOARD OF DIRECTORS Lisa Morgan, Esq., Chair North Carolina Central University, Durham Celeste M. Harris, Esq., Vice-Chair Maynard & Harris, PLLC, Winston-Salem Thomas S. Berkau, Esq., Treasurer Attorney at Law, Smithfield Phillip Leigh, Secretary Client Representative, At Large, Creswell Glenn A. Barfield, Esq. Barnes Braswell & Haithcock, PA, Goldsboro Susan Perry Cole NC Association for Community Development, Raleigh Helen Cook Client Representative, Southeast Region, Fayetteville Auley M. “Lee” Crouch, Esq. Block, Crouch, Keeter, Behm & Sayed, LLP, Wilmington Mary Flowers Client Representative, Statewide, High Point Sharon Greig Client Representative, Pantego Charles R. Holton, Esq. Womble Carlyle Sandridge & Rice, PLLC, Durham Samuel B. Johnson, Esq. Samuel B. Johnson, Attorney, PLLC, Greensboro Shirley Jones Client Representative, Rocky Mount Nellie Kearney Client Representative, Triangle Region, Henderson Gregg E. McDougal , Esq. Kilpatrick Stockton, LLP, Raleigh Derllarene Myers Client Representative, West Region, Wilkesboro Raymond E. Owens, Jr., Esq. Kennedy Covington Lobdell Hickman, LLP, Charlotte Kristoffer B. Shepard, Esq. Robinson, Bradshaw & Hinson, P.A., Charlotte Paul C. Shepard, Esq. Attorney at Law, Winston-Salem Ellen Shepperd Client Representative, Northeast Region, Williamston James M. Talley, Jr., Esq. Horack, Talley, Pharr & Lowndes, PA, Charlotte Mary Ann Tally, Esq. Center for Death Penalty Litigation, Durham Alice Tejada, Esq. Scrudder & Hedrick, Raleigh John R. Wester, Esq. Robinson, Bradshaw & Hinson, PA, Charlotte Diana Williams-Cotton Client Representative, Triad Region, Winston-Salem S. Kyle Woosley, Esq. Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro LANC News, August 2009 Legal Aid of North Carolina, Inc. questions I would ask during the hearing. Several days before the hearing, I met with the client and the supervising attorney to prepare her for the hearing and go over the During my time at questions that would be asked during the Legal Aid of North hearing. In addition to the direct Carolina (LANC), I have examination, I prepared a closing statement been fortunate to have and learned about the procedures to be used been exposed to the during the hearing. Although my hearing is still a couple of events that make up the day-to-day life of an attorney that you do not get to experience days away at this point, I feel that this experience so far will help me to become a while in law school. I have interviewed clients, prepared successful attorney once I graduate from briefs, attended hearings and trials and dealt law school in the spring. It was my first with a variety of governmental agencies. hands-on experience with a client, as well as Many of our clients' stories have left an my first time doing all of the preparatory impact on me that I “Many of our clients' stories have left an work that goes into know I will keep impact on me that I know I will keep representing a client in a hearing or trial. with me when my with me when my summer is over….” - Becky Cacaci I truly believe that this is summer is over. This summer, I have represented one one of the benefits of working at LANC. such client in an appeal regarding her While many of my classmates are only Unemployment Insurance Benefits. The doing research this summer, I get to work client had actually been approved by the on my research and writing skills, while also Employment Security Commission for her learning other hands-on practical skills by benefits, but the employer appealed that interacting with clients and actually having decision. She then contacted LANC to the opportunity to represent clients in represent her during her appeal hearings. hearing, and I was assigned to represent her with a supervising attorney. Kyle Fountain Her case was rather strong, as indicated Rising 3L by the initial approval of her benefits. She Wake Forest University School of Law had worked as a mental health specialist for My story may be a bit almost nine years, spending the past year different from the rest, as and a half at the job from which she was my experience here was terminated. The company for which she a bit different. Rather was working was rather new and kept than doing the normal changing its procedures in an effort to find the best way to run efficiently. However, rotation through the benefits, family and the constant change in protocols affected the HEEC units, I had the privilege of working client, and she was unable to keep up with exclusively with the Mortgage Foreclosure Project throughout the summer. While this the demands being made by her employer. Additionally, they switched her from assignment did not afford the time to salaried to hourly work, and she was only experience the wide variety of cases and paid for the hours she spent in face-to-face issues that the other interns may have dealt time with her clients. This meant she did with, this focus allowed me both to “dig in” not receive any wages for the time she spent and watch how a client’s case develops over on administrative work, traveling, etc. She time and to develop my understanding of a would spend 50 hours a week on the job, particular facet of the law. Much of my work involved contacting while only getting paid for the 40 hours of hands-on client time. And as a single mom, lenders and other agencies in order to find she had to take care of her child as well. alternatives to foreclosure for our clients. She fell behind on her administrative work, To meet this goal, I usually worked to and received a disciplinary letter. A week obtain loan modifications, which involved later, without receiving any further warning discussing financial information with both clients and lenders. I also assisted with or plan of correction, she was terminated. I had just under two weeks to prepare for some bankruptcy cases by researching the Unemployment Insurance Benefits specific issues and preparing documents for hearing. With the guidance of the filing with the local bankruptcy court. In supervising attorney, I did a preliminary addition, I also assisted with cases involving interview over the phone with the client, and short sales and loans. (Continued on page 3) based on that interview, created the Becky Cacaci Rising 3L Elon University School of Law Page 2 My next task was to search for assets owned by the adverse party. After a search on the Register of Deeds' website, I learned that the adverse party had transferred title of his property to another person within days of the judgment against him. I asked my supervisor about the transfer, and he told me that if the adverse party legally divested himself of his interest in the property, we could not challenge the property transfer. The arrangement was suspect enough for me to keep digging. I found North Carolina's version of the Uniform Fraudulent Transfers Act and researched when the court can find that a transfer was fraudulent and what remedies creditors had against such a transfer. Our facts looked promising. I happily informed my supervisor of my discoveries. I had a unique case, as this area of law doesn't come up often at LANC. And again, I had the opportunity to learn practical skills. While I could have done the legal Jonathan Williams research anywhere, my internship allowed me Rising 2L the opportunity to research and interpret Wake Forest University indices and registers and their documents. I School of Law Working in Legal Aid cross-referenced my deed research with the of North Carolina’s county tax office, further expanding my (LANC’s) Winston-Salem knowledge of how to be a successful lawyer. Currently, we are waiting to see if the office has been a wonderful experience, and a chance to Sheriff's office will execute the writ and learn on several levels. “I've had the opportunity...to learn by collect on the judgment. I've had the opportunity to watching Legal Aid advocates in action. Should our client fail to practice my legal research Their example has taught me a lot about collect, our office then attorney….” has the opportunity either and writing skills, client how to be a -successful Jonathan Williams to represent her in an atinteraction skills and, most importantly, to learn by watching LANC tempt to void the possibly fraudulent advocates in action. Their example has taught transaction, or at least to advise her of her me a lot about how to be a successful attorney. right to do so with the help of a private My learning began with my very first attorney. It is rewarding to have a chance to assignment. LANC attorneys had helped help people like our client. I am grateful to LANC for the opportunity obtain a judgment against a used car dealer who had unlawfully repossessed her car. Her to help both its advocates and its clients. I am case was different from other LANC cases in grateful for the opportunity to hone my that we were attempting to enforce a judgment research and writing skills. I am especially in favor of our client rather than helping a grateful for the opportunity to learn how an client assert her exemption rights against an attorney works — how he/she interacts with clients, judges, clerks, case workers and adverse judgment. My first task was to serve a notice of rights adverse parties. Thank you Legal Aid of and exemption forms on the adverse party North Carolina!!! (whereas later in the summer I helped our clients fill out the same forms, as judgment debtors on the opposite end of the process). In addition to being a primer in enforcement of Interested in judgments and exemptions, the process was an Summer Internships? introduction to the legal system itself. I was astounded at what I didn't know: to See the column (page 4 of this newsletter); whom to direct the forms, how many copies, “About Summer Internships how many return envelopes, whom to call, etc. at Legal Aid of North Carolina” Learning the mechanics of getting something done between the clerk's office and the OR, visit the Legal Aid of North Carolina website: sheriff's office was as useful as anything I www.legalaidnc.org learned all summer. (Reflections, continued from page 6) this case law research, and the action was dismissed a second time. Overall, my experience with LANC has helped me to better define my career aspirations upon completion of law school. I enjoyed the opportunity to explore the myriad of legal issues confronting LANC clients, such as landlord/tenant issues, employment, domestic violence, consumer problems, and benefits. Prior to this internship, I was apprehensive about the prospect of litigating; however, this fear has subsided as a result of observing the LANC attorneys model confidence and preparation when litigating a case. I believe this internship has exposed me to invaluable lessons that are not always included in a law school curriculum. I value all of the lessons I take away from this experience. LANC News, August 2009 Units & Areas of Law LANC-Winston-Salem Office Family Law Unit Family Law: Domestic Violence Protective Orders; No Contact Orders for Stalking or Non-consensual Sexual Conduct; Emergency/TemporaryChild Custody. Housing, Education, Employment, Consumer (HEEC) Unit Housing (private & subsidized): Illegal padlocking; illegal utility shut-off; repair issues; evictions; denial of subsidized housing; foreclosure on rental property. Education: Personal Education Plans (PEP); school suspensions and expulsions. Employment: Unemployment compensation hearings; wage and hour claims; discrimination claims; expungement of criminal records; wrongful termination; FMLA claims; ADA claims; retaliatory termination. Consumer: Repossession of vehicles; contract disputes; debt collection defense; judgment collection (exemptions); bankruptcy (Chapters 13 and 7 only); mortgage foreclosure defense; predatory lending; unfair trade practices and other consumer matters. Public Benefits Unit Disability: SSI/SSDI and Medicaid denials and benefits; overpayment, reduction and termination issues. Food Stamps/Work First: Food stamp denials, reduction, and overpayment issues; Work First termination, non-compliance issues. For questions, call the LANC-WinstonSalem Office, 336-725-9162, or visit the LANC-Winston-Salem Office webpage at: www.legalaidnc.org/winstonsalem Page 7 Legal Aid of North Carolina, Inc. Staff The staff of the Legal Aid of North Carolina — Winston-Salem Office provides legal assistance in civil matters (non-criminal matters) to eligible, low-income clients who have problems with their basic needs and live in the six-county area surrounding Winston-Salem, NC: Davie County, Forsyth County, Iredell County, Stokes County, Surry County or Yadkin County. R. Yvette Stackhouse Managing Attorney Liza A. Baron Managing Attorney (HEEC Unit) Valene K. Franco Managing Attorney (DV Unit) Keith T. Clayton Staff Associate, MFP Samantha Davis Paralegal Lisa L. Brace Staff Attorney Louella W. Brannan Office Administrator Emma Clark Staff Attorney Marcella L. Farmer Staff Attorney, DVPI Stephanie M. Goldsborough Staff Attorney Susan W. Gottsegen Staff Attorney Linda L. Graham Paralegal Gricel Guerrero Paralegal Charles F. Hall, IV Staff Attorney Romany H. Hines Paralegal Kristin R. Kelly Staff Attorney John R. Lawson Staff Attorney, MFP Kenneth Love Staff Attorney Joanne B. Martin Paralegal Jeanna G. McCullers Staff Attorney Harrietta E. Mickle Paralegal Margaret A. Moll Intake Specialist Tracy M. Nicholson Paralegal David A. Sobie Paralegal Jean L. Witherspoon PAI Coordinator Nikki A. Worthy Paralegal LANC News, August 2009 Legal Aid of North Carolina, Inc. an invaluable opportunity to reinforce what I chance to experience while in law school. I learned from my first year of law school, realized that each area of law is unique and while also receiving exposure to the role of an brings with it its own unique set of clients and attorney and the practice of law. issues. Often LANC’s clients confront a variety of The Family Law Unit’s domestic violence challenging issues in their lives. In order to cases can be very emotional and draining, but adequately serve these compounding issues, can be very rewarding when you know you LANC attorneys must be knowledgeable about helped your client take a stand against their a wide range of legal areas and assist clients in abuser. The “As I began to prepare for the hearing, a holistic manner. LANC attorneys Benefits Unit I realized that I was truly helping m u s t b e a b l e t o a d a p t a n d provided a way some one who felt helpless and did accommodate a spectrum of diverse for clients to not have anyone to turn to….” clients and apply innovation, flexibility - Megan Pinkney fight to get and patience since legal solutions are benefits they need to survive. Without LANC, not always apparent. our clients would not have a voice. I observed that attorneys are not restricted The most fulfilling experiences thus far to legal research or litigating in court. The have been my interactions with clients. This attorneys must also collaborate with various reminded me of why I decided to go to law agencies, organizations, and colleagues for the school. benefit of the client. One day this summer I came to the office to Moreover, the practice of law is not find a file laying on my desk. I met with the confined to clients under a legal LANC attorney who assigned me the file. She retainer. LANC attorneys work for the benefit informed me that this would be my case, my of their community by providing advice and very own client, and that she would be there counsel to individuals and offering the for supervision. I began to hear a loud noise, different LANC pro se clinics. These clinics only to realize that it was my own heartbeat. help empower individuals because participants After I left her office, I immediately sent leave the clinics with a better understanding of my parents an E-mail screaming, “Ahhhhhh I their legal rights under North Carolina law and have my very own client, save me, I am not how to proceed on their own. ready.” I followed my dad’s advice and got a One of the most rewarding experiences grip. during my tenure as a summer law clerk was I had once heard the activist Angela Davis when I was able to observe my legal research say that it angered her to see inaction and put into action for the benefit of a client. silence in the face of injustice. I “Overall, my experience with LANC Specifically, I was learned that someone must speak has helped me better define my asked to assist with a career aspiration upon completion case in the HEEC Unit for the voiceless. As I began to prepare for the of law school….” related to a subsidized - Beverley Smith hearing, I realized that I was truly landlord/tenant issue. helping someone who felt helpless and did not The landlord filed a summary ejectment have anyone to turn to. After I met with the action against the client based on non-payment client she said, “Thank you so much of rent. Neither the client nor the housing Ms. Pinkney. I appreciate everything you are authority knew their respective rental obligadoing for me.” When I heard those words tions to the landlord because the housing from my client, it hit me that I was fulfilling subsidy application was not processed timely, my dream and purpose. and the client's rent amount was adjusted due Hearing my client’s appreciation reminded to the changing circumstances in the client's me of the reason why I went to law school and life. The summary ejectment action was why I chose to work at LANC this summer. dismissed with prejudice since the landlord All of my nervousness went out the door. could not specify the exact rental arrears owed And at the hearing, the client received her by the client. restraining order and temporary custody of her Three days following the dismissal with children. prejudice, the landlord filed a second summary ejectment action against the client based on non-payment of rent. The assigned Beverley Smith attorney asked that I conduct legal research Rising 3L pertaining to res judicata and summary NC Central University School of Law ejectment. My research supported our legal argument that the landlord was barred by My summer internship res judicata to raise the second claim related to with Legal Aid of North non-payment of rent. The attorney relied on Carolina’s (LANC’s) (Continued on page 7) Winston-Salem office was (Reflections, continued from page 5) Page 6 receptionist, to the screener, to the paralegal or attorney, that client's story is heard and has value. Our advocates dig in, creatively fight hard and willingly stand with our clients. R. Yvette Stackhouse, Esq. Managing Attorney, LANC-W/S Office Teaching these lessons to those who are with us for a short time can be challenging. Last year was the first "Special Edition" In order to learn them, the students must be newsletter our office printed. The 2008 willing to ask the right questions, actively summer law clerks' articles generated so listen while suspending judgment and fight much positive response that we decided to to find resolution. When they do all of that, do it annually. I hope that all who read the their cups begin to fill up and they are soon reflections by our 2009 summer law clerks ready to practice law. are as moved as I am. I can hear their Frankly, our clients are the real teachers. excitement and wonder; I can feel their Almost every article that you read by our compassion; but most of all, I can see their clerks tells the story of a client who had a growing determination very real need and tells “Practicing law isn't done in a sterile and confidence. how that clerk was moved vacuum. It's compassionate people Every summer, our listening to real people with real to help. staff watches a new crop problems and creatively applying the Practicing law isn't of law clerks come into law in order to stand for justice….” done in a sterile vacuum. - Yvette Stackhouse our office, like empty It's compassionate people cups wanting to be filled up with all the listening to real people with real problems unique experiences our office can provide. and creatively applying the law in order to We have the honor of representing very stand for justice — that's the practice of law. deserving clients. Legal Aid of North Carolina has been Our staff uses each day's experiences to fortunate to have had the assistance of some make up the lesson plans from which we very wonderful students who are going to be teach the clerks. We don't have to create great attorneys. I'm extremely happy to them. Our clients provide them. And while know that our entire staff, from the many of their cases are meritorious, too receptionist to the most senior attorney, has many times their voices are not heard. had an opportunity to help them on their Their lack of money and knowledge causes journey. We thank them for their service them to stand alone. However, from the and we’d be happy to one day call time the client enters our office through the them colleagues!!! Update from Yvette... Thank you 2009 Summer Law Clerks! obtain a new home loan in order to On the first day of my clerkship, at redeem an existing mortgage. Within days approximately 3:30 in the afternoon, I of the anticipated closing date, the new received my first assignment. The attorney lender delivered a property inspection that handed me a four-inch-thick file and told included a long list of repairs that would be me, “This is a bankruptcy case that was required in order to agree to the loan. As a dismissed; I need you to research and write result, I had to find contractors who could a memorandum in support of our motion to submit estimates as soon as possible in reconsider that dismissal. The hearing is on order to ensure that the loan closing could Wednesday at occur before the 10:00.” I will admit “All in all, this summer has been an immensely previous mortgage experience, and I cannot imagine a that I started to rewarding wa s f or ec l o sed better preparation for a future career in law....” wonder what exactly upon. This was - Kyle Fountain I had signed up for, made more difficult as, at the time, I did not even know the as some contractors failed to follow up and difference between Chapter 7 and Chapter became difficult to contact. Eventually, we 13 bankruptcies! About a day later, we had reached the point of physically driving a a memo to submit to the court and I had contractor to the repair site. Although it learned more about bankruptcy law than in took significantly longer than expected, we my two years of law school. Although this were able to obtain and submit the required motion was unsuccessful, this case became estimates, and the client appears to be on one of the defining parts of my time here as track towards keeping her home. we continued to work in other ways to save The most dramatic event, however, was our client’s home. not a mortgage case, but instead involved a Another particularly memorable case mechanic who had allegedly performed (Continued on page 4) was one that involved a client who sought to (Reflections, continued from page 2) LANC News, August 2009 About Legal Aid of NC As the only Legal Services Corporation (LSC) funded program in North Carolina, Legal Aid of North Carolina (LANC) provides free, community-based, civil legal services in all 100 counties of North Carolina to those whose income falls below 125% of the federal poverty guidelines: Size of Family Unit 1 2 3 4 5 6 7 8 Maximum Income Level* $ 13,538 $ 15,613 $ 22,888 $ 27,563 $ 32,328 $ 36,913 $ 41,588 $ 46,263 * [The figures in this table represent 125% of the poverty guidelines by family size as determined by the US Department of Health & Human Services.] LANC provides legal representation and counseling in civil (non-criminal) cases only. Because of limited resources, LANC’s cases are generally limited to those that impact clients’ basic needs, including housing, access to medical care, protection from domestic violence, consumer protection and subsistence income. LANC of NC receives funding from LSC (45%), the NC General Assembly (27%), and IOLTA (Interest On Lawyers’ Trust Accounts) (11%). The remaining funds come from Title II funds for Older Americans, United Way, local governments, individual attorneys, foundations and other grants. Legal Aid of North Carolina offices also recruit and coordinate private attorney (pro bono) volunteers through local volunteer lawyers programs (VLP’s). For additional information on Legal Aid of North Carolina (LANC) and its offices, visit the LANC Internet website: www.legalaidnc.org. Page 3 Legal Aid of North Carolina, Inc. About Summer Internships at Legal Aid of North Carolina Internships are available at Legal Aid of North Carolina (LANC) during the summer months for law students who want to gain experience working in a public interest setting and desire an opportunity to do more than just legal research. Summer internships offer unique situations through which one might better understand the special legal issues facing people who live in poverty and low-income communities. In turn, the summer interns provide valuable and necessary service to the LANC offices/projects in which they are placed. LANC typically seeks opportunities for its interns to experience direct client contact, participate in administrative hearings (for those certified), draft pleadings and/or work on a case (under supervision). Types of Internships Martin Luther King, Jr. (MLK) Internships Summer, paid internships for current law students (usually 2L's) to participate in the work of LANC over the traditional 10-week summer internship period. Work/Study Internships Summer internships that are made possible through partnerships with law schools who offer work/study programs and who allow internship performance at LANC to displace loan obligation. Volunteer Internships Summer internships performed entirely on a volunteer (without pay) basis by law students. Otherwise funded Internships Summer internships for which the law student is paid through a source with the understanding that the internship is performed at LANC. Law students may indicate their interest in serving as a LANC summer intern by sending a letter (expressing your interest and preferences), resume, a writing sample (no more than 10 pages) and names/contact information of three (3) references to: Legal Aid of North Carolina Summer Internships 224 South Dawson Street Raleigh, NC 27601 LANC News, August 2009 Legal Aid of North Carolina, Inc. being there for the client to comfort her and repairs to a client’s car without her consent ease her mind about her grandchild's safety and demanded payment before returning was very rewarding. possession of her car to her. After I was proud to be a small part of assisting successfully obtaining a temporary this client. Her life is a bit easier by putting restraining order, the LANC attorney and I in place protections for her grandchild. I traveled with the client to deliver the order was proud to be on a team that showed deep to the mechanic and retake possession of the compassion for what our client was car. The mechanic flatly refused to return experiencing, while providing excellent the car, despite the court order, and again legal representation at the same time. demanded payment. We had to contact the The trial was far from easy, and the police for assistance, and the mechanic was protective order was difficult to obtain eventually persuaded to comply. because direct evidence from the deceased After he finally gave the client her key, daughter was unavailable. Our client was the mechanic verbally threatened both the forced to go through the painful recollection client and the LANC attorney in front of the of events but managed to establish grounds police! When we returned the car to the for the protective order to the satisfaction of client’s home, we noticed extensive damage the judge. We successfully secured a to the vehicle. An independent mechanic protective order for the client. later described the poor quality of both the Seeing all our work turn into a good parts and repairs, including that some of the outcome that really helped our client in a repairs had not even been performed, and time of real tragedy was very rewarding. the brakes were inoperable “My time at LANC showed me how much While we could not in their current condition. need there is in our community and change the past, we Despite all of these gave me a glimpse of opportunities to were able to help our problems, the client had a make a difference….” client move toward a - Daniel Joyce look of both joy and relief better future for the upon the return of her car. That look will family. stay with me for some time. Attending and assisting with the office's All in all, this summer has been an clinics impacted me as well. With its immensely rewarding experience, and I limited resources, LANC cannot take on all cannot imagine a better preparation for a clients that need its services. Empowering future career in law. I was able to learn not clients with helpful information that will only about the substantive law, but I also allow them to secure the legal outcome they learned important lessons about dealing need without hiring an attorney is a with opposing parties, due diligence and wonderful service available to the “going the extra mile” for clients. community. I met many clients that were Finally, I would like to thank all of the able to learn about their rights and how they attorneys and staff for the wisdom and can protect their rights in court, without assistance (not to mention patience!) that having to hire an attorney and pay they gave throughout this summer. significant legal fees. The clinics showed them how to file court documents and present evidence to help their case. They Daniel Joyce also prevented clients from being taken Rising 2L advantage of because they did not know Elon University their way around the court system. It was a School of Law great learning experience that will stick with Clerking at Legal Aid me throughout my career. of North Carolina My time at LANC showed me how much (LANC) this summer need there is in our community and gave me was a great opportunity a glimpse of opportunities to make a to learn and gain difference after I graduate from law school. valuable experience. I had the chance to My ultimate goal is to work with work with and assist clients who had low-income clients, and the opportunity to complicated legal problems. work at LANC this summer is an experience One specific experience that deeply I will not forget. impacted me was assisting our staff (Reflections, continued from page 3) attorneys with a domestic violence case. Our client needed to get a protective order on behalf of her grandchild against his father. The father was charged with the murder of her daughter, and our client was obviously emotionally distraught. Simply (Continued on page 5) Page 4 me a chance to write a memo not only in of our client's position, but also for Jeffrey Kowalski support the purpose of putting a stop to the law Rising 2L collection agency's illegal practices. I hope Wake Forest University the impact of my research and writing will School of Law As a rising 2L with not only aid our client, but will also prevent an undergraduate degree the creditor from taking advantage of in Parks, Recreation, and people in the future. The third and final rotation came in the Tourism Management, I did not have any legal Family Law Unit. These are often the most experience entering my first summer sensitive cases, with dramatic custody and internship. As a result, I sought out a domestic violence issues. In addition to the day-to-day activities in well-rounded experience that would give me a chance to apply my first-year of legal each of these areas of the law, there were education to real world legal issues. Legal plenty of other unique opportunities at Aid of North Carolina (LANC) turned out LANC. These included intake interviews, to be the perfect place to gain exposure to in which I got a chance to sit down with actual practice and engage in a variety of new clients to pull out the facts of their case to see how LANC could resolve their legal duties. I was immediately tackling benefits issues. I also assisted attorneys at their cases the first day “Legal Aid of NC turned out to be the clinics, in which the LANCof work. I worked perfect place to gain exposure to Winston-Salem Office invites with a client who actual practice and engage in a anyone from the community to come and learn about a specific was shot in the variety of legal duties….” - Jeffrey Kowalski area of the law. spine and had been There was also plenty of opportunity to confined to a wheelchair for many years. He lived a very active lifestyle and was a shadow attorneys during hearings and football coach at a local high school. watch litigation. I watched the attorneys Unfortunately, he had few family members argue for domestic violence protective to drive him around, so he relied on the orders, and defend against fraud and help of a subsidized nursing program to wrongful denial of unemployment travel to activities. When the government compensation. The summer internship greatly expanded cut off his transportation service, a staff my substantive knowledge of the law, as attorney came to us to figure out how we well as giving me an idea of what real could get this benefit back. In the following weeks, I worked on lawyers do. In addition, it was great to see dozens of other cases in which clients had lawyers in practice making a positive been wrongfully denied food stamps. I also impact on the individual lives of their wrote drafts of two briefs that helped a staff clients and on society. attorney argue before an Administrative Law Judge that her clients should be Megan Pinkney provided disability benefits. Each case was MKL Intern & Rising 3L promising and LANC's assistance should Wake Forest University School of Law provide the clients with a steady future income and thousands of dollars in back As a Martin Luther pay. King, Jr. (MLK) summer I was exposed to a variety of new tasks intern with Legal Aid of and a whole new area of the law as I moved North Carolina’s into the HEEC unit on week four of the Winston-Salem office internship. The types of cases I saw this summer, my LANC clerkship provided inc lud ed mor tg ag e f or ecl o sur e s, a unique experience that law school does landlord/tenant disputes, expungements, not provide. At LANC, you never know unemployment compensation cases and what you are going to get. One day you unfair debt collections. may feel like trying to lead your client in My major project dealt with a client who the right direction to get their life in order. was denied due process of the law when his The next day you may be zealously bank account was drained by a creditor advocating for them in court. LANC has without prior notice. It was the result of a opened my eyes to the public interest field. routine practice by a major debt collection This clerkship exposed me to various agency that had been manipulating the law areas of law that I would not have had a and ignoring legal procedures in order to (Continued on page 6) collect on debts. The staff attorney gave (Reflections, continued from page 4) LANC News, August 2009 Martin Luther King, Jr. (MLK) Summer Internships An opportunity to make a difference… Each summer, Legal Aid of North Carolina (LANC) awards paid internships to current law students to participate in the legal services work over the traditional 10-week summer internship period. The summer internship program is named in honor of Dr. Martin Luther King, Jr. and is funded in part by contributions from IOLTA, Lawyers Mutual Liability Insurance Company and the NC Bar Association Foundation. The Martin Luther King, Jr. (MLK) Internship is an integral part of the LANC's dual goals to: (1) reduce the inequities in our legal system by ensuring that poor people, minorities and victims of domestic violence receive equal justice; and (2) to initiate new lawyers to the lifelong commitment of providing access to justice for all individuals regardless of their ability to pay. The MLK program places talented law students into the real world of legal aid advocacy in order to work on actual cases. MLK interns experience client contact, courtroom participation and legal research and writing on actual cases under the supervision of seasoned legal aid attorneys. Each day of the internship, MLK interns are challenged to put classroom training and talent to work on behalf of the many needy individuals that LANC serves and to work creatively to reduce the barriers to a more just society. Each MLK intern is treated as a valuable member of the legal staff and is expected to participate in case strategy and contribute to overall case management. LANC typically places summer MLK interns in each of the 24 LANC field offices and in the offices of Advocates for Children Services (Durham) and the Farmworker Unit (Raleigh). Applications for MLK Summer Internships: Initial review of applicants typically begins October 30th prior to the summer of employment. For additional information, visit the “Internships” webpage of the LANC Internet website: www.legalaidnc.org/public/participate/ internships.aspx Page 5 Legal Aid of North Carolina, Inc. About Summer Internships at Legal Aid of North Carolina Internships are available at Legal Aid of North Carolina (LANC) during the summer months for law students who want to gain experience working in a public interest setting and desire an opportunity to do more than just legal research. Summer internships offer unique situations through which one might better understand the special legal issues facing people who live in poverty and low-income communities. In turn, the summer interns provide valuable and necessary service to the LANC offices/projects in which they are placed. LANC typically seeks opportunities for its interns to experience direct client contact, participate in administrative hearings (for those certified), draft pleadings and/or work on a case (under supervision). Types of Internships Martin Luther King, Jr. (MLK) Internships Summer, paid internships for current law students (usually 2L's) to participate in the work of LANC over the traditional 10-week summer internship period. Work/Study Internships Summer internships that are made possible through partnerships with law schools who offer work/study programs and who allow internship performance at LANC to displace loan obligation. Volunteer Internships Summer internships performed entirely on a volunteer (without pay) basis by law students. Otherwise funded Internships Summer internships for which the law student is paid through a source with the understanding that the internship is performed at LANC. Law students may indicate their interest in serving as a LANC summer intern by sending a letter (expressing your interest and preferences), resume, a writing sample (no more than 10 pages) and names/contact information of three (3) references to: Legal Aid of North Carolina Summer Internships 224 South Dawson Street Raleigh, NC 27601 LANC News, August 2009 Legal Aid of North Carolina, Inc. being there for the client to comfort her and repairs to a client’s car without her consent ease her mind about her grandchild's safety and demanded payment before returning was very rewarding. possession of her car to her. After I was proud to be a small part of assisting successfully obtaining a temporary this client. Her life is a bit easier by putting restraining order, the LANC attorney and I in place protections for her grandchild. I traveled with the client to deliver the order was proud to be on a team that showed deep to the mechanic and retake possession of the compassion for what our client was car. The mechanic flatly refused to return experiencing, while providing excellent the car, despite the court order, and again legal representation at the same time. demanded payment. We had to contact the The trial was far from easy, and the police for assistance, and the mechanic was protective order was difficult to obtain eventually persuaded to comply. because direct evidence from the deceased After he finally gave the client her key, daughter was unavailable. Our client was the mechanic verbally threatened both the forced to go through the painful recollection client and the LANC attorney in front of the of events but managed to establish grounds police! When we returned the car to the for the protective order to the satisfaction of client’s home, we noticed extensive damage the judge. We successfully secured a to the vehicle. An independent mechanic protective order for the client. later described the poor quality of both the Seeing all our work turn into a good parts and repairs, including that some of the outcome that really helped our client in a repairs had not even been performed, and time of real tragedy was very rewarding. the brakes were inoperable “My time at LANC showed me how much While we could not in their current condition. need there is in our community and change the past, we Despite all of these gave me a glimpse of opportunities to were able to help our problems, the client had a make a difference….” client move toward a - Daniel Joyce look of both joy and relief better future for the upon the return of her car. That look will family. stay with me for some time. Attending and assisting with the office's All in all, this summer has been an clinics impacted me as well. With its immensely rewarding experience, and I limited resources, LANC cannot take on all cannot imagine a better preparation for a clients that need its services. Empowering future career in law. I was able to learn not clients with helpful information that will only about the substantive law, but I also allow them to secure the legal outcome they learned important lessons about dealing need without hiring an attorney is a with opposing parties, due diligence and wonderful service available to the “going the extra mile” for clients. community. I met many clients that were Finally, I would like to thank all of the able to learn about their rights and how they attorneys and staff for the wisdom and can protect their rights in court, without assistance (not to mention patience!) that having to hire an attorney and pay they gave throughout this summer. significant legal fees. The clinics showed them how to file court documents and present evidence to help their case. They Daniel Joyce also prevented clients from being taken Rising 2L advantage of because they did not know Elon University their way around the court system. It was a School of Law great learning experience that will stick with Clerking at Legal Aid me throughout my career. of North Carolina My time at LANC showed me how much (LANC) this summer need there is in our community and gave me was a great opportunity a glimpse of opportunities to make a to learn and gain difference after I graduate from law school. valuable experience. I had the chance to My ultimate goal is to work with work with and assist clients who had low-income clients, and the opportunity to complicated legal problems. work at LANC this summer is an experience One specific experience that deeply I will not forget. impacted me was assisting our staff (Reflections, continued from page 3) attorneys with a domestic violence case. Our client needed to get a protective order on behalf of her grandchild against his father. The father was charged with the murder of her daughter, and our client was obviously emotionally distraught. Simply (Continued on page 5) Page 4 me a chance to write a memo not only in of our client's position, but also for Jeffrey Kowalski support the purpose of putting a stop to the law Rising 2L collection agency's illegal practices. I hope Wake Forest University the impact of my research and writing will School of Law As a rising 2L with not only aid our client, but will also prevent an undergraduate degree the creditor from taking advantage of in Parks, Recreation, and people in the future. The third and final rotation came in the Tourism Management, I did not have any legal Family Law Unit. These are often the most experience entering my first summer sensitive cases, with dramatic custody and internship. As a result, I sought out a domestic violence issues. In addition to the day-to-day activities in well-rounded experience that would give me a chance to apply my first-year of legal each of these areas of the law, there were education to real world legal issues. Legal plenty of other unique opportunities at Aid of North Carolina (LANC) turned out LANC. These included intake interviews, to be the perfect place to gain exposure to in which I got a chance to sit down with actual practice and engage in a variety of new clients to pull out the facts of their case to see how LANC could resolve their legal duties. I was immediately tackling benefits issues. I also assisted attorneys at their cases the first day “Legal Aid of NC turned out to be the clinics, in which the LANCof work. I worked perfect place to gain exposure to Winston-Salem Office invites with a client who actual practice and engage in a anyone from the community to come and learn about a specific was shot in the variety of legal duties….” - Jeffrey Kowalski area of the law. spine and had been There was also plenty of opportunity to confined to a wheelchair for many years. He lived a very active lifestyle and was a shadow attorneys during hearings and football coach at a local high school. watch litigation. I watched the attorneys Unfortunately, he had few family members argue for domestic violence protective to drive him around, so he relied on the orders, and defend against fraud and help of a subsidized nursing program to wrongful denial of unemployment travel to activities. When the government compensation. The summer internship greatly expanded cut off his transportation service, a staff my substantive knowledge of the law, as attorney came to us to figure out how we well as giving me an idea of what real could get this benefit back. In the following weeks, I worked on lawyers do. In addition, it was great to see dozens of other cases in which clients had lawyers in practice making a positive been wrongfully denied food stamps. I also impact on the individual lives of their wrote drafts of two briefs that helped a staff clients and on society. attorney argue before an Administrative Law Judge that her clients should be Megan Pinkney provided disability benefits. Each case was MKL Intern & Rising 3L promising and LANC's assistance should Wake Forest University School of Law provide the clients with a steady future income and thousands of dollars in back As a Martin Luther pay. King, Jr. (MLK) summer I was exposed to a variety of new tasks intern with Legal Aid of and a whole new area of the law as I moved North Carolina’s into the HEEC unit on week four of the Winston-Salem office internship. The types of cases I saw this summer, my LANC clerkship provided inc lud ed mor tg ag e f or ecl o sur e s, a unique experience that law school does landlord/tenant disputes, expungements, not provide. At LANC, you never know unemployment compensation cases and what you are going to get. One day you unfair debt collections. may feel like trying to lead your client in My major project dealt with a client who the right direction to get their life in order. was denied due process of the law when his The next day you may be zealously bank account was drained by a creditor advocating for them in court. LANC has without prior notice. It was the result of a opened my eyes to the public interest field. routine practice by a major debt collection This clerkship exposed me to various agency that had been manipulating the law areas of law that I would not have had a and ignoring legal procedures in order to (Continued on page 6) collect on debts. The staff attorney gave (Reflections, continued from page 4) LANC News, August 2009 Martin Luther King, Jr. (MLK) Summer Internships An opportunity to make a difference… Each summer, Legal Aid of North Carolina (LANC) awards paid internships to current law students to participate in the legal services work over the traditional 10-week summer internship period. The summer internship program is named in honor of Dr. Martin Luther King, Jr. and is funded in part by contributions from IOLTA, Lawyers Mutual Liability Insurance Company and the NC Bar Association Foundation. The Martin Luther King, Jr. (MLK) Internship is an integral part of the LANC's dual goals to: (1) reduce the inequities in our legal system by ensuring that poor people, minorities and victims of domestic violence receive equal justice; and (2) to initiate new lawyers to the lifelong commitment of providing access to justice for all individuals regardless of their ability to pay. The MLK program places talented law students into the real world of legal aid advocacy in order to work on actual cases. MLK interns experience client contact, courtroom participation and legal research and writing on actual cases under the supervision of seasoned legal aid attorneys. Each day of the internship, MLK interns are challenged to put classroom training and talent to work on behalf of the many needy individuals that LANC serves and to work creatively to reduce the barriers to a more just society. Each MLK intern is treated as a valuable member of the legal staff and is expected to participate in case strategy and contribute to overall case management. LANC typically places summer MLK interns in each of the 24 LANC field offices and in the offices of Advocates for Children Services (Durham) and the Farmworker Unit (Raleigh). Applications for MLK Summer Internships: Initial review of applicants typically begins October 30th prior to the summer of employment. For additional information, visit the “Internships” webpage of the LANC Internet website: www.legalaidnc.org/public/participate/ internships.aspx Page 5 Legal Aid of North Carolina, Inc. Staff The staff of the Legal Aid of North Carolina — Winston-Salem Office provides legal assistance in civil matters (non-criminal matters) to eligible, low-income clients who have problems with their basic needs and live in the six-county area surrounding Winston-Salem, NC: Davie County, Forsyth County, Iredell County, Stokes County, Surry County or Yadkin County. R. Yvette Stackhouse Managing Attorney Liza A. Baron Managing Attorney (HEEC Unit) Valene K. Franco Managing Attorney (DV Unit) Keith T. Clayton Staff Associate, MFP Samantha Davis Paralegal Lisa L. Brace Staff Attorney Louella W. Brannan Office Administrator Emma Clark Staff Attorney Marcella L. Farmer Staff Attorney, DVPI Stephanie M. Goldsborough Staff Attorney Susan W. Gottsegen Staff Attorney Linda L. Graham Paralegal Gricel Guerrero Paralegal Charles F. Hall, IV Staff Attorney Romany H. Hines Paralegal Kristin R. Kelly Staff Attorney John R. Lawson Staff Attorney, MFP Kenneth Love Staff Attorney Joanne B. Martin Paralegal Jeanna G. McCullers Staff Attorney Harrietta E. Mickle Paralegal Margaret A. Moll Intake Specialist Tracy M. Nicholson Paralegal David A. Sobie Paralegal Jean L. Witherspoon PAI Coordinator Nikki A. Worthy Paralegal LANC News, August 2009 Legal Aid of North Carolina, Inc. an invaluable opportunity to reinforce what I chance to experience while in law school. I learned from my first year of law school, realized that each area of law is unique and while also receiving exposure to the role of an brings with it its own unique set of clients and attorney and the practice of law. issues. Often LANC’s clients confront a variety of The Family Law Unit’s domestic violence challenging issues in their lives. In order to cases can be very emotional and draining, but adequately serve these compounding issues, can be very rewarding when you know you LANC attorneys must be knowledgeable about helped your client take a stand against their a wide range of legal areas and assist clients in abuser. The “As I began to prepare for the hearing, a holistic manner. LANC attorneys Benefits Unit I realized that I was truly helping m u s t b e a b l e t o a d a p t a n d provided a way some one who felt helpless and did accommodate a spectrum of diverse for clients to not have anyone to turn to….” clients and apply innovation, flexibility - Megan Pinkney fight to get and patience since legal solutions are benefits they need to survive. Without LANC, not always apparent. our clients would not have a voice. I observed that attorneys are not restricted The most fulfilling experiences thus far to legal research or litigating in court. The have been my interactions with clients. This attorneys must also collaborate with various reminded me of why I decided to go to law agencies, organizations, and colleagues for the school. benefit of the client. One day this summer I came to the office to Moreover, the practice of law is not find a file laying on my desk. I met with the confined to clients under a legal LANC attorney who assigned me the file. She retainer. LANC attorneys work for the benefit informed me that this would be my case, my of their community by providing advice and very own client, and that she would be there counsel to individuals and offering the for supervision. I began to hear a loud noise, different LANC pro se clinics. These clinics only to realize that it was my own heartbeat. help empower individuals because participants After I left her office, I immediately sent leave the clinics with a better understanding of my parents an E-mail screaming, “Ahhhhhh I their legal rights under North Carolina law and have my very own client, save me, I am not how to proceed on their own. ready.” I followed my dad’s advice and got a One of the most rewarding experiences grip. during my tenure as a summer law clerk was I had once heard the activist Angela Davis when I was able to observe my legal research say that it angered her to see inaction and put into action for the benefit of a client. silence in the face of injustice. I “Overall, my experience with LANC Specifically, I was learned that someone must speak has helped me better define my asked to assist with a career aspiration upon completion case in the HEEC Unit for the voiceless. As I began to prepare for the of law school….” related to a subsidized - Beverley Smith hearing, I realized that I was truly landlord/tenant issue. helping someone who felt helpless and did not The landlord filed a summary ejectment have anyone to turn to. After I met with the action against the client based on non-payment client she said, “Thank you so much of rent. Neither the client nor the housing Ms. Pinkney. I appreciate everything you are authority knew their respective rental obligadoing for me.” When I heard those words tions to the landlord because the housing from my client, it hit me that I was fulfilling subsidy application was not processed timely, my dream and purpose. and the client's rent amount was adjusted due Hearing my client’s appreciation reminded to the changing circumstances in the client's me of the reason why I went to law school and life. The summary ejectment action was why I chose to work at LANC this summer. dismissed with prejudice since the landlord All of my nervousness went out the door. could not specify the exact rental arrears owed And at the hearing, the client received her by the client. restraining order and temporary custody of her Three days following the dismissal with children. prejudice, the landlord filed a second summary ejectment action against the client based on non-payment of rent. The assigned Beverley Smith attorney asked that I conduct legal research Rising 3L pertaining to res judicata and summary NC Central University School of Law ejectment. My research supported our legal argument that the landlord was barred by My summer internship res judicata to raise the second claim related to with Legal Aid of North non-payment of rent. The attorney relied on Carolina’s (LANC’s) (Continued on page 7) Winston-Salem office was (Reflections, continued from page 5) Page 6 receptionist, to the screener, to the paralegal or attorney, that client's story is heard and has value. Our advocates dig in, creatively fight hard and willingly stand with our clients. R. Yvette Stackhouse, Esq. Managing Attorney, LANC-W/S Office Teaching these lessons to those who are with us for a short time can be challenging. Last year was the first "Special Edition" In order to learn them, the students must be newsletter our office printed. The 2008 willing to ask the right questions, actively summer law clerks' articles generated so listen while suspending judgment and fight much positive response that we decided to to find resolution. When they do all of that, do it annually. I hope that all who read the their cups begin to fill up and they are soon reflections by our 2009 summer law clerks ready to practice law. are as moved as I am. I can hear their Frankly, our clients are the real teachers. excitement and wonder; I can feel their Almost every article that you read by our compassion; but most of all, I can see their clerks tells the story of a client who had a growing determination very real need and tells “Practicing law isn't done in a sterile and confidence. how that clerk was moved vacuum. It's compassionate people Every summer, our listening to real people with real to help. staff watches a new crop problems and creatively applying the Practicing law isn't of law clerks come into law in order to stand for justice….” done in a sterile vacuum. - Yvette Stackhouse our office, like empty It's compassionate people cups wanting to be filled up with all the listening to real people with real problems unique experiences our office can provide. and creatively applying the law in order to We have the honor of representing very stand for justice — that's the practice of law. deserving clients. Legal Aid of North Carolina has been Our staff uses each day's experiences to fortunate to have had the assistance of some make up the lesson plans from which we very wonderful students who are going to be teach the clerks. We don't have to create great attorneys. I'm extremely happy to them. Our clients provide them. And while know that our entire staff, from the many of their cases are meritorious, too receptionist to the most senior attorney, has many times their voices are not heard. had an opportunity to help them on their Their lack of money and knowledge causes journey. We thank them for their service them to stand alone. However, from the and we’d be happy to one day call time the client enters our office through the them colleagues!!! Update from Yvette... Thank you 2009 Summer Law Clerks! obtain a new home loan in order to On the first day of my clerkship, at redeem an existing mortgage. Within days approximately 3:30 in the afternoon, I of the anticipated closing date, the new received my first assignment. The attorney lender delivered a property inspection that handed me a four-inch-thick file and told included a long list of repairs that would be me, “This is a bankruptcy case that was required in order to agree to the loan. As a dismissed; I need you to research and write result, I had to find contractors who could a memorandum in support of our motion to submit estimates as soon as possible in reconsider that dismissal. The hearing is on order to ensure that the loan closing could Wednesday at occur before the 10:00.” I will admit “All in all, this summer has been an immensely previous mortgage experience, and I cannot imagine a that I started to rewarding wa s f or ec l o sed better preparation for a future career in law....” wonder what exactly upon. This was - Kyle Fountain I had signed up for, made more difficult as, at the time, I did not even know the as some contractors failed to follow up and difference between Chapter 7 and Chapter became difficult to contact. Eventually, we 13 bankruptcies! About a day later, we had reached the point of physically driving a a memo to submit to the court and I had contractor to the repair site. Although it learned more about bankruptcy law than in took significantly longer than expected, we my two years of law school. Although this were able to obtain and submit the required motion was unsuccessful, this case became estimates, and the client appears to be on one of the defining parts of my time here as track towards keeping her home. we continued to work in other ways to save The most dramatic event, however, was our client’s home. not a mortgage case, but instead involved a Another particularly memorable case mechanic who had allegedly performed (Continued on page 4) was one that involved a client who sought to (Reflections, continued from page 2) LANC News, August 2009 About Legal Aid of NC As the only Legal Services Corporation (LSC) funded program in North Carolina, Legal Aid of North Carolina (LANC) provides free, community-based, civil legal services in all 100 counties of North Carolina to those whose income falls below 125% of the federal poverty guidelines: Size of Family Unit 1 2 3 4 5 6 7 8 Maximum Income Level* $ 13,538 $ 15,613 $ 22,888 $ 27,563 $ 32,328 $ 36,913 $ 41,588 $ 46,263 * [The figures in this table represent 125% of the poverty guidelines by family size as determined by the US Department of Health & Human Services.] LANC provides legal representation and counseling in civil (non-criminal) cases only. Because of limited resources, LANC’s cases are generally limited to those that impact clients’ basic needs, including housing, access to medical care, protection from domestic violence, consumer protection and subsistence income. LANC of NC receives funding from LSC (45%), the NC General Assembly (27%), and IOLTA (Interest On Lawyers’ Trust Accounts) (11%). The remaining funds come from Title II funds for Older Americans, United Way, local governments, individual attorneys, foundations and other grants. Legal Aid of North Carolina offices also recruit and coordinate private attorney (pro bono) volunteers through local volunteer lawyers programs (VLP’s). For additional information on Legal Aid of North Carolina (LANC) and its offices, visit the LANC Internet website: www.legalaidnc.org. Page 3 Legal Aid of North Carolina, Inc. LANC NEWS is the newsletter of Legal Aid of North Carolina (LANC). Send comments to: LANC News, Legal Aid of NC, 224 South Dawson St., Raleigh, NC 27601. Editor: Dock Kornegay. Executive Director: George R. Hausen, Jr., Esq. Legal Aid of North Carolina is a nonprofit, 501(c)3 law firm that provides free legal services to low-income persons in North Carolina through 24 field offices and six statewide projects. BOARD OF DIRECTORS Lisa Morgan, Esq., Chair North Carolina Central University, Durham Celeste M. Harris, Esq., Vice-Chair Maynard & Harris, PLLC, Winston-Salem Thomas S. Berkau, Esq., Treasurer Attorney at Law, Smithfield Phillip Leigh, Secretary Client Representative, At Large, Creswell Glenn A. Barfield, Esq. Barnes Braswell & Haithcock, PA, Goldsboro Susan Perry Cole NC Association for Community Development, Raleigh Helen Cook Client Representative, Southeast Region, Fayetteville Auley M. “Lee” Crouch, Esq. Block, Crouch, Keeter, Behm & Sayed, LLP, Wilmington Mary Flowers Client Representative, Statewide, High Point Sharon Greig Client Representative, Pantego Charles R. Holton, Esq. Womble Carlyle Sandridge & Rice, PLLC, Durham Samuel B. Johnson, Esq. Samuel B. Johnson, Attorney, PLLC, Greensboro Shirley Jones Client Representative, Rocky Mount Nellie Kearney Client Representative, Triangle Region, Henderson Gregg E. McDougal , Esq. Kilpatrick Stockton, LLP, Raleigh Derllarene Myers Client Representative, West Region, Wilkesboro Raymond E. Owens, Jr., Esq. Kennedy Covington Lobdell Hickman, LLP, Charlotte Kristoffer B. Shepard, Esq. Robinson, Bradshaw & Hinson, P.A., Charlotte Paul C. Shepard, Esq. Attorney at Law, Winston-Salem Ellen Shepperd Client Representative, Northeast Region, Williamston James M. Talley, Jr., Esq. Horack, Talley, Pharr & Lowndes, PA, Charlotte Mary Ann Tally, Esq. Center for Death Penalty Litigation, Durham Alice Tejada, Esq. Scrudder & Hedrick, Raleigh John R. Wester, Esq. Robinson, Bradshaw & Hinson, PA, Charlotte Diana Williams-Cotton Client Representative, Triad Region, Winston-Salem S. Kyle Woosley, Esq. Brooks, Pierce, McLendon, Humphrey & Leonard, LLP, Greensboro LANC News, August 2009 Legal Aid of North Carolina, Inc. questions I would ask during the hearing. Several days before the hearing, I met with the client and the supervising attorney to prepare her for the hearing and go over the During my time at questions that would be asked during the Legal Aid of North hearing. In addition to the direct Carolina (LANC), I have examination, I prepared a closing statement been fortunate to have and learned about the procedures to be used been exposed to the during the hearing. Although my hearing is still a couple of events that make up the day-to-day life of an attorney that you do not get to experience days away at this point, I feel that this experience so far will help me to become a while in law school. I have interviewed clients, prepared successful attorney once I graduate from briefs, attended hearings and trials and dealt law school in the spring. It was my first with a variety of governmental agencies. hands-on experience with a client, as well as Many of our clients' stories have left an my first time doing all of the preparatory impact on me that I “Many of our clients' stories have left an work that goes into know I will keep impact on me that I know I will keep representing a client in a hearing or trial. with me when my with me when my summer is over….” - Becky Cacaci I truly believe that this is summer is over. This summer, I have represented one one of the benefits of working at LANC. such client in an appeal regarding her While many of my classmates are only Unemployment Insurance Benefits. The doing research this summer, I get to work client had actually been approved by the on my research and writing skills, while also Employment Security Commission for her learning other hands-on practical skills by benefits, but the employer appealed that interacting with clients and actually having decision. She then contacted LANC to the opportunity to represent clients in represent her during her appeal hearings. hearing, and I was assigned to represent her with a supervising attorney. Kyle Fountain Her case was rather strong, as indicated Rising 3L by the initial approval of her benefits. She Wake Forest University School of Law had worked as a mental health specialist for My story may be a bit almost nine years, spending the past year different from the rest, as and a half at the job from which she was my experience here was terminated. The company for which she a bit different. Rather was working was rather new and kept than doing the normal changing its procedures in an effort to find the best way to run efficiently. However, rotation through the benefits, family and the constant change in protocols affected the HEEC units, I had the privilege of working client, and she was unable to keep up with exclusively with the Mortgage Foreclosure Project throughout the summer. While this the demands being made by her employer. Additionally, they switched her from assignment did not afford the time to salaried to hourly work, and she was only experience the wide variety of cases and paid for the hours she spent in face-to-face issues that the other interns may have dealt time with her clients. This meant she did with, this focus allowed me both to “dig in” not receive any wages for the time she spent and watch how a client’s case develops over on administrative work, traveling, etc. She time and to develop my understanding of a would spend 50 hours a week on the job, particular facet of the law. Much of my work involved contacting while only getting paid for the 40 hours of hands-on client time. And as a single mom, lenders and other agencies in order to find she had to take care of her child as well. alternatives to foreclosure for our clients. She fell behind on her administrative work, To meet this goal, I usually worked to and received a disciplinary letter. A week obtain loan modifications, which involved later, without receiving any further warning discussing financial information with both clients and lenders. I also assisted with or plan of correction, she was terminated. I had just under two weeks to prepare for some bankruptcy cases by researching the Unemployment Insurance Benefits specific issues and preparing documents for hearing. With the guidance of the filing with the local bankruptcy court. In supervising attorney, I did a preliminary addition, I also assisted with cases involving interview over the phone with the client, and short sales and loans. (Continued on page 3) based on that interview, created the Becky Cacaci Rising 3L Elon University School of Law Page 2 My next task was to search for assets owned by the adverse party. After a search on the Register of Deeds' website, I learned that the adverse party had transferred title of his property to another person within days of the judgment against him. I asked my supervisor about the transfer, and he told me that if the adverse party legally divested himself of his interest in the property, we could not challenge the property transfer. The arrangement was suspect enough for me to keep digging. I found North Carolina's version of the Uniform Fraudulent Transfers Act and researched when the court can find that a transfer was fraudulent and what remedies creditors had against such a transfer. Our facts looked promising. I happily informed my supervisor of my discoveries. I had a unique case, as this area of law doesn't come up often at LANC. And again, I had the opportunity to learn practical skills. While I could have done the legal Jonathan Williams research anywhere, my internship allowed me Rising 2L the opportunity to research and interpret Wake Forest University indices and registers and their documents. I School of Law Working in Legal Aid cross-referenced my deed research with the of North Carolina’s county tax office, further expanding my (LANC’s) Winston-Salem knowledge of how to be a successful lawyer. Currently, we are waiting to see if the office has been a wonderful experience, and a chance to Sheriff's office will execute the writ and learn on several levels. “I've had the opportunity...to learn by collect on the judgment. I've had the opportunity to watching Legal Aid advocates in action. Should our client fail to practice my legal research Their example has taught me a lot about collect, our office then attorney….” has the opportunity either and writing skills, client how to be a -successful Jonathan Williams to represent her in an atinteraction skills and, most importantly, to learn by watching LANC tempt to void the possibly fraudulent advocates in action. Their example has taught transaction, or at least to advise her of her me a lot about how to be a successful attorney. right to do so with the help of a private My learning began with my very first attorney. It is rewarding to have a chance to assignment. LANC attorneys had helped help people like our client. I am grateful to LANC for the opportunity obtain a judgment against a used car dealer who had unlawfully repossessed her car. Her to help both its advocates and its clients. I am case was different from other LANC cases in grateful for the opportunity to hone my that we were attempting to enforce a judgment research and writing skills. I am especially in favor of our client rather than helping a grateful for the opportunity to learn how an client assert her exemption rights against an attorney works — how he/she interacts with clients, judges, clerks, case workers and adverse judgment. My first task was to serve a notice of rights adverse parties. Thank you Legal Aid of and exemption forms on the adverse party North Carolina!!! (whereas later in the summer I helped our clients fill out the same forms, as judgment debtors on the opposite end of the process). In addition to being a primer in enforcement of Interested in judgments and exemptions, the process was an Summer Internships? introduction to the legal system itself. I was astounded at what I didn't know: to See the column (page 4 of this newsletter): whom to direct the forms, how many copies, “About Summer Internships how many return envelopes, whom to call, etc. at Legal Aid of North Carolina” Learning the mechanics of getting something done between the clerk's office and the OR, visit the Legal Aid of North Carolina website: sheriff's office was as useful as anything I www.legalaidnc.org learned all summer. (Reflections, continued from page 6) this case law research, and the action was dismissed a second time. Overall, my experience with LANC has helped me to better define my career aspirations upon completion of law school. I enjoyed the opportunity to explore the myriad of legal issues confronting LANC clients, such as landlord/tenant issues, employment, domestic violence, consumer problems, and benefits. Prior to this internship, I was apprehensive about the prospect of litigating; however, this fear has subsided as a result of observing the LANC attorneys model confidence and preparation when litigating a case. I believe this internship has exposed me to invaluable lessons that are not always included in a law school curriculum. I value all of the lessons I take away from this experience. LANC News, August 2009 Units & Areas of Law LANC-Winston-Salem Office Family Law Unit Family Law: Domestic Violence Protective Orders; No Contact Orders for Stalking or Non-consensual Sexual Conduct; Emergency/TemporaryChild Custody. Housing, Education, Employment, Consumer (HEEC) Unit Housing (private & subsidized): Illegal padlocking; illegal utility shut-off; repair issues; evictions; denial of subsidized housing; foreclosure on rental property. Education: Personal Education Plans (PEP); school suspensions and expulsions. Employment: Unemployment compensation hearings; wage and hour claims; discrimination claims; expungement of criminal records; wrongful termination; FMLA claims; ADA claims; retaliatory termination. Consumer: Repossession of vehicles; contract disputes; debt collection defense; judgment collection (exemptions); bankruptcy (Chapters 13 and 7 only); mortgage foreclosure defense; predatory lending; unfair trade practices and other consumer matters. Public Benefits Unit Disability: SSI/SSDI and Medicaid denials and benefits; overpayment, reduction and termination issues. Food Stamps/Work First: Food stamp denials, reduction, and overpayment issues; Work First termination, non-compliance issues. For questions, call the LANC-WinstonSalem Office, 336-725-9162, or visit the LANC-Winston-Salem Office webpage at: www.legalaidnc.org/winstonsalem Page 7 LANC News Legal Aid of North Carolina, Inc. Legal Aid of North Carolina Offices LANC is a statewide, nonprofit law firm that provides free legal services in civil matters to eligible, low-income people in all 100 counties in North Carolina through 24, geographically located offices. The Newsletter of Legal Aid of North Carolina, Inc. LOCAL ADVISORY COUNCIL LANC-Winston-Salem Office Ahoskie y WinstonWinston-Salem y Morganton y Sylva y Celeste Harris, Esq., Chair y Boone y y Durham Greensboro y Asheville Gastonia y Concord Charlotte y y Monroe y y y Pittsboro Raleigh y Sanford Maynard & Harris, Attorneys At Law, PLLC Winston-Salem Rocky Mount Wilson y y Goldsboro y Smithfield Barbara Knotts, Vice Chair King y Greenville New Bern Wanda Allen-Abraha, J.D. Human Relations, City of Winston-Salem Winston-Salem y Professor Luellen Curry, Esq. y Fayetteville Wake Forest University School of Law Winston-Salem y Pembroke Vernal Gaston Winston-Salem Wilmington y Tammy Gore Winston-Salem Hada Haulsee, Esq. Womble, Carlyle, Sandridge & Rice, PLLC Winston-Salem Thank you Summer 2009 Law Clerks!!! DeWanna Hamlin Family Services, Inc., Winston-Salem Paul Shepard, Esq. Winston-Salem Garry C. Wadell Human Relations, City of Winston-Salem Winston-Salem The Honorable William Z. Wood, Jr. Legal Aid of NC-Winston-Salem Office 102 West Third Street, Suite 460 Winston-Salem, NC 27101 Superior Court Winston-Salem Diana Williams-Cotton Winston-Salem Gloria Woods, Esq. Assistant County Attorney Winston-Salem LANC-Winston-Salem Office Liberty Plaza 102 West Third Street, Suite 460 Winston-Salem, NC 27101 336-725-9162; 866-219-LANC (toll-free) R. Yvette Stackhouse, Esq. Managing Attorney Providing free legal services in civil (non-criminal) matters to low-income people primarily in Davie,www.legalaidnc.org/winstonsalem Forsyth, Iredell, Stokes, Surry and Yadkin Counties. LANC News, August 2009 Page 8 LANC News, August 2009 Our Mission: Legal Aid of North Carolina is a statewide, nonprofit law firm that provides free legal services in civil matters to low-income people in order to ensure equal access to justice and to remove legal barriers to economic opportunity. LANC-Winston-Salem Office Special Edition August 2009 LANC-Winston-Salem Office Reflections of 2009 Summer Law Clerks by Liza Baron This summer, our office has been flowing with the energy of seven bright, young, energetic law clerks. Every summer we look forward to their arrival. And again our summer was enhanced by the unique personalities each of the law clerks, their strong work ethic and special approaches that each utilized while working on their cases. Our law clerks worked full-time for ten weeks and 2009 Summer Law Clerks, LANC-Winston-Salem Office were exposed to all three areas (l-r) Jeffrey Kowalski (Wake Forest University School of Law); Megan Pinkney (Wake Forest of law in our office: Family University School of Law); Daniel Joyce (Elon University School of Law); Becky Cacaci (Elon Law Unit, Benefits Law Unit University School of Law); Jonathan Williams (Wake Forest University School of Law); and the "HEEC Unit" (Housing, Beverley Smith (NC Central University School of Law); Kyle Fountain (Wake Forest University School of Law). PHOTOS BY DAVID SOBIE Education, Employment and greatly for the help they maze that often confronts our Consumer law Unit). Two provide with our cases. Our clients on various forms of clerks at a time were assigned to each unit, and they rotated clerks have conducted client government assistance. In this, our second annual between the units every 3-4 interviews, researched critical legal issues for our cases that "Special Edition" newsletter, weeks. That gave them an are stories from our clerks opportunity to work “Our clerks have conducted client interviews, in each area of the researched critical legal issues for our cases themselves about what they've law, and also to work that helped decide the issues at hearings, learned and experienced this with every advocate helped us prepare for hearings, represented summer. We hope you will enjoy clients and helped us and our clients work in our office. through the bureaucratic maze that often their stories as much as From e a c h confronts our clients….” we have enjoyed reading advocate they learned - Liza Baron them. different sk i l l s , _______________________________ helped decide the issues at tactics, tips and approaches to the cases and the clients. In hearings, helped us prepare for Liza Baron is the managing attorney of the HEEC (Housing, Education, addition to assisting attorneys hearings, represented clients Employment and Consumer) Unit in and helped us and our clients and paralegals with their cases, Legal Aid of North Carolina’s the clerks also attended court work through the bureaucratic Winston-Salem Office. with the advocates. They also attended and assisted with the Inside this issue: “Reflections of 2009 Summer Interns” pro se clinics that our office provided to the public. f Becky Cacaci, Rising 3L, Elon University School of Law………………..….2 Some of the clerks even represented clients in hearings f Kyle Fountain, Rising 3L, Wake Forest University School of Law……….…..2-4 themselves, with supervision f Daniel Joyce, Rising 2L, Elon University School of Law……………......…...4-5 from attorneys. Also, one of our law clerks was assigned to f Jeffrey Kowalski, Rising 2L, Wake Forest University School of Law…......5 LANC’s state-wide Mortgage Foreclosure Project (MFP) f Megan Pinkney, MLK & Rising 3L, Wake Forest University School of Law...5-6 throughout the summer. f Beverley Smith, Rising 3L, NC Central University School of Law……..…...6-7 Not only are our law clerks fun company and enthusiastic f Jonathan Williams, Rising 2L, Wake Forest University School of Law.......7 learners, we also value them
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