Uniting For Justice
2018 Legal Assistance Partnership Conference
October 2- October 4, 2018
Albany Capital Center
55 Eagle Street
Albany, NY 12207
**Please note that the 2018 Partnership Conference registration is now closed.
Conference Overview
NYSBA's Partnership Conference is the premier civil legal services educational and networking conference in New York State. The Partnership Conference is attended by leaders of civil legal service organizations and private law firms from across New York State.
Individuals and groups from all corners of the state travel to Albany, NY every other year to attend the conference, earn continuing legal education credits, and attend the Denison Ray Civil Awards dinner to honor attorneys', directors', and nonprofits' extraordinary leadership and commitment to access to justice. This year's Partnership Conference has a projected attendance of over 500 people.
The theme for the 2018 Partnership Conference is Uniting for Justice and will be held from October 2, 2018 through October 4, 2018 at the Albany Capital Center. The conference will provide over thirty workshops, covering a diverse range of subjects, including program innovation and management, technology and substantive legal topics (immigration, foreclosure, domestic violence, government benefits, and housing, among others).
Registration Information
*Please note that all cancellations after August 24, 2018 will incur a $50.00 processing fee. All cancellations received after September 7, 2018 will not be refunded.
Please use this registration form if you would like to pay with a check or would like to submit a group registration. For online registration, click register NOW.
Hotel Information
For the 2018 Legal Assistance Partnership Conference the group hotel blocks are FULL.
Parking Information
For the 2018 Legal Assistance Partnership Conference there are multiple parking options. The Albany Capital Center has 100 parking spots at $5.00 a day and provide an overflow site at the Times Union Center parking garage for $8.00. Please note that there is no overnight parking available at the Albany Capital Center.
The Renaissance Hotel will have parking for guests at the daily rate of $12.00. They also provide complimentary shuttle services to and from the Albany International Airport and Amtrak train station, based upon request, timing and availability.
Sponsorship Information
To help keep
our event affordable and accessible to as many civil legal service
providers and pro bono professionals as possible, we offer marketing and
sponsorship opportunities for companies and firms wishing to help support this
conference. CLICK HERE to access 2018 packages and opportunities.
Thank you to our Platinum Sponsor: LEAP!
Thank you to our Bronze Sponsor: ABA Retirement Funds, First Light and WNY Coalition Pooled Trusts and our Exhibitors: NYSARC and True Link Financial!
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Please note these programs are sold out:
- Recognizing and Responding to Micro-aggressions in the Legal Profession
- DAP 1: The Impact of Trauma on Disability Claims
- DAP 2: Preparing Effective Direct Examination in Mental Impairment Cases Involving Trauma
- Innovations in Law Student Pro Bono Opportunities
- Changing Temporary Shelter Rules: A Tale of Two Advocacy Strategies
Please see the Agenda at a Glance for program room assignments.
TUESDAY, OCTOBER 2, 2018
10:30-12:30 Joint Meeting - PCAJ, CoLA, PBCN, NY Project Directors - Please note this meeting is being held at the State Bar Center
12:30-1:45 President's Committee on Access to Justice- Please note this meeting is being held at the State Bar Center
12:00-2:00 LawHelp Meeting
3:00-5:00 New York Legal Services Coalition Meeting
12:00-2:00 Advocacy & Litigation Directors Meeting
1:00-5:00 DAP Task Force Meeting
2:00-5:00 Welfare Task Force Meeting
2:00-6:00 DV/Family Task Force Meeting
2:00-5:00 Health Task Force Meeting
2:00-4:30 Pro Bono Coordinators' Network Meeting
3:00-5:00 NYSTech Meeting
5:00-7:00 Diversity Task Force Meeting
5:00-7:00 Housing/Bankruptcy Task Force Meeting
5:00-7:00 Housing Task Force Meeting
3:00-7:00 EARLY SIGN IN
Wednesday, October 3, 2018
7:30-8:30 Breakfast
8:30-9:45 Opening Plenary/Implicit Bias CLE - Opening Plenary Speaker- Honorable Richard Rivera, Family Court Judge
10:00-11:15 Practical Social Media Ethics for Lawyers
10:00-11:15 Direct Supervision of Attorneys and Paralegals: Understanding Your Ethical Obligations
10:00-11:15 Waivers of Inadmissibility for T and U Visas: Skills for Practitioners
10:00-11:15 Representation of Veterans: Life-Changing Legal Services
10:00-11:15 Improving Language Access at the Department of Social Services
10:00-11:15 Recognizing and Responding to Micro-aggressions in the Legal Profession
11:15-11:45 BREAK
11:45-1:00 Winning Right to Counsel in Housing Cases: Practical Skills & Advocacy
11:45-1:00 Sexual Harassment of Low Wage and Immigrant Workers in the Era of #MeToo: Legal Issues
11:45-1:00 DAP 1: The Impact of Trauma on Disability Claims
11:45-1:00 Managed Care and Managed Long Term Care: Legal Update
11:45-1:00 Creating a Student Loan Practice
11:45-1:00 Kinship Options and Benefits
1:00-2:45 Lunch
1:45- 2:45 Right to Counsel Discussion
2:45-4:00 Helping Protect Low Income Workers from Economic Exploitation: Legal Update and Advocacy Skills
2:45-4:00 DAP 2: Preparing Effective Direct Examination in Mental Impairment Cases Involving Trauma
2:45-4:00 Identifying, Challenging and Overcoming Civil Impacts of Criminal Convictions in 2018: Tips and Tools for Civil Legal Services Practitioners Incorporating Recent Changes in Law and Policy
2:45-4:00 Serving LGBTQ Survivors of Intimate Partner Violence in Family Law Cases: Best Practices and Recent Legal Developments (I)
2:45-4:00 Federal Immigration Developments Affecting Health Care Access in New York State
2:45-4:00 Innovations in Law Student Pro Bono Opportunities
4:00-4:15 BREAK
4:15-5:30 Landlord-Tenant Cases Involving Conditions: Remedies and Strategies for the Tenants' Attorney
4:15-5:30 The Challenges of Justice Courts Practices
4:15-5:30 Rapid Fire Technology Talks
4:15-5:30 Best Practices in Community Economic Development Law
4:15-5:30 Serving LGBTQ Survivors of Intimate Partner Violence in Family Law Cases: Best Practices and Recent Legal Developments (II)
4:15-5:30 School Matters: Integrating Education Advocacy int othe Legal Representation of Adult Clients and Their Children
5:45-6:45 Reception
6:45-9:00 Denison Ray Civil Awards Dinner - Keynote Speakers Honorable Jenny Rivera, Associate Judge of the Court of Appeals and Assembly Member Harvey Epstein
9:00-11:00 After Party
Thursday, October 4, 2018
8:00-9:15 Breakfast
9:15-10:30 Changing Temporary Shelter Rules: A Tale of Two Advocacy Strategies
9:15-10:30 Public Service Loan Forgiveness Program Eligibility
9:15-10:30 New York State Limited Scope Representation in 2018: Ethical and Practical Implications
9:15-10:30 Racial Justice -Best Practices for Lawyers
9:15-10:30 Maintenance-Litigating under the New Statue
9:15-10:30 Group Representation in Wage and Hour Cases: Ethical Issues
10:30-11:00 BREAK
11:00-12:15 Navigating Short Sales: Practical Skills for the Advocate
11:00-12:15 DAP 3: Direct and Cross Examination Strategies for Expert Witnesses
11:00-12:15 Using Technology to Enhance Pro Bono Projects
11:00-12:15 Public Benefits Income and Resource Rules and the Impact of Lump Sum Receipt on Benefits Eligibility
11:00-12:15 Transgender Healthcare: Successfully Appealing Medicaid Denials
11:30-1:15 Waivers for Permanent Residents: The Legal Issues
12:15-1:15 Lunch
12:30-1:00 Best Practices for Using Data to Track Outcomes
1:15-2:30 Enhancing the Cultural Competence of a Legal Aid Program
1:15-2:30 Current Status of DACA and Alternative Remedies for Recipients
1:15-2:30 Death and Taxes: A Survey of Tax Debt Issues for Low-Income Clients and Strategies for Advocates
1:15-2:30 Collateral Consequences: The Effects of (Alleged or Actual) Crimes on Stable Housing
1:15-2:30 The Affordable Care Act in NYS in 2018: Successes, Challenges, and Responses to Federal Threats
1:15-2:30 Early Intervention Tools: Legal Risk Detector and LiveHelp
Program Descriptions:
Implicit Biases: What the Research Tells Us About Debiasing Our Practice - This plenary will explore how to use the latest research on
implicit bias to better understand its impact on clients, the distribution of
social inequalities, and relationships in the office. The presentation will
additionally focus on the widespread and shared nature of implicit biases, how
these biases function, and what legal representatives can do to try to debias
their own actions as well those of others with whom they work or litigate. The
plenary will surface strategies for recognizing and changing unconscious attitudes
or stereotypes to promote better understanding, actions, and decisions. Finally,
the presentation will include some opportunity for the audience to share
information and techniques with each other as well as learn suggestions from
the presenters.
Speakers: Donna Hae Kyun Lee, Senior Associate Dean of Clinical Programs and Professor, CUNY School of Law and Susan Bryant, Esq., Emeritus Professor, CUNY School of Law.
Practical Social Media Ethics for Lawyers - The rise of the Internet has led to myriad challenges in representing clients and avoiding ethical pitfalls. This 75- minute, ethics-based CLE will explain the various traps awaiting unwary attorneys such as what can or cannot be published on social media, how social media is optimized as a discovery tool, how to properly advise clients on their own social media presence, and the intersection of attorney advertising rules and free speech on the Internet.
MCLE Credits: 1.5 Ethics
Speakers: Jay Flemma, Esq., Legal Aid Society of Mid-New York and Mark Berman, Esq., Granfer & Shore, LLP
Director Supervision of Attorneys and Paralegals: Understanding Your Ethical Obligations - It is imperative that supervisors understand
the ethical implications involved in supervising the legal work of attorneys
and paralegals. This program will discuss the ethical obligations articulated
in the Rules of Professional Conduct and outline practical steps to developing
a supervisory framework to meet them. In addition to general supervision, we
will discuss the specific ethical concerns that can arise when overseeing the
work of paralegals.
MCLE Credits: 1.5 Ethics
Speakers: Kate Woods, Legal Assistance of Western New York, Zachry Pike, Program Director For Housing and consumer Law Unit of the Legal Aid Society of Rochester and Robert Vitale, Supervising Attorney at Legal Assistance of Western New York.
Waivers of Inadmissibility for T and U Visas: Skills for Practitioners- The program will include a review
of T and U Visas; a review of commonly encountered inadmissibility grounds and
non-waivable grounds; the Matter of Hranka waiver standard; preparing
and filing your inadmissibility waiver request; and framing your waiver
argument.
MCLE Credits: 1.5 Skills
Speakers: Emma Buckthal, Esq., Supervising Immigration Attorney, ECBA Volunteer Lawyers Project, Inc.
Representation of Veterans: Life-Changing Legal Services-Low-income veterans have unique legal issues, including barriers to VA health care and disability benefits that can be resolved through discrete legal assistance. Legal services attorneys and pro bono advocates alike can provide life-changing poverty prevention, homelessness prevention, and health care access with targeted legal services.
MCLE Credits: 1.5 Professional Practice
Speakers: Coco Culhane, Director of the Veteran Advocacy Project at the Urban Justice Center, Hannah Nezezon, Esq., Staff Attorney, Legal Assistance of Western New York, Kent Eiler, Esq., Director New York City Bar Justice Center Veterans Assistance Project and Peter Kempner, Esq., Volunteers of Legal Services.
Improving Language Access at the Department of Social Services - This program will cover both state and federal laws governing language
access, including Title VI of the Civil Rights Act, New York State Governor’s
Executive Order, and Office of Temporary and Disability Assistance guidance to
local districts. The program will also include a discussion of the legal
remedies and strategies available to address language access violations at the
Department of Social Services, an overview of Neighborhood Legal Services’
experience with the OCR process, and a discussion of the Voluntary Resolution
Agreement and the Language Access Compliance Plan.
Speakers: Kathryn
Horn, Esq., Neighborhood Legal Services, Inc., Penny
Selmonsky, Esq., Neighborhood Legal Services, Inc. and Karen
Welch, Esq., Neighborhood Legal Services, Inc.
MCLE Credits: 1.5 Professional Practice
Recognizing and Responding to Micro-aggressions in the Legal Profession - Microaggressions: micro-insults,
micro-invalidations and micro-assaults can be based on race, gender, gender
identity, sexual orientation, age or ability. How do we recognize and respond
to microaggressions amongst the staff, private attorneys, clients and the
court? How do we want to be told that we have committed a microaggression?
Whether we are the recipient, observer or speaker, we will examine the pros and
cons of each such response.
Speakers: Erica Ludwick, Esq., Legal
Aid Society of Northeastern New York , Edwina Francis Martin, Esq.,
Deputy Chief of Staff for NYC Councilwoman, Debi Rose and Milo Primeaux, Esq., Just
Roots Consulting LLC.
MCLE Credits: 1.5 Diversity, Inclusion and Elimination of Bias
Winning Right to Counsel in Housing Cases: Practical Skills & Advocacy- This program will discuss the newly recognized right
to counsel in housing cases in NYC, covering the logistics of how this is playing
out in NYC courts; the specific process which led to this being recognized as a
right in housing court; and views from the (upstate) bench.
Susanna Blankley, Esq., Right to Counsel NYC
Coalition, Marika Dias, Esq., Legal Services NYC and Andrew Scherer, Policy Director of the Impact Center
for Public Interest Law and Distinguished Adjunct Professor at New York Law
School.
MCLE Credits: 1.5 Professional Practice
Sexual Harassment of Low Wage and Immigrant Workers in the Era of #MeToo: Legal Issues- For low income and immigrant workers, sexual harassment is a pervasive and pernicious employment practice which has gone unchallenged for far too long. Three skilled legal services and public interest lawyers share their experiences in successfully representing low income workers bringing discrimination claims against employers in this important and emerging area of poverty law.
MCLE Credits: 1.5 Diversity, Inclusion and Elimination of Bias
Speakers: Natasha Lycia Ora Bannan, Esq., Associate Counsel, LatinoJustice PRLDEF, Inc., Natalia Ospina, Esq., California Rural Legal Assistance, Lauren Betters, Esq., Staff Attorney, Gender Equality Law Center, and Peter Dellinger, Esq., Senior Staff Attorney, Empire Justice Center.
DAP 1: Impact of Trauma on Disability Claims- Our theme for this year’s conference is dealing with the effect of trauma on our disability clients, including symptoms of PTSD, DAA, and mental impairments. Because of the prevalence of trauma and its well established connection to chronic health conditions and disability, our community of Social Security disability advocates, should, to the greatest extent possible, be trauma informed. Lisa Parsons, an attorney with Legal Council for Health Justice in Chicago, will discuss the importance of being trauma informed, knowing your client well, and the specialized advocacy that must be done in Social Security cases. She will address the new PTSD Listing and strategies for using the Listing criteria to win cases. We propose to have a psychiatrist discuss this topic with Lisa.
MCLE Credits: 1.5 Professional Practice
Speakers: Catherine M. (Kate) Callery, Esq., DAP Co-Coordinator, Empire Justice Center, Lisa Parsons, Esq. and Melissa Weiss, M.D., Chief Resident, Fourth year Psychiatry Resident, Albany Medical Center and Louise Tarantino, Esq., Empire Justice Center.
Note: The DAP sessions are designed as a progression from introduction of the substantive law concept (impact of trauma on disability clients), to better understanding of the concept from a medical expert (psychiatrist presentation), to putting problem solving skills into practice for these cases (developing effective direct exam) and disability cases generally (preparing for expert witnesses and ALJ mock hearing). In order to obtain credit for the DAP 2 program, you mush attend the DAP 1 program. In order to obtain credit for the DAP 3 program, you must attend the DAP 1 and DAP 2 programs.
Medicaid Managed Care and Managed Long Term Care: Legal Update- This program will cover the
following topics: Major Federal Changes in Fair Hearing Rights
Effective March 1, 2018, Requiring “Exhaustion” of Internal Appeals. Changes Enacted in 2018 NYS budget. Update on the Community First Choice Option, a
Federal incentive to provide long-term services and supports in the community,
and the client rights which accompany this incentive. Advocacy strategies, including litigation. Future of Long Term Services & Supports –
waivers, etc.
Speakers:
Kelly Barrett, Esq., Center for Elder Law & Justice, Belkys Garcia, Esq., The Legal Aid Society, Geoffrey Hale, Empire Justice Center, Adam Prizio, Esq., Empire Justice Center and Rebecca Wallach, Esq., New York Legal Assistance Group.
MCLE Credits: 1.5 Professional Practice
Creating a Student Loan Practice-According to the Department of Education, 42 million American borrowers owed more than $1.3 trillion in federal student loans in 2017. With student debt surpassing credit card, auto loans, and mortgages as the fastest growing source of debt in the United States, more and more people struggle with repaying student loans. This session will focus on how legal services and legal aid attorneys can incorporate student loan advocacy into their practices. Panelists will also discuss common legal issues in the student loan arena, as well as strategies to help clients resolve their student loan issues.
MCLE Credits: 1.5 Law Practice Management
Speakers: Shanna Tallerico, Esq., Supervising Attorney, New York Legal Assistance Group and Sidney Cherubin, Esq., Director of Legal Services, Brooklyn Bar Association Volunteer Lawyers Project.
Kinship Options and Benefits- Kinship care refers to grandparents, relatives, and family friends caring for children. Most of these non-parent families have contact with local services districts’ child welfare or public benefits staff. District child welfare officials are required to inform potential kinship caregivers of their “options” for care, including private care, “direct” custody under Article 10, and foster care. But advocates note that frequently caregivers are not informed or may be misinformed. Similarly, when caregivers apply for public benefits, districts are required to provide information on a special “child only” financial assistance grant. However, complete information detailing caregivers' rights often is not made available.This session will identify local districts' practices and explore advocacy strategies for protecting caregivers' and minors’ rights to fully understand their options and access to public assistance grants. Included will be an examination of the overlap of Family Law, Social Services Law, Benefits Law, and Constitutional Law in enforcing the rights of non-parents and of minors, the districts’ affirmative obligations to advise and assist families in need, as well as the remedies available to families who seek retroactive relief when they have not been informed or misled to the detriment of the children in their care. Also included will be information on local and state resources that advise and educate kinship families about their rights and benefits.
MCLE Credits: 1.5 Professional Practice
Speakers: Susan Antos, Esq., Senior Staff Attorney, Empire Justice Center, Jessica Backer Brand, Esq., Joseph M. Connors, Esq., Professor of Law, Director of Albany Law School's Health Law Clinic, Gerard Wallace, Esq., Director of NYS Kinship Navigator.
Helping Protect Low Income Workers from Economic Exploitation: Legal Update and Advocacy Skills -This program will address some important and emerging trends in federal, state, and New York City employment law affecting low income people, with an emphasis on serving low income clients in a legal services/public interest practice.
MCLE Credits: 1.5 Skills
Speakers: Sarah Leberstein, Esq., Jim Williams, Esq., Legal Services of Central New York, Reena Arora, Esq., Urban Justice Center, and Peter Dellinger, Esq., Senior Staff Attorney, Empire Justice Center.
DAP 2: Direct Examination in Mental Impairment-This panel session will address how to conduct an effective direct examination at a hearing before an SSA Administrative Law Judge (ALJ), focusing on issues related to trauma induced impairments such as PTSD, DAA, and other mental impairments. It will also introduce proactive strategies to deal with credibility issues that may arise at this type of hearing, and will cover ways in which advocates can better elicit helpful testimony on direct examination. The session will also cover ethical issues related to representing clients with mental impairments.
MCLE Credits: 1.5 Skills
Speakers: Montel Cherry, Esq., Supervising Attorney, Mobilization for Justice, Ann Biddle, Esq., Deputy Director, Queens Legal Services, Joseph Clark, Esq., Regional Supervising Attorney, Neighborhood Legal Services Program and Emilia Sicilia, Esq., Urban Justice Center.
Note: The DAP sessions are designed as a progression from introduction of the substantive law concept (impact of trauma on disability clients), to better understanding of the concept from a medical expert (psychiatrist presentation), to putting problem solving skills into practice for these cases (developing effective direct exam) and disability cases generally (preparing for expert witnesses and ALJ mock hearing). In order to obtain credit for the DAP 2 program, you mush attend the DAP 1 program. In order to obtain credit for the DAP 3 program, you must attend the DAP 1 and DAP 2 programs.
Identifying, Challenging and Overcoming Civil Impacts of Criminal Convictions in 2018: Tools for the Civil Legal Services Practitioner Incorporating Recent Changes in Law and Policy - Experienced reentry practitioners from across the state will train workshop participants on new criminal records-related laws and policies, and their impact on civil matters, ranging from employment to housing to child support, civil forfeiture and financial well-being. Trainers will provide basic education on how criminal records are created (including the path of a criminal case and typical court documents that government employers sometimes request as part of a job application), introduce participants to the criminal records sealing law passed as part of last year’s Raise the Age legislation, and discuss the differences between sealing, suppression and expungement of criminal records as well as their impact on a wide variety of civil matters. The session will include a brief discussion of the different types of background checks, how to read them and the uses to which they are put. Trainers will also discuss new developments in criminal records-related public housing policy. Comprehensive written materials will be provided to all participants.
MCLE Credits: 1.5 Skills
Speakers: Kelly Gonzalez, Esq., Deputy Director, Center for Community Alternatives, Adam Shoop, Esq., Legal Director of the Civil Action Practice, Bronx Defenders, Christine Vogel, Esq., Legal Aid Bureau of Buffalo, Judy Whiting, Esq., General Counsel, Community Service Society of New York.
Serving LGBTQ Survivors of Intimate Partner Violence in Family Law Cases: Best Practices and Recent Legal Developments(I)- LGBTQ survivors of intimate partner violence face many barriers to obtaining appropriate legal services and support. This CLE will provide legal services attorneys with knowledge and skills to enable them to more effectively support and work with LGBTQ-identified clients, including creating an inclusive and comprehensive intake process, alleviating the negative effects of bias on clients, and reviewing recent case law developments impacting the rights of LGBTQ clients in family law matters.
MCLE Credits: 1.5 Skills
Speakers: Bret Figlewski, Esq. Legal Director, LGBT Bar Association of New York, Kim Forte, Esq., Supervising Attorney, Legal Aid Society's LGBT Law and Policy Initiative, Jack Newton, Esq., Director of Public Benefits & LGBTQ Advocacy Unit , Bronx Legal Services, Milo Primeaux, Esq., Amy Schwartz-Wallace, Esq., Senior Attorney, Empire Justice Center.
Federal Immigration Developments Affecting Health Care Access in New York State - This program will cover the following topics: Medicaid coverage for those who lose DACA and
Temporary Protected Status Impact of leaked Executive Order on public
charge / sponsor liability: possibility of changes to law and policy putting
immigrants and sponsors at risk, and chilling effect on access to coverage. Changes in and rumors
about immigrant enforcement are deterring even legal immigrants from
accessing vital health care – not only jeopardizing their own health but
also raising public health concerns regarding contagious diseases, etc.
MCLE Credits: 1.5 Professional Practice
Speakers: Domna Antoniadis, Esq., Senior Staff Attorney, Legal Health, New York Legal Assistance Group and Susan E. Welber, Esq., Staff Attorney, Civil Practice Law Reform Unit, The Legal Aid Society.
Innovations in Law Student Pro Bono Opportunities-In the three years since the first law student cohort was
required to undertake 50 hours of pro bono for admission to the NY state bar,
exciting new strategies and collaborations have developed. This panel
presentation will discuss designing a sound blueprint for innovative law
student involvement in your legal services organization. These innovations fill
the gap in need, generate pro bono ethos in future private attorneys, and
reenergize legal aid staff. The panelists will share successes and challenges
from short service law student break trips, mentorship pairing with emertius
attorneys, and collaborations with law school clinical programs. This CLE
program will provide tips for recruiting, planning, training, implementing, and
sustaining innovative partnerships with law students and law schools. The
program will also highlight opportunities for collaborative funding
applications for law schools and legal aid organizations.
MCLE Credits: 1.5 Professional Practice
Speakers: Gayle Murphy, Esq., Pro Bono Manager at ECBA Volunteer Lawyers Project, Michaela Azemi, Esq., Public Service Advisor at Cornell Law School, Daniel Matos, 3L Law Student at Cornell Law School, Edward D Barbieri, Esq., Assistant Professor of Law, Director of Albany Law School's Community Development Clinic, Nicole Komin, Esq., Staff Attorney and Pro Bono Coordinator at Center for Elder Law and Justice
Landlord-Tenant Cases Involving Conditions: Remedies and Strategies for the Tenants' Attorney -
This will be a panel discussion of common
problems which arise in warranty of habitability cases and remedies/strategies
which have been used successfully. We will discuss the following areas: Common
problems in warranty of habitability cases; courts requiring rent deposits before
holding abatement hearings; lack of cooperation by code enforcement and health
departments; and use of code enforcement as a sword for the landlord rather
than a shield for the tenant, which sometimes results in an eviction.
MCLE Credits: 1.5 Skills
Speakers: Bryan Bergeron, Esq., Staff Attorney, Legal Aid Society of Northeastern NY, Marika Dias, Esq., Patrick Slagle, Esq., Supervising Attorney, Legal Assistance of Western NY, Marti Weithman, Esq., Assistant Commissioner of HPD'd Housing Litigation Division, Travis Arrindell, Esq., Deputy Program Director, Brooklyn Legal services.
The Challenge of Justice Courts Practices - Recognizing the challenges endemic to justice court practice, this program will endeavor to aid the practitioner in surmounting those challenges, which include but are not limited to advocating before those justices who are unfamiliar with the rights of tenants (both lay justices and attorney justices), dealing with bullying justices and hostile court support staff ("shadow justices"), sexism, racism, ageism, cronyism, the right to obtain copies of justice court files, what to do when a justice refuses to entertain Orders to Show Cause or when a justice cannot be found, illegal lockouts, utility shut-offs, as well as the blatant disregard all too often shown for the due process rights of our clients.
MCLE Credits: 1.5 Professional Practice
Speakers: Cheryl A. Beverson, Esq., Justice, Village of Bloomingburg Justice Court, Debra Collura, Esq., Senior Attorney, Legal Aid Society, Tara Glynn, Esq., Staff Attorney, Legal Aid Society of Northeastern New York, Inc., Jaime Samarel, Esq., Senior Staff Attorney, Legal Services of the Hudson Valley and Adrienne Lena Thiel, Esq., Legal Services of the Hudson Valley.
Rapid Fire Technology Talks- This series of brief presentations will
highlight exciting technologies currently in use or within reach of the NYS
civil legal aid community. Integrating Technology
to Support 100% Access - Chris Schwartz,
City Bar Justice Center , NYS Remote Hearings on
Temporary Orders of Protection - Rochelle
Klempner, New York State Courts , IT Help Desk on a Budget - Michael Hernandez, Just-Tech ,Crime Victims Legal
Network - Remla Parthasarathy, Empire Justice
Center , New York State Tech
Update - Christine Fecko, NYS IOLA Fund , Raising the Bar:
Technology Training for Legal Aid Advocates - Jon
Miller, Legal Assistance of Western New York and #Hashtags for systemic
advocacy & agile data collection - Rebecca Widom,
Bronx Defenders
Non-CLE
Speakers: Anna Steele, Director of Consulting, Just Tech, Chris Schwartz, City Bar Justice Center, Jon Miller, Technology Coordinator, Legal Assistance of Western New York, Christopher Schwartz, Esq., Deputy Director of the Legal Hotline, New York City Bar Justice Center, Rochelle Klempner, Esq., New York State Court System's Division of Technology, Michael Hernandez, Director of Client Services, Just-Tech, Christine Fecko, Esq., General Counsel, IOLA Fund of the State of New York, Rebecca Widom, Chief Data Scientist, Bronx Defenders and Remla Parthasarathy, Esq., Project Leader, Crime Victims Legal Network.
Best Practices in Community Economic Development Law- Community economic development practices are popping up as an increasingly common area of practice within many legal service agencies and law school clinics. But what makes a successful community development practice and how does this practice translate across New York’s varying geographical areas? The panelists, representing community development practices from New York City, Westchester, the Capital Region, Long Island, and Western New York, will discuss best practices in successfully developing and operating a community development practice. The panelists will focus on crucial topics, such as: (1) What legal work do community development practices concentrate on and how do they advance access to justice; (2) How do community development practices differ between law school clinical settings and the legal services setting, and; (3) How do community development practices and clinics utilize pro bono partnerships to achieve client and program goals. Attendees will complete the workshop with a better understanding of what community economic development practices look like throughout New York State and how the practice can be incorporated into their organization.
MCLE Credits: 1.5 Professional Practice
Speakers: Professor Carmen-Huertas-Noble, Director of the Community & Economic Development Clinic at CUNY School of Law, David Craft, Albany Law School Community Development Clinic Fellow, Professor Edward De'Barbieri, Albany Law School, Gowri Krishna, Associate Professor New York Law School, Gregory E. Kimble Jr., Equal Justice Works Fellow, Jonathan Placito, Esq., Legal Assistance of Western NY, Michael Haber, Esq., Director Community and Economic Development Clinic and the Entrepreneurship and Intellectual Property Clinical Practicum, Maurice A. Dean School of Law, Hofstra University.
Serving LGBTQ Survivors of Intimate Partner Violence in Family Law Cases: Best Practices and Recent Legal Developments (II) - LGBTQ survivors of intimate partner violence face many
barriers to obtaining appropriate legal services and support. This CLE will provide legal services
attorneys with knowledge and skills to enable them to more effectively support
and work with LGBTQ-identified clients, including creating an inclusive and
comprehensive intake process, alleviating the negative effects of bias on
clients, and reviewing recent case law developments impacting the rights of
LGBTQ clients in family law matters.
MCLE Credits: 1.5 Skills
Speakers: Bret Figlewski, Esq. Legal Director, LGBT Bar Association of New York, Kim Forte, Esq., Supervising Attorney, Legal Aid Society's LGBT Law and Policy Initiative, Jack Newton, Esq., Director of Public Benefits & LGBTQ Advocacy Unit , Bronx Legal Services, Milo Primeaux, Esq., Amy Schwartz-Wallace, Esq., Senior Attorney, Empire Justice Center.
School Matters: Integrating Education Advocacy into the Legal Representation of Adult Clients and Their Children - This program will give practitioners a
foundation in the fundamentals of school law that may profoundly affect legal
and life outcomes for their clients and their clients' children. It will focus on the educational rights of
children or youth who are homeless, placed in out-of-home care, English
language learners or need special education services. The workshop will also address issues such as
school enrollment and access, obtaining school records and the sometimes
complex question of who has the right to make education decisions on behalf of
a child. It will provide participants
with a set of interview and legal issue checklists, sample form letters and
documents, summaries of salient law and legal tips and strategies.
MCLE Credits: 1.5 Skills
Speakers: Judith M. Gerber, Esq., Legal Aid Bureau of Buffalo, Inc., Jennifer Pringle, Esq., Director, NYS Technical And Education Assistance Center for Homeless Students and Ashley Westbrook, Esq., Legal Assistance of Western New York, Inc.
Changing Temporary Shelter Rules: A Tale of Two Advocacy Strategies-This panel will explore two different—and successful—strategies for creating system-wide improvements to agency policies and procedures that negatively impact homeless clients. In Erie County, the local department of social services had employed excessive documentation requirements to deny shelter to applicants who could not “prove” their homelessness. Local and statewide advocates worked together, using the threat of class action litigation as leverage to bring the agency to the negotiation table. Ultimately, DSS restructured the shelter application process and issued a strong new policy clarifying the applicant’s right to shelter and the agency’s duty to assist and to provide reasonable accommodations to people with disabilities. In New York City, advocates sued the City in federal court under the ADA as well as other City and State laws to obtain additional rights for disabled New Yorkers at all stages of the application and shelter administration process. By partnering with local non-profits as institutional plaintiffs as well as having varied representational plaintiffs, the lawsuit was able to fix the system for thousands of homeless New Yorkers after a lengthy negotiation and settlement process.
MCLE Credits: 1.5 Professional Practice
Speakers: Beth Hofmeister, Esq., Staff Attorney, Legal Aid Society's Homeless Rights Project, Diana Proske, Esq., Staff Attorney, Public Benefits Unit at Neighborhood Legal Services, Inc., Penny Selmonsky, Esq., Supervising Attorney Public Benefits Unit at Neighborhood Legal Services and Claudia Wilner, Esq., Senior Attorney, National Center for Law and Economic Justice.
Public Service Loan Forgiveness Program Eligibility- Public Service Loan Forgiveness program (PSLF) is a federal student debt forgiveness program for individuals who work in a non-profit or government agency. This workshop is designed to discuss all aspects of eligibility: loan type, employment type and repayment plan. It will also go over the various proposals to end the PSLF program and how they may affect non-profit staff with student loans. We will also discuss how to convert non-qualifying loans into qualifying loans and will touch briefly on the various lawsuits related to PSLF.
Non-CLE
Speakers: Meghan B. Hudson, Financial Counselor, New York Legal Assistance Group, Kathleen A. Krumpter, Senior Financial Counselor, New York Legal Assistance Group and Douglas Ostrov, Director Financial Counseling, New York Legal Assistance Group.
New York State Limited Scope Representation in 2018: Ethical and Practical Implications- This program reviews the recently proposed statewide Limited
Scope Guidelines, from the NYSBA President's Committee on Access to Justice,
which outline the requirements and ethical obligations associated with
providing unbundled legal assistance in New York. In December of 2016, Chief
Administrative Judge Lawrence Marks issued an administrative order encouraging
the use of limited scope representation and setting forth specific requirements
for providing limited scope representation in court. Under the order, attorneys
appearing in a limited scope capacity must complete an OCA training course.
This program will serve as a certified training course.
MCLE Credits: 1.5 Ethics
Speakers: Robert Elardo, Esq., Executive Director of the ECBA Volunteer Lawyers Project, Michaela Azemi, Esq., Public Service Advisor at Cornell Law School, and Edwina Frances Martin, Esq.
Racial Justice - Best Practices for Lawyers - This program will discuss and examine best practices – strategic, operational and philosophical - regarding how race and racism inevitably impact our clients, and the work we do on their behalf. Through the panelists, we will inspire and encourage audience members to address issues of individual, institutional and structural racism 1) internally, with our work colleagues; 2) with our clients; 3) with our adversaries and co-counsel; 4) in court, administrative venues, and with other decision-makers; and 5) in advocacy, education and campaign strategy. This workshop will discuss successes, challenges, and different approaches in these areas. These best practices can and should be shared across our sector.
MCLE Credits:1.5 Diversity, Inclusion and Elimination of Bias
Speakers: Montel Cherry, Esq., Supervising Attorney, Mobilization for Justice, Angel S Harris, Esq., Assistant Counsel, NAACP Legal Defense Fund, Ancy Thomas, Esq., Disability Advocacy Program Attorney, Legal Services of the Hudson Valley and Michele Yakson, Attorney, CAP, Bronx Defenders
Maintenance- Litigating under the New Statute- This program will give a brief overview of the maintenance guidelines statute, reviewing recent trends and case law. Then, there will be a discussion of strategies for litigating specific issues, such as hidden income, utilizing the deviation factors, representing the higher earner, representing the DV survivor and litigating the length of time the maintenance award shall be for. There will also be discussion of the new tax laws as they impact family law, with a discussion of the change in the taxability of maintenance.
MCLE Credits: 1.5 Skills
Speakers: Lorraine R. Silverman, Esq., Partner, Mack & Associates, PLLC and Laura A. Russell, Esq., Supervising Attorney Family Law/Domestic Violence Unit, Legal Aid Society in NYC.
Group Representation in Wage and Hour Cases: Ethical Issues - This program will explain the basic legal requirements of multi-plaintiff, collective and class action wage theft cases under the Fair Labor Standards Act and New York Labor Law brought by resource limited legal services and non-profit firms. It will also explore ethical issues arising in group representation and partnership with worker centers.
MCLE Credits: 1.5 Ethics
Speakers: Rob McCreanor, Esq., Magdalena Barbosa, Catholic Migration Services, Maureen Hussain, Esq., Staff Attorney, Hudson Valley Justice Center and Artmemio Guerra, Esq.
Navigating Short Sales: Practical Skills for the Advocate - Short sales can be a valuable tool for clients threatened with foreclosure who wish to sell their homes, but the process can be complicated and rife with pitfalls. This session will assist advocates in determining when short sale may best help clients and will focus on what steps to take to successfully complete a short sale and avoid foreclosure. Attendees will gain tips and insights about navigating the short sale process.
MCLE Credits: 1.5 Skills
DAP 3: Direct and Cross Examination Strategies for Expert Witnesses -This panel session will review the roles of expert witnesses at Social Security hearings, both vocational and medical experts. Panelists will explore the importance of evidence from medical source statements (MSS) in preparing for cross examination of these experts. The session will introduce or sharpen skills necessary for cross examining SSA’s experts. Sample – or “mock” – direct and cross examinations will be conducted.
MCLE Credits: 1.5 Skills
Speakers: Michelle Spadafore, Senior Supervising Attorney & Project director, NYLAG, Facilitator, German Castaneda, Paralegal, Mobilization for Justice, Rezwanul Islam, Senior Staff Attorney, Nassau Suffolk Law Services Committee and Michael Telfer, Senior Staff Attorney, Legal Aid Society of Northeastern New York.
Note: The DAP sessions are designed as a progression from introduction of the substantive law concept (impact of trauma on disability clients), to better understanding of the concept from a medical expert (psychiatrist presentation), to putting problem solving skills into practice for these cases (developing effective direct exam) and disability cases generally (preparing for expert witnesses and ALJ mock hearing). In order to obtain credit for the DAP 2 program, you mush attend the DAP 1 program. In order to obtain credit for the DAP 3 program, you must attend the DAP 1 and DAP 2 programs.
Using Technology to Enhance Pro Bono Projects - This program will discuss how technology can be used to enhance pro bono programs. The panelists will share what technology they have used in the past, what they are currently using, and what they have in development. They will share ethical concerns related to these kinds of projects and what lessons they have learned in terms of what works well and what doesn’t.
MCLE Credits: 1.5 Skills
Speakers:
Public Benefits Income and Resource Rules and the Impact of Lump Sum Receipt on Benefits Eligibility - This presentation will provide a brief overview of income and resource rules for the most common public benefits programs in New York State. The presenters will discuss how lump sum awards affect public benefits eligibility, provide screening tools to assist with lump sum case planning, and discuss strategies to mitigate the impact of lump sum awards on current and prospective public benefits eligibility. The panel will also include discussion of two recent cases dealing with the resource rules: Stewart v. Roberts, Index No. 5507/15 (Sup. Ct. Albany County, Aug. 11, 2016) (appeal pending), and Garcia v. Roberts, Index No. 101465/2015 (Sup. Ct. N.Y. County, Stipulation and Order of Settlement, Oct. 6, 2016).
MCLE Credits: 1.5 Skills
Speakers: Susan Antos, Esq., Senior Staff Attorney, Empire Justice Center, Paula Arboleda, Deputy Director of Public Benefits and LGBTQ Advocacy at Bronx Legal Services and Maryanne Joyce, Esq.
Transgender Healthcare: Successfully Appealing Medicaid Denials- In 2014, The Legal Aid Society, the Sylvia Rivera Law Project and Willkie Farr & Gallagher LLP filed Cruz v. Zucker, a challenge to NY’s ban on Medicaid coverage for gender affirming care for transgender New Yorkers. The district court granted plaintiffs summary judgment motion in 2016. Effective December 7, 2016, DOH adopted an amended regulation allowing for Medicaid coverage for all medically necessary transgender health care regardless of age. Transgender Medicaid beneficiaries are now able to request and receive coverage for gender affirming care, but denials are still common. This workshop will begin with a brief introduction to Medicaid and relevant litigation history for attendees with less health law expertise. We will then spend significant time on how to appeal denials of care, focusing on effective fair hearing advocacy for frequently denied procedures (e.g., facial feminizing surgeries and breast augmentation), and addressing how advocacy may change with the implementation of mandatory exhaustion of internal appeals. We will also address ethical responsibilities and concerns that might arise in the course of representation of transgender clients in Medicaid appeals.
MCLE Credit: 1.5 Skills
Speakers: Jose Abrigo, Esq., Staff Attorney, LGBTQ?HIV Advocacy Project at Queens Legal Services, Belkys Garcia, Esq., Staff Attorney, The Legal Aid Society, Milo Primeax, Esq.
Waivers for Permanent Residents: The Legal Issues -This presentation covers 3 important waivers that are available to practitioners representing lawful permanent residents in proceedings. We will discuss the continuing availability of waivers under former INA Section 212(c), the precursor to cancellation of removal for lawful permanent residents. We will then discuss a waiver of criminal convictions using the 212(h) waiver. This is also commonly known as readjustment of status. Finally, we will discuss the waiver under section 237(a)(1)(H) which is also known as the fraud waiver.
MCLE Credits: 1.5 Professional Practice
Speaker: Joanne Macri, Esq.
Best Practices for Using Data to Track Outcomes (Non-CLE)
Enhancing the Cultural Competence of a Legal Aid Program -In this workshop, the IOLA Fund and program leaders on collecting diversity data and best practices in providing cultural competence training will provide up to date resources and definitions for self-identification, moving New York forward and taking advantage of this moment in time when we have more diverse staff attorneys than ever before. How can we retain them? How we can move our programs forward? How can we collect more accurate data?
MCLE Credits: 1.5 Diversity, Inclusion and Elimination of Bias
Speakers: Chris O'Malley, Executive Director, IOLA Fund of the State of New York, Lillian M. Moy, Esq., Executive Director, Legal Aid Society Northeastern New York, Tanya Douglas, Esq., Director of the Disability Advocacy Project, Manhattan Legal Services and Tina Monshipour Foster, Esq., Executive Director, Volunteer Legal Services Project of Monroe County.
Current Status of DACA and Alternative Remedies for Recipients-Overview of DACA challenges, 2017 rescission, and current status.
MCLE Credits: 1.5 Professional Practice
Speakers: Sarah A. Bertozzi, Esq., Managing Attorney, Journey's End Refugee Services and Hannah Vickner Hough, Esq., Immigration Staff Attorney, Legal Aid Society of Rochester.
Death & Taxes: A Survey of Tax Debt Issues for Low-Income Clients and Strategies for Advocates- "In this world nothing can be said to be certain, except death and taxes." This is an age-old truth, yet people living in poverty have limited access to legal representation in delinquent tax matters.This session will focus on introducing advocates of all practice areas to common property and income tax issues our clients face. Attendees will leave this session better prepared to handle tax questions as they come in and learn how to utilize familiar tools such as administrative hearings, negotiation strategies, and bankruptcy proceedings to resolve tax debts.
MCLE Credits: 1.5 Skills
Speakers: Amaris Elliot-Engel, LawNY, Derek Wheeler, Esq., Staff Attorney, Erie County Bar Association Volunteer Lawyers Project, Catherine Isobe, Brooklyn Legal Services, Jacqueline Griffin, Brooklyn Legal Services and Mark H. Wattenberg, LawNY
Collateral Consequences: The Effects of (Alleged or Actual) Crimes on Stable Housing - We are also proposing this as a panel discussion, which will have two primary components. When Victimhood Can Mean Eviction and How to Stop it: VAWA, nuisance ordinances, orders of protection an Defending Against Eviction Based on an Alleged Crime: Enumerated Crimes in Subsidized Housing, Burden of Proof, Discriminatory Intent and Disparate Impact, RPAPL 71.
MCLE Credits: 1.5 Professional Practice
Speakers: Amy Schwartz-Wallace, Senior Attorney, Empire Justice Center, Marcie Kobak, Esq., Supervising Attorney, Legal Services of the Hudson Valley, Anca Grigore, Esq., Senior Staff Attorney, Brooklyn Defender Services and Lauren Price, Esq., Staff Attorney, Brooklyn Defender Services.
The Affordable Care Act in NYS in 2018: Successes, Challenges, and Responses to Federal Threats-
MCLE Credits: 1.5 Professional Practice
Speakers: Lisa Sbrana, Dirctor, Office of Marketplace Counsel, NY State of Health and Elisabeth Ryden Benjamin, M.Sc.,J.D., Vice President of Health Initiatives, Community Service Society.
Early Intervention Tools: Legal Risk Detector and LiveHelp- This session will highlight two, innovative technologies, The Legal Risk Detector and Live Help, and demonstrate the key features and benefits of each program.
For 8 years LiveHelp, LawHelpNY's bilingual simultaneous livechat service, has trained law students and law graduates to issue spot for civil legal issues and to offer relevant legal information and legal referrals to assist website visitors. LawHelpNY will present on the lessons we have learned, our pro bono training model and how it has developed. In the presentation we will do a livechat demonstration and discuss how we have utilized New York’s wealth of law student talent to expand access to justice for marginalized individuals and communities. We will discuss considerations we made with regard to technology, staffing, and engaging pro bono assistance in choosing a live chat model; and the challenges and opportunities inherent in LawHelpNY’s model.
The Legal Risk Detector is a legal health check-up tool designed to screen individual seniors for the risk(s) a senior may face in the areas of housing, debt, health care, financial exploitation and elder abuse. By utilizing the Risk Detector, users are able to identify hard to reach populations, such as older adults or people with disabilities who may not realize that they are facing a specific legal issue, or did not realize that there is a legal solution to their problems. Panelists will share lessons learned from collaborations with non-attorney professionals, the training and technology powering them, and opportunities for other versions and for replication in other jurisdictions.
Non-CLE
Speakers: Aimee Latorre, Esq., LawHelp NY, Molly White, Esq., Center for Elder Law & Justice, Ryan Gallagher, Esq., Legal Information for Families Today, Ashley Coneys, Esq., Pro Bono Net
