Many case types will be forwarded to participating volunteer private attorneys and many cases that fall within the above categories will be declined due to limited resources. Cases that are time intensive, complex or better suited for referring attorneys will be selected while case types that are more suitable for pro bono attorneys will be referred to the participating private attorneys. Funding and resource allocation will also be a factor as well.
While priority categories do not require that a certain number of cases be handled in each area, case statistics are reviewed quarterly to ensure that resources are targeted toward the most pressing unmet legal needs as identified by annual needs surveys as well as issues and problems that seriously impact the client community in between annual need surveys. Annually, The Unequal Justice Legal Defense and Educational Fund will design and offer legal workshops and seminars in targeted communities in areas that have been identified as a pressing legal need such as how the economy has impacted families causing additional unmet legal needs.
The Unequal Justice Legal Defense and Educational Fund has also adopted a policy on handling emergency applications for matters outside the above priorities. Since The Unequal Justice Legal Defense and Educational Fund is not funded to offer assistance to all who qualify due to lack of income, management will develop strategies, criteria, and guidelines for staff to follow to implement the above priorities, including specific facts outlines/scenarios, case types, and causes of action on which resources should be focused whether in prosecution or defense thereof. There may be special funding that emphasizes one type of case or service over others. The following general types of cases and matters are included under each priority:
Case (Services) Included: Full range of cases (representation in litigation, administrative proceedings, alternative dispute resolution, negotiations, and appeals; advice; brief assistance; information; and referrals)
Matters (Activities) Included: Full range of matters/ services including: developing and sponsorship of self-help programs; informational seminars; joint community education programs with other organizations; informational booths; continuing legal education programs; weekly radio talk show; informative videos; self-help packets; community improvement projects; education and training to other entities; alternative dispute resolution programs; educational materials and brochures; general advice and brief service sessions; information about the availability of legal assistance; collaborations with other organizations that effectively and efficiently address the priorities; reduced fee and sub-contract agreements with other non-profits and government entities; and information explaining legal rights, responsibilities, and remedies.
Case Selection Criteria
Since The Unequal Justice Legal Defense and Educational Fund does not have the resources to represent each eligible client, an effort is made to select those cases for representation which have circumstances that will negatively impact the applicant, that will impact other members of the client community, and that will likely result in obtaining the requested relief, (though this criteria should not be read to discourage taking difficult cases where the other criteria are present). Priority will be given to cases involving youths. Case acceptance decisions shall, where practical, be performed by the Board of Directors to ensure the highest possible level of consistency and fairness. The Unequal Justice Legal Defense and Educational Fund has adopted case selection criteria that shall be used and based upon the following criteria:
The eligibility of the client, including a review of the alien and asset tests and certification if appropriate, or the factors warranting extending eligibility to 150% of the standard guidelines, if required;
- Conformance with case & matter priorities;
- Emphasis is on offering access to our courts to the greatest number of client community members possible to redress their grievances.
- The impact of accepting or rejecting the case on the applicant and on other members of the client community;
- The likelihood of success; and
- Available resources.
- Advocacy Methods
The Unequal Justice Legal Defense and Educational Fund is committed to encouraging referring attorneys to use all appropriate legal means in the effective representation of clients, including individual representation, group representation, and other forms of advocacy, consistent with all funding resources, and governing statutes, regulations, and contract and grant conditions.
Emergency Situations For Undertaking Representation Outside Priorities
The above priorities shall serve as the established priorities for the allocation of resources by The Unequal Justice Legal Defense and Educational Fund until they have been reviewed and revised by the Board of Directors pursuant to a needs assessment. Occasionally, emergency situations will arise when it is in the best interest of the client to secure immediate representation on a matter not specifically within the priority areas. Thus, the Board of Directors has adopted a policy that sets out the conditions for consideration and factors required under these circumstances and requires prior written approval by the CEO or his/her designee before representation can be offered.