Unified Voice of Legal Services

LAAC was created over 25 years ago by legal services programs to serve as the "unified voice of legal services", advocating on behalf of the community of IOLTA-funded legal services nonprofits. We are proud of LAAC's long-standing tradition of zealous advocacy representing the interests of legal services nonprofits, continued throughout 2009 as described below.

Legislative Advocacy:
AB 590 (Feuer): Signed into law by the Governor in August 2009! LAAC worked with a statewide collaboration in support of Assemblymember Feuer's bill to establish pilot projects starting in 2011 to expand the representation of low-income litigations in civil matters. LAAC is now participating in several planning groups that will provide input to the Judicial Counsel's implementation of the Sargent Shriver Civil Representation Act.

AB 938 (Judiciary) (notification for relatives for children being placed in foster care) - Signed into law by the Governor!

Other Legislative Efforts: LAAC also took support positions on the following bills that were held in committee:
• AB 663 (Jones) (court interpreters in civil matters)
• SB 377 (Corbett) (additional judgeships)
• AB 12 (Beall and Bass) (support for children leaving foster care)

LAAC thanks the pro bono team at Manatt, Phelps & Phillips: Thomas McMorrow, Fred Main, and Michael Martinez.

Public Comments:
In January, LAAC submitted a letter to the State Bar Board of Governors supporting the Legal Services Trust Fund Program's proposed revisions to the IOLTA Rules and recruited additional letters from member programs. The Board of Governors approved the proposed changes.

In April, LAAC filed public comment letters supporting Proposed Rule 1-650, which will make it easier for pro bono attorneys and firms to participate in limited legal services projects (like clinics) by clarifying some conflicts issues, and Proposed Support for the use of Unbundling. The Board of Governors approved both proposals.

In October, LAAC also provided public comment to the State Bar of California in the proposed changes to the Proposed Rules of Professional Conduct, supporting rules 6.3 and 6.4, and proposing modifications to Rules 1.8.6 and 1.8.7. The rules revision process is ongoing.

Amicus Efforts

During 2009, LAAC participated in the following amicus efforts on behalf of member programs.

In Re: Marriage of Nadkarni: In May, LAAC filed a successful request for publication of a California Court of Appeal decision that provides greater clarity regarding the granting of DVPA restraining orders.

Turner v. Assn of American Medical Colleges: In June, LAAC joined with WCLP to file a successful amicus brief in the Alameda Superior Court, with pro bono representation by the Bahar Law Office, opposing defendant's request for over 1.6 million dollars in fees where the unsuccessful plaintiffs, who were of limited and modest means, sought in good faith to enforce anti-discrimination laws. The Judge agreed with WLCP and LAAC's argument that where plaintiffs have limited means in a non-frivolous suit, a reasonable amount of fees might be zero.

St. John's Well Child and Family Center v. Schwarzenegger: LAAC is represented by O'Melveny & Myers on a pro bono basis in an amicus brief filed in August in the Court of Appeal in support of the suit filed by WCLP, NLS and Disability Rights Advocates challenging some of the Governor's 2009 state budget line-item vetoes relating to core safety net programs. This case is pending.

In Re Conservatorship of Whitley; North Bay Regional Center v. Maldonado: In September, LAAC filed a letter with the California Supreme Court, supporting review in a case where the successful litigant was denied attorney's fees under the private attorney general theory because the court found she had a substantial non-pecuniary interest in the outcome of the case. Petition to review was granted.

Watkins v. County of Alameda: LAAC was represented on a pro bono basis by Sheppard Mullin Richter & Hampton LLP in an amicus letter filed in November to the California Supreme Court in support of the Public Interest Law Project's petition for review of the Court of Appeal's decision concerning the limitation of GA benefits in Alameda County. Sadly, the court denied review.

Horne v. Flores: In March, LAAC signed onto the amicus brief filed in the U.S. Supreme Court supporting a 9th Circuit decision that Arizona violated the Equal Educational Opportunity Act by failing to adequately fund English Language Learners programs. Sadly, in June, the Supreme Court reversed and remanded for the district court to examine four areas that may warrant relief for Arizona. LAAC will continue to monitor this case.

Barron v. Superior Court (Martinez, et al.): In April, LAAC filed a successful letter requesting publication of this California Appellate decision in a case brought by WCLP. The decision limited the discretion of trial court judges to order parents to seek full-time work when doing so would conflict with their CalWORKs welfare-to-work plan.

Trainings

In 2009, LAAC delivered a robust schedule of both in-person and online trainings, serving the IOLTA community with relevant and accessible trainings on legal services substantive and skill-based issues. In addition, LAAC expanded its training schedule with two new online series and a new legal supervision training.

2009 In-Person Conferences and Meetings
• LAAC/MIE Legal Supervision Training (NEW!)
• LAAC/AOC Family Law Conference
• Directors of Litigation and Advocacy and Support Center Meetings
• Fresno Traveling Training

2009 Online Training Series
• Armchair Trainings for Senior Legal Services Providers
• Virtual Traveling Training Series for Legal Services Attorneys (NEW!)
• PIC/LAAC Summer Training Series for Law Students
• Introduction to Legal Services for Deferred Associates Trainings (NEW!)

Building a Statewide Community

LAAC coordinates work in the statewide community through the initiatives described below.

LAAC Sections - 2009 Highlights

Directors of Litigation & Advocacy (DoLA) Section: The DoLA Section responded to the economic crisis by meeting twice in person to discuss expanding funding resources and coordination for statewide foreclosure work.

Support Center Section: IOLTA-funded Support Center staff meet twice a year in conjunction with the DoLA Section meetings. This year, the Section developed better methods to reach out to field programs and answered LAAC's challenge to create more web-based trainings.

Senior Legal Services Providers (SLSP) Section: The Section undertook planning on serving low-income seniors and provided knowledge resources for in-person and online trainings. Additionally, this year, the SLSP Steering Committee has begun to serve as LAAC's internal advisory group on implementing the Model Approaches Grant.

Online Legal Services Directory
LAAC continues to maintain the online Legal Services Directory, www.LAACdirectory.org, a database with direct contact information for the 3,300+ legal services staff statewide. LAAC members can search for each other by name, organization, or location and send an email from the search results page.

CALegalAdvocates.org
CALegalAdvocates.org is the legal services community's "go to" online resource. A relevant and informative resource for all legal advocates, the site offers breaking news stories, links to trainings throughout the state of California, and access to training videos and other resource materials.

LAAC thanks the State Bar's Legal Services Trust Fund Program for its financial support for these training and coordination projects as well as our LAAC member programs who have generously supported our website through membership dues.