Kent Center for Human and Organization Development

Why are we Here?

Domestic violence advocates and SOAR (the battered women's task force of the Coalition) have identified the lack of legal assistance as a major problem statewide for victims of domestic violence seeking restraining orders, custody, visitation, and child support. In 1999, 3,658 abuse victims in Rhode Island sought protection from abusive partners/ex-partners by filing for pro se temporary restraining orders through the Rhode Island courts.

Rhode Island Legal Services (RIES) currently collaborates with The Rhode Island Coalition Against Domestic Violence on the Civil Legal Assistance Project. Under this project, the women's shelters making up the membership of the Coalition provide screening, referrals, counseling, education and support advocates. (RIES) attorneys and paralegals provide legal assistance to victims of domestic violence. This collaboration provides the basic foundation for the provision of legal assistance in obtaining restraining orders to stop the violence.

(RIES) is seeking VOCA funds to enhance the number of victims being served through the Civil Legal Assistance Project.

Without legal representation, in contested cases where a lawyer is present for the other side, a victim of domestic abuse often feels powerless and disadvantaged in the courts. Consultation with an attorney, in preparation for a court appearance, empowers the victim by helping them to understand the court's procedures so that they can confidently appear before a judge and stand with legal representation. If counsel represents the other side, the victim needs an attorney to equalize the balance of power. Attorneys representing only one side may be able to convince the person without legal counsel to agree to drop the protection order process. Not only is the restraining order itself often contested, but also in some cases, custody, visitation, and child support are the subjects of litigation. Often the person with legal representation will seek custody through the protection order process as a way to retain control over the other person. The likelihood of one side being awarded custody in the protection order process increases when that one side is represented by an attorney and the victim is not. This imbalance of power can have devastating effects, from placing the victim into a potentially dangerous situation, to giving custody of the children to someone who may be dangerous to them.

Many clients who received legal assistance through (RIES) in the Civil Legal Assistance Project revealed that having an attorney made the difference for them in pursuing a court order of protection, stating that fear of facing their abuser alone at a hearing had kept them from pursuing protection in the past. The award of VOCA funds to Rhode Island Legal Services, Inc. complements the existing Civil Legal Assistance Project. It helps secure immediate legal protection for additional victims of domestic violence and their children, enabling them to pursue lasting protection from violence and restore their sense of dignity, power and control over their lives.

Who are we?

Rhode Island Legal Services (RILS) is a nonprofit law firm incorporated in 1969 by Act of the Rhode Island General Assembly. Our mission is to provide legal representation to low income people for the purpose of improving their economic and human condition by protecting and enforcing legal rights; stabilizing the family unit; promoting self reliance; reaching out to groups with added burdens on their access to the legal system and affording dignity to people.

The legal assistance RILS provides is unduplicated by any other law firm in the state and is a necessary and highly specialized service ranging from advice and counsel to direct representation in complex litigation. RILS provides statewide civil legal assistance to a client population of approximately 280,000 low-income and elderly Rhode Islanders. Pursuant to federal regulations, the Board of Directors has approved a policy that extends representation to 130,000 Rhode Islanders with incomes up to 125% of the Federal Poverty Guidelines. In addition, 150,000 senior citizens fall within RILS' eligibility guidelines.

As the states only law firm concentrating on the issues affecting the poor and elderly, we are unable to represent all in need of legal assistance. RILS has focused and allocated its resources to address the legal obstacles these clients face daily in obtaining the basic necessities of living such as: food, shelter, medical attention, and a safe, secure living environment free from violence. RILS provides legal advice, brief service and direct representation to clients in the legal areas such as: housing; public benefits; consumer credit problems that threaten the loss of home or income; domestic violence, child support and custody; utility service problems, and elderly health and nursing home issues.

RILS uses a tried and true delivery system developed over its thirty-one year history. The development of this poverty law expertise is aided by the Unit Structure. RILS has three major substantive units or workgroups: Housing, Family Law, and Public Benefits. A Unit Head supervises each substantive unit. The unit structure allows for specialization and enables victims of domestic violence to receive specialized coordinated legal assistance under one roof.

In order to provide access to all clients throughout the state, there are two offices that are strategically located. The main office is located on the fourth and fifth floors of the Hanley Building on 56 Pine Street in Downtown Providence and may be reached from anywhere in the state by bus. It is within walking distance of all federal and state courts as well as many state agencies serving our clients. This office primarily serves central and northern Rhode Island, including the Woonsocket service area.

The Southern Rhode Island/Newport Office serves the communities of Wakefield, Peacedale, Westerly, Newport, Portsmouth and Exeter. Many low-income people living in these areas do not have easy access to public transportation or may feel intimidated at the prospect of coming into downtown Providence. Our South County clients can call on a toll-free line, as well as communicate with us by fax, thanks to the cooperation of South County Community Action.

RILS also relies on telephone contact to maintain client accessibility. We maintain "800" telephone lines so that toll-free access to the Providence office is available to clients throughout the state. RILS also has a TDD machine that allows communication with hearing impaired clients who need legal services. On occasion, RILS will retain interpreters to sign if necessary.

Language remains a barrier to legal assistance for Rhode Island language minorities, which are among the fastest growing in the nation. Rhode Island has one of the fastest growing Hispanic populations in the country. RILS maintains a telephone voice mail system that gives instructions in Spanish as well as English. A number of staff who are bilingual in English and Spanish, including a receptionist, a secretary, 2 paralegals and 2 attorneys. This ensures that our Latino clients are serviced in the language in which they speak. RILS is an equal opportunity employer and maintains an affirmative action plan. The organization makes every effort to ensure that staff is representative of the populations we serve.

An experienced management team directs RILS. Robert Barge, the Executive Director of RILS, is be primarily responsible for implementation and administration of the project. Mr. Barge has 21 years of experience as a legal service attorney, 19 years of management experience and has served as Executive Director for ten years. Direct supervision of the project attorneys and paralegals are provided by Attorneys Janet Gilligan, Deputy Director and Elizabeth Segovis, Director of Training and Supervision. Ms. Gilligan has 21 years of legal experience, with 10 years of management experience. She has designed and presented trainings on domestic violence and custody and prepared an informational pamphlet and "Self Help" Manual explaining the Rhode Island Domestic Abuse Prevention Statute which is used 3 by shelter staff and advocacy groups. Ms. Segovis has 21 years of legal experience, 13 years of this with legal services programs. Litigation is directed by our senior attorney Robert Sabel, Esq. Mr. Sabel has 25 years of legal services experience. He has 22 years of management experience and has directed litigation for 10 years. This longevity gives our staff a wealth of knowledge in poverty law issues and of the client community. It also brings credibility with the bench, the bar, government and community agencies.

The Board of Directors is composed of 15 Attorneys, 8 client eligible members and the Executive Director of the Rhode Island Coalition Against Domestic Violence. The board is an active involved one, chaired by Walter R. Stone, Esq., a partner with Adler, Pollock and Sheehan. The finance committee of the Board of Directors is headed by William Browner, Esq. of Fleet Bank.

What is our challenge?

The availability of professional and legal assistance during periods of crisis can determine the success or failure of a victim's attempt to escape violence. If the abuser has legal counsel, the victim needs an attorney to equalize the balance of power. Attorneys may be able to convince victims without legal counsel to agree to drop the protection order process. Not only is the restraining order itself often contested, but also in some cases, custody, visitation, and child support is the subject of litigation. Often a person will seek custody through the protection order process as a way to retain control over the other person. The likelihood of an abuser being awarded custody in the protection order process increases when the abuser is represented by an attorney and the victim is not. This imbalance of power can have devastating effects, from placing a person back into a dangerous situation, to giving custody of the children to someone who may endanger them.

For many victims of domestic abuse, seeking help from a shelter or the courts is their first opportunity to assert their right to be free from physical, emotional and sexual abuse. Leaving a batterer and obtaining a restraining order are extraordinary events that initiate permanent life changes and repercussions. A victim of domestic violence who takes the giant step of petitioning the courts for protection should not be forced to go forward without legal assistance when faced with opposing legal council..

The Executive and Deputy Directors of RILS and the Executive Director of the Rhode Island Coalition Against Domestic Violence met in the Spring of 1997 to discuss this problem and formulate a strategy to help provide these victims with access to needed legal assistance. The Civil Legal Assistance Project (CLA), a collaborative effort was the outcome. Established in 1998, the CLA has been very effective in linking victims of domestic violence and their children to the network of support and legal services available in the State. Perhaps the most significant impact has been in filling a need for legal representation where no other service was previously available on a consistent basis. The project provided legal assistance to over 400 clients. Responses from a client focus group reveal that having an attorney made the difference for many victims in pursuing a court order of protection. Clients stated that fear of facing their abuser alone at a hearing had kept them from pursuing protection in the past.

Client satisfaction surveys indicated they felt they were greatly helped with: getting information about legal rights and choices; being told what to expect in court; by having an attorney and/or advocate appear with them in court; and having someone who would listen to and support them. Primarily the project works to coalesce the existing network of victim advocates and legal advocates to provide critical legal assistance to the victims of domestic abuse at their most vulnerable moment. It brings together the collaborative services of RILS and the domestic violence emergency shelters in order to insure the legal needs of victims of domestic abuse throughout the state.

The regular presence and advocacy by professional staff in Family Court appears to have had an impact on rulings and procedures there. Staff and clients both noted that domestic violence victims who are represented in second hearings for restraining orders are treated better than unrepresentative ones. RILS' project attorneys are currently litigating the issue of what the legal standard should be for granting the extension of an existing protective order. A number of successful appeals have been filed under the Domestic Violence statute, one of which resulted in recognition of stepchildren as "family members" who are eligible for court protection for the first time. A pending appeal will address the effect of pre-nuptial agreements on the protections available under a restraining order.

What is our action plan?

This program consists of emergency legal assistance in the protection order process, as well as ongoing advice and counsel. This project is unique and not a duplication of the existing network of domestic violence advocates. It also involves coordination with the Civil legal Assistance Project, collaboration with the Rhode Island Coalition Against Domestic Violence and the Rhode Island Bar Association's Volunteer Lawyer Program for additional direct legal representation and consultations at shelters to address the legal problems facing victims of domestic violence. The expertise of shelter and other domestic violence advocates are critical component in a legal referral system. This system allows victims of domestic violence direct access to legal assistance, separate from the numerous clients with other civil legal problems who daily seek RILS' assistance with a wide variety of legal matters. It creates a comprehensive, collaborative network of victim advocates, emergency shelters, and legal advocates, which addresses the civil legal needs of domestic violence victims.

The Goal of the project is to increase the physical security of 100 low-income clients, through civil legal intervention, by obtaining protection orders. Representation and advocacy secures protection orders for victims and provide them with a more secure environment. Representation is provided for victims seeking protective orders where the other side retains an attorney, thus including the individuals designated, by domestic violence advocates, as in need of legal representation in presenting their cases to the court and whether it is appropriate for staff to proceed to court for that individual at that time. This legal evaluation allows RILS' staff to most efficiently distribute their time and effort among all those seeking assistance. The actual representation of victims coming to RILS for assistance will vary, depending on the legal needs of a particular family unit.

• Does the individual wish to initiate legal action?
• Has a legal action been filed by the abuser?
• Are the whereabouts of the abuser known?
• Is the victim at risk of immediate further harm?
• Are there children involved and if so have they been harmed?
• Is there a problem with visitation or custody?

When the victim of domestic violence, when suffering an injury, or is threatened with serious bodily harm, the legal system is the victim's best hope for obtaining immediate and significant relief. While more accessible than ever to victims of domestic abuse, the legal system is nonetheless procedurally complicated and personally forbidding. This Legal Assistance Project provides advice, instruction, and legal representation to those most in need of navigating their way through the Courts and the administrative agencies that provide safety net services for those in need.

RILS staff advises victims of domestic abuse on their legal options, including criminal prosecution, restraining orders, shelter options and other practical solutions. Those seeking restraining orders receive appropriate legal assistance. RILS' services are unique from those of other programs, because our staff has the legal expertise to assess and evaluate the legal ramifications of the situation and to advise clients as to the most prudent and effectual action to take. The victim receives coordinated legal assistance so that relevant issues important to family stability are identified, and help is provided on as many issues as are consistent with the program's resources and priority areas.

RILS is committed to maintaining its long tradition of providing high quality, effective and efficient legal assistance to indigent clients. The program utilizes a variety of methods and systems to monitor the quality of legal assistance provided to clients and to improve the professional skills and ability of its staff.

Management of the legal work of the program is aided by the Unit Structure. RILS has the following substantive units/projects: Housing, Family Law, Public Benefits/Consumer. Each substantive Unit and the Branch office is supervised by a Managing Attorney. The unit structure allows for specialization and the faster development of the advocate's substantive knowledge and skill within a defined area of the law.

Case assignment decisions are made within specialty units. Usually, these decisions are made in unit case acceptance meetings. RILS utilizes the group case acceptance process where decisions about who is assigned a particular are made in the unit meeting. These group case acceptance meetings serve as a learning experience for new advocates and also ensure that advocates adhere to the priorities of the program. Case assignment decisions generally involve questions of which staff are most appropriate, given the nature of the case and current caseloads of staff within the unit. In some units, particular cases are automatically assigned to a particular staff member. For example, administrative welfare or food stamp problems are assigned to a paralegal responsible for case service in these two areas

The work of each unit is generally supervised by the senior attorney in charge of the unit. Units meet regularly and casework of individual staff is discussed, among other items. Supervisor meet with supervisees weekly, to discuss open cases. All paralegals work under the direct control and supervision of an attorney. Less experienced attorneys are supervised by senior attorneys.

Case reviews are conducted by senior attorney supervisors on a regular basis. Senior attorneys and, in some instances, the Executive Director reviews all cases before they are closed.

Formal case reviews of all staff are conducted as part of the evaluation process. The Director of Litigation reviews all proposed class actions and proposed litigation. The Executive Director is also involved with the unit's supervising attorney in generally reviewing the ongoing work of the unit and its staff.

Monthly staff meetings present an opportunity for discussion of substantive issues before the full star This not only informs staff of what other advocates are working on but aids in the development of oral presentation skills as the presenter must field questions from their peers.

RILS also provides training opportunities to staff, both within the program, as part of the Rhode Island Bar Associations CLE effort and in regional and national training activities. All new advocacy staff receive extensive training by staff specialized in various areas. Besides a general orientation to RILS and its procedures, new staff receive training in all substantive areas in which RILS practices, an introduction to the Rhode Island Court system, and an introduction to administrative/social service agencies with which they may be working. This training includes not only processes but also skill development and is conducted during the first several weeks of employment. RILS includes funds in its budget sufficient to send attorneys to 10 hours of Continuing education of the bar trainings per year. Additionally, staff members attend regional and national training events throughout the year.

How do we measure ourselves?

There are both quantitative and qualitative elements to evaluating the effectiveness of this project. The first measure, used to evaluate the success of the project, is to determine whether legal assistance was provided to the specified number of abuse victims in obtaining protection orders. RILS uses a computerized case management program into which all client data is recorded. The case management system contains a field for the type of legal problem that the client has and a field for the Outcome that resulted due to the assistance provided. There is a comprehensive outcome listing for every case closed by the agency. The attorney or paralegal that provided the assistance collects and enters the data into the case management system at the time the case is closed. This computerized case management system allows the program to print out reports on the numbers of clients served, the frequency and types of case presented and handled, and the end result of the assistance provided. This data is used to analyze trends, determine the effectiveness of the legal assistance provided and the allocation of program resources.

The qualitative components of the evaluation includes soliciting feedback, through the use of questionnaires from clients and project attorneys. These questionnaires focus on the availability, timeliness and effectiveness of the assistance clients receive. This kind of evaluation is conducted at several points during the project, and is used to make any necessary changes in order to keep the project on target.

Rhode Island Legal Services 56 Pine Street, 4th Floor Providence, Rhode Island 02903 Phone: (401) 274-2652 Fax: (401) 453-0310