Resources for Volunteer Attorneys
Legal Aid offers great support to the pro bono attorneys who participate the Volunteer Lawyers Program.
Being part of Legal Aid's Volunteer Lawyers Program means you are a member of a strong community of supported volunteers. If you need help on a case (advice or even a co-counsel) you can contact Legal Aid any time for assistance and mentorship.
We also have materials to help you: Click below to access Legal Aid's Sharepoint site, our Volunteer Attorney Resource Library. There, you will find resources like sample pleadings, fillable forms and other documents which you can download and use during your pro bono service with Legal Aid clients. To access these resources, please click the button below and enter the username and password provided when prompted.
Username: resources@lasclev.org
Password: 4Justice!
Volunteer Attorney Resource Library
Scroll down this page further for answers to Frequently Asked Questions about volunteering and some of our pro bono attorney success stories.
Can I earn CLE credits for my pro bono work?
Volunteer attorneys can earn 1 hour of CLE credit for every 6 hours of pro bono service (maximum of 6 hours of CLE credit for 36 hours of service). Hours must be reported to Legal Aid in the year the hours were performed. Every year the Volunteer Lawyers Program sends out the required paperwork; if you have not received this paperwork by December and have pro bono hours to report, please contact probono@lasclev.org
What training is available for volunteer attorneys?
Legal Aid does much to support our pro bono volunteers! Related to training, upcoming CLE events will be posted on Legal Aid’s events calendar . If you would like to request a CLE for your law firm or affinity group to increase pro bono involvement, please email probono@lasclev.org.
Some free video CLE presentations are available to volunteers. Please contact us at probono@lasclev.org for a list of available trainings and access codes.
Volunteer Profile: Attorney Daniel Tirfagnehu
Daniel Tirfagnehu, Esq., a 2014 graduate of Case Western Reserve School of Law, has a funny story about how he became one of more than 3,000 volunteer attorneys for Legal Aid. “Legal Aid was holding a clinic for attorneys on how to handle expulsion hearings,” he says. “I went for the free lunch.” Joking aside, Tirfagnehu says he saw a connection between expulsions and his own law practice. “I’m a criminal defense lawyer,” Tirfagnehu says. “Expulsions are kind of a natural expansion of that because it’s people facing discipline.”
One such student facing discipline was “Evelyn,” a 7th grader with intellectual disabilities who was attending a local school. On a day when class got rowdy, Evelyn joined in the fray and threw a book at another student. Her teacher overstepped and physically restrained her. When Evelyn defended herself, the school moved to expel her.
Evelyn’s parents got in touch with Legal Aid, and the case was referred to Attorney Tirfagnehu. “The stakes are really high in these expulsion hearings,” Tirfagnehu says. “Expulsions can hurt kids for the rest of their lives.”
Research supports this assertion. In 2014, the Department of Education published a series of resources for schools that linked exclusionary policies (suspensions and expulsions) with increased
likelihood of dropouts, substance abuse, and involvement with the criminal justice system.
“It’s good to have lawyers in these cases where students are getting into really serious trouble and are looking at getting expelled,” added Tirfagnehu.
After taking on Evelyn’s case, Tirfagnehu spoke to Evelyn’s mother to gather more details about the incident. He then went to work advocating for the girl’s rights, arguing in her defense at school administrative hearings and in meetings with the superintendent. The school district eventually agreed to dismiss the expulsion proceedings. The district also agreed to set Evelyn up for success by providing her with the supports she’d need because of her disability. Thanks to Tirfagnehu, Evelyn was able to stay in school and continue on her path to high school graduation.
When asked why he continues to represent students, Tirfagnehu says it’s because people need assistance and he has the skillset to help them. “If I was a baker,” he says, “I would hope that every once in a while I would give out a cake for free to someone who couldn’t afford it… If you have a couple of hours to help people that need help, why not?”
ACT 2 volunteer helps young adoptive parents eliminate tax debt
Elyria residents Kody and Tina had not anticipated becoming foster parents to pre-teens.
“We went from being a young couple in our early 20s with no roommates, to all of a sudden having to be responsible,” Tina said as she remembered what it was like to take in her husband’s nephews.
Though their hearts expanded with their household, the couple found life to be busy and finances tight. With permission from the boys’ parent, Kody claimed them on his tax return for two years without incident.
But when the IRS decided to audit, the family struggled to provide proof that the boys were under their care. Facing $10,000 in back taxes, Kody reached out to Legal Aid, where ACT 2 in-house volunteer John Kirn helped the couple identify and obtain the documents they needed.
“It was a mess, but our attorney was awesome. He really helped us a lot, calling us each week to update us,” Tina said. “And now we know what documents we need in the future.”
As an adoptive father himself, Kirn holds his pro bono clients in high esteem. “They’re such admirable people,” Kirn said. “The problem was that at least until the court granted custody, they had to establish that they really had them in their care, and we guided them through the process.”
Over the next several months, Kirn helped the couple obtain and submit the documentation they needed for the IRS. They also acquired another bright spot in their life. “Along came number three, the youngest nephew,” Kirn said.
With Legal Aid’s representation and guidance, the family received the news that they no longer owed the staggering debt. And while Kody’s oldest nephews have been reunited with their biological parent, the couple is in the final stages of becoming forever parents and a safe, stable home to Kody’s youngest nephew.
Special thanks to The Cleveland Foundation’s Encore Prize and the Legal Services Corporation Pro Bono Innovation Fund for supporting Legal Aid’s ACT 2 volunteer program for retired and late-career attorneys.
Lorain Attorneys Staff Monthly Clinic, Gain Insights Outside their Day Job Niche
Members of the Lorain County Bar Association have stepped up to offer free legal advice to those in need.
Matt Dooley’s first time volunteering at Legal Aid’s monthly legal advice clinic at Oberlin Community Services led him into experiences he doesn’t normally get in his day job as partner at O’Toole, McLaughlin, Dooley, & Pecora. First, Mr. Dooley primarily deals with class action suits and other federal cases, but his pro bono work now might bring him to small claims court.
Attorney Nikki Burns Dertouzos has also gained insights into new legal areas through volunteering with the Lorain clinic and in her role as outreach coordinator with the Lorain County Reentry Coalition.
“There are definitely some things that are not my niche, like foreclosure and bankruptcy,” Ms. Burns Dertouzos said, “But Legal Aid provides such good support and advice, I don’t ever hesitate to undertake the conversations outside my expertise.”
For Mr. Dooley, one recent pro bono experience involved reaching a settlement where his client paid a lesser amount, which she could afford. Mr. Dooley said in retrospect, “Would I do it again? Absolutely. And I’ve been encouraging other attorneys to volunteer as well.”
What: Free Legal Advice Clinic with emphasis on consumer, foreclosure, family law, housing cases, and other civil legal matters
When: 2:00 – 3:30 p.m., the second Tuesday of every month
Where: The Oberlin Depot, 240 South Main Street, Oberlin, OH 44074
Get Involved: Attorneys are welcome to volunteer their skills and time, and students are encouraged to help with clinic intakes. Contact the Lorain County Bar Association at (440) 323-8416, or Legal Aid Volunteer Lawyers Program at www.lasclev.org/volunteer, or Oberlin Community Services at (440) 774-6579.
Read the full issue of Poetic Justice where this article appears.
Rehabilitated West Park Home at Center of Unusual Case: Legal Aid volunteer attorney secures shelter
First-time homebuyer Nicole Parobek had spent all her savings and six months of sweat equity to rehabilitate her new home. Only after she and her boyfriend had substantially increased its value did a creditor claim a $31,800 lien, threatening foreclosure if they didn’t pay.
When the attorney she hired for the sale refused to talk to her, Ms. Parobek sought help from Legal Aid, where Mark Wallach, a Thacker Robinson Zinz attorney, took her case pro bono.
“I’m sort of the specialist in off-the-wall cases,” Mr. Wallach said of his reputation with Legal Aid’s Volunteer Lawyers Program. “I like to be able to take a complicated situation and straighten it out.”
The case was unusual for a number of reasons: “Usually people take out a mortgage, and banks require them to buy title insurance, which includes a title search,” Mr. Wallach said. “But here, she was buying the house outright for such a small amount of money.”
To Ms. Parobek’s credit, she kept meticulous records of all the work she had done. She also made a prescient move during the sale by obtaining a signed, notarized document declaring the
home free of liens. Mr. Wallach suspected malpractice, but when the estate attorney indignantly refused to contact his malpractice carrier, Mr. Wallach filed a claim against him.
“That got his attention,” Mr. Wallach said. “His insurance carrier hired counsel to represent him, and that attorney reached a settlement with the creditor’s attorney where the malpractice carrier would pay… and Nicole wouldn’t have to pay anything.”
Ms. Parobek’s victory shows that justice could be won through her own record-keeping and persistence, combined with the prowess and willingness of her Legal Aid volunteer
attorney.
“They get to keep their house and nobody is going to bother them,” Mr. Wallach said. “It was a sad story with a happy ending.”
Want to be a hero like Attorney Wallach? Join Legal Aid’s Volunteer Lawyers Program by calling Ann McGowan Porath, Esq. at 216-861-5332. Read more about Ms. Parobek’s story and make a gift to Legal Aid at www.lasclev.org.
Financial Win for Widowed Older Adult Client
Russell Hauser, a Legal Aid paralegal, recently put his love for problem-solving into action to help a client regain a vital part of her monthly income.
In her early 70s and financially dependent on her deceased husband’s Social Security and her own Supplemental Social Income (SSI) benefits, Ms. Jones (name changed to protect privacy) was shocked to receive a notice that her benefits were being terminated. Social Security deemed she had exceeded the restrictive resource limit. Without the SSI, she found her ability to pay her rent, utilities, and other necessities was at risk. “We try to prioritize those cases which impact financial security for vulnerable people,” Mr. Hauser said.
At the heart of the issue were a life insurance policy and a burial policy. The misunderstanding arose from what seemed to be several policies, when in fact, Mr. Hauser explained, “Her insurance company changed hands and names at least two times since she took out the policy in the 80s.”
The multiple names made it appear Ms. Jones had a number of policies. It was the paralegal’s persistence that helped: Mr. Hauser contacted the current insurance company for proof that the company had changed names and that Ms. Jones only had one policy.
After months of work on her behalf, Mr. Hauser was able to accompany Ms. Jones to the Social Security office as she received retroactive payments and had her SSI reinstated.
“She really appreciated the work we put in,” Mr. Hauser said of his client. “It would have been hard to handle this on her own without Legal Aid’s help.”
Paralegals are an important part of Legal Aid’s structure and help Legal Aid leverage its full-time staff attorney and pro bono lawyer resources. Legal Aid’s paralegals perform legal work under the supervision of attorneys.
Russell Hauser has been with the Legal Aid as a paralegal for the last 18 months. Prior to that, he spent two years working with children after working at the American Civil Liberties Union as an office assistant. Mr. Hauser is considering law school because he has a desire to make a career “fighting for justice.”
ACT 2 Volunteer Profile: Deborah Coleman
When Deborah Coleman left her position at Hahn Loeser & Parks in 2013, her next step was to open her own firm focusing on arbitration, mediation, and professional ethics. She also took this opportunity to dramatically increase her pro bono involvement. For over fifteen years, she had been a volunteer with Legal Aid, taking one case at a time, every once in a while. Since re inventing her practice three years ago, Deborah has volunteered over 200 hours of her time – handling several cases at a time – to ensure shelter, safety, and economic security for the most vulnerable members of our communities.
“With just a few exceptions,” Deborah says, “the cases I’ve taken present familiar legal issues—breach of contract claims, dealing with an insurer, real estate disputes. My clients are typically the working poor, who lack the resources to unpack or readily resolve their problems.”
“I enjoy helping individuals understand their options, implement a strategy and, if possible, improve their situation,” she continued. In a recent matter, Deborah was able to assist clients in renegotiating their land contract, getting the land contract forfeiture case against them dismissed, and getting the property taxes reduced to reflect market realities. “My clients had poured four years of sweat equity into making the house they bought livable, and now have the prospect of being able to keep it affordably.”
Judge and Bar Association lead Pro Se Clinics in Lake County
Brandy* called Legal Aid about filing for divorce from her husband who is serving a three-year sentence on drug charges. She wanted to end the marriage so she could get a fresh start.
Legal Aid established a Pro Se Divorce Clinic in Lake County for couples who have uncomplicated cases. Brandy, an Ashtabula resident, was a perfect candidate for the clinic. She and her husband don’t own a home, and don’t have bills or accounts in both of their names. Pro bono attorney and member of the Lake County Bar Association Jim O’Leary was able to help her fill-out and file the paperwork. Brandy was so grateful for Legal Aid’s help navigating the forms and the courts; now, she can have a new beginning.
“We as attorneys need to be mindful that people need our help and may not be able to afford it,” says Mr. O’Leary. “From my perspective it was a lot of fun, I was amazed at how organized the entire clinic was.” He added that it was nice to see his colleagues at the bar working together for the good of the community. “Sometimes, the only time we see other attorneys is when we’re in court fighting.”
The Pro Se Divorce Clinics in Lake County began in 2013 thanks to the vision of Lake County Domestic Relations Judge Colleen Falkowski. Judge Falkowski worked with Legal Aid and the Lake County Bar Association to create a model that provides access to individuals who otherwise might not be able to get help from Legal Aid. Since 2013 – more than 200 people have been helped through the clinics, which assist participants with everything from proper court dress and behavior to filing their divorce papers pro se.
*Names have been changed to protect clients’ privacy. To g
et involved with the Pro Se Clinic – or any Legal Aid volunteer opportunity – visit www.lasclev.org/volunteer
Widow’s Lorain County Home Saved
Gwendolyn Frazier and her husband worked hard all their lives and paid off the mortgage on their Elyria home. Her husband took out a consolidation loan with OneMain Financial, but they paid their bills.
Her husband passed away in 2013. After that, when mail came addressed to him, she marked it “deceased” and sent it back – including mail from
CitiFinancial. She had no business with CitiFinancial and thought it was junk mail. She didn’t know OneMain was connected to
CitiFinancial, until the
bank sent a certified letter with foreclosure papers.
“It was such a burden,” she recalls. “I’m not somebody who’s sitting around not making my payments. ”
She called and called and called for months, but couldn’t get any information about how to pay the loan. The home went into foreclosure in 2014 and in a phone trial, the magistrate told her she was “out of luck” because she was not named on the loan.
Ms. Frazier sought help from Legal Aid. Volunteer attorney Kathleen Amerkhanian of Kryszak & Associates agreed to take the case pro bono. Legal Aid attorney Marley Eiger coached volunteer Amerkhanian on new Consumer Finance Protection Bureau (CFPB) rules that require the bank to not only to accept payments from the “successor-in-interest” but also to provide information about assumptions and modification options to the loan.
“Ms. Frazier needed a lawyer to frame the case as a legal issue and provide a basis for why they should look at loss mitigation,” says Ms. Amerkhanian. “By couching it in the correct terms, the court took notice.” Ms. Amerkhanian got the case out of foreclosure. In mediation, she pointed out that the bank was not in compliance with federal CFPB regulations. She helped Ms. Frazier compile all the documentation needed – until finally the bank offered an affordable plan.
Thanks to her volunteer lawyer, the foreclosure was dismissed early in 2016.
“The ability to really make an impact on somebody who desperately needs your help is very rewarding,” says Ms. Amerkhanian. When you take a case from Legal Aid, there is a lot of support. Marley Eiger provided a lot of information and lent her expertise, and that was invaluable.”
“The lender was ignorant of the law, indifferent to the homeowner’s compelling hardship and tried to sabotage her,” says Legal Aid attorney Marley Eiger. “Not one thing about this case was easy or routine, but Kathleen was very persistent.”
Thanks to Legal Aid, Ms. Frazier’s home is safe and she can enjo y her hobbies of cooking and volunteering at her church. And, most importantly – she can care for her family in her home without worry.
Legal Aid’s work to ensure shelter in Lorain County is supported by the Nord Family Foundation and the Community
Foundation of Lorain County.