ROPES & GRAY LLP Debt Defense Models for Low-Income Clients Equal Justice Conference May 13, 2016

ROPES & GRAY2 Agenda 1.Overview of debt defense programs 2.Startup considerations 3.Types of debt 4.Successes / Challenges

ROPES & GRAY3 OVERVIEW OF DEBT DEFENSE PROGRAMS

ROPES & GRAY4 Volunteer Lawyers Project Boston, MA Debt defense projects  Fair Debt Collection Lawyer for the Day  Boston Municipal Court  Cambridge and Quincy Small Claim Courts  Discovery Clinic  Bankruptcy Clinic

ROPES & GRAY5 Rosie’s Place Boston, MA Debt Projects  Weekly Clinic  Ongoing Representations  Referrals

ROPES & GRAY6 Survey: Pre-Litigation Services Type of Pre-litigation Services Number of Organizations Providing This Service Percent (Out of 64) Preparing cease communication letters5078% Information about exempt property/income 5078% Assistance disputing debts4773% Contacting credit reporting agencies to remove/correct information 3859% Negotiating with creditors3352% Foreclosure prevention3352% Consumer credit counseling1625%

ROPES & GRAY7 Survey: Litigation Services Type of Litigation Services Number of Organizations Providing this Service Percent (Out of 64) Full Representation59 92% Pro se advice or consultation53 83% Provided written educational materials45 70% Either In-Court or Out-of-Court Limited Representation 4367% In-Court Limited Representation30 47% Out-of-Court Limited Representation38 59% Pro Se Materials37 58% Screening and Referral Services35 55% Group Workshops18 28%

ROPES & GRAY8 Survey: Post-Judgment Services Type of Post-judgment Services Number of Organizations Providing this Service Percent (Out of 64) Defending against wage/bank account garnishment, repossession, levies, or other collection methods 5891% Assistance with asserting exemptions 5383% Representation post-default 5180% Representation at post-judgment legal proceedings 4469%

ROPES & GRAY9 Survey: Bankruptcy Services Type of Bankruptcy Services Number of Organizations Providing this Service Percent (Out of 64) Full Representation- Chapter 73859% Screening and referral services3047% Providing written educational materials2742% Pro se advice or consultation2742% Full Representation- Chapter % Limited Representation (In-Court or Out-of-Court) 1422% Pro se materials1422% Full Representation in student loan hardship discharge adversary proceeding 1219% Group workshop or pro se clinic914%

ROPES & GRAY10 STARTUP CONSIDERATIONS

ROPES & GRAY11 Checklist for Starting a Lawyer for the Day Clinic 1.Market Research and Preliminary Evaluation 2.Getting Started / Program 3.Securing Court Approval / Identifying Community Partners 4.Recruiting, Training and Maintaining Volunteers 5.Program Implementation (ongoing) 6.Sustaining Your Program (ongoing)

ROPES & GRAY12 TYPES OF DEBT

ROPES & GRAY13 Survey: Type of Debt Handled Type of Debt Number of Organizations Percent (Out of 63) Credit Card5994% Medical5790% Consumer loan (payday, installment, title, or pawn) 5689% Student loan5587% Vehicle loan or lease5587% Mortgage5283% Home utilities (gas, electric, water, sewage, etc.) 5181% Telecom utilities (cell or home phone, internet, etc.) 4876% Personal (cable, gym membership, etc.) 4876%

ROPES & GRAY14 Survey: Most Common Type of Debt Type of Debt Rank 123 Credit Card39125 Mortgage1185 Medical212 Vehicle loan or lease2913 Consumer loan (payday, installment, title, or pawn) 210 Student loan267 Home utilities (gas, electric, water, sewage, etc.) 134 Telecom utilities (cell or home phone, internet, etc.) 022 Personal (cable, gym membership, etc.) 002

ROPES & GRAY15 SUCCESSES / CHALLENGES

ROPES & GRAY16 Clients Assisted in 2015 Volunteer Lawyers Project  Lawyer for the Day Clinic – 205  Bankruptcy Clinic – 462 Ropes & Gray/Rosie’s Place  Limited Representation – 126  Advice – 14  Full Representation – 3

ROPES & GRAY17 Resources Program Design Collaboration  Claudia Wilner, National Center for Law and Economic Justice Listservs  National Association of Consumer Advocates (  National Association of Consumer Bankruptcy Attorneys (  National Consumer Law Center (  Law school consumer law clinical programs Mary Spector, SMU Dedman School of Law Sample Training Materials  Hsindy Chen, Volunteer Lawyers Project Survey Results 

ROPES & GRAY18 Consumer Law Publications from National Consumer Law Center Resources Continued

ROPES & GRAY19 Contact Information Hsindy Chen Volunteer Lawyers Project (617) April Kuehnhoff National Consumer Law Center (617) Caitlin Mulligan Associate, Ropes & Gray (617) Roz Nasdor Director, Pro Bono Legal Services Ropes & Gray (617)