David Godfrey, Senior Attorney, ABA Commission on Law and Aging, Presenter/Attorney Shoshanna Ehrlich, Client

 Why working with by phone is different  Getting and giving information  Assessing capacity  Putting the client at ease  Focusing on one issue at a time –  Not overlooking the interconnectedness of issues  Creating an action plan  Assessing client’s ability to follow through on advice given over the phone

 Hotline advocate / attorney  Intake staff  Advocate/ attorney who does not answer incoming calls  Information and Referral Staff  Managers / planners/ program developers/  Legal assistance/services developers  Attorney in private practice  Other

Pros:  Access – anyone with access to a phone  No travel needed  Flexible hours  Anonymity  Lower cost  Casual working environment  They can’t see what you are thinking

 Only one channel of communication  No visual cues  Complexities of examining documents  Missed calls and call backs  Safety can be a concern on some call-backs  Intake model or direct to attorney model?  If the client has talked to intake first, the attorney needs to identify as an attorney

Listen for: Closed and open questions Putting client at ease Polite way to ask personal questions Question check list

 Start with easy, closed questions;  Know what level of service you can provide on this issue by phone;  Use open questions to invite a narrative and explore details; get them comfortable talking with you and sharing information with you;  Use “may I ask” questions – may I ask your name?  Use interview formats for frequent questions.

 Only on select issues  On most issues  Seldom  Never  They are included in our case management system

Look for:  Gathering information in a document intensive issue  Listening skills  Probing for details

 If short – can they be read?  Fax (from a local field office?)  Scan and  On common documents, know what the critical items are (dates, reason codes on denials and terminations.)

Listen for clues of: Fear  Discomfort  Wellness/illness  Background noise  Answers to questions – or not  Demeanor Happiness Anger Desperation

 Ask yes and no questions to confirm if this is a safe/ good time to talk ;  Is that an issue?  Re-contact and confirm answers;  Coaching – undue influence

 Fax  Mail  Have client read them to you   Have client bring in  Get through community partners  We don’t review them

Listen for:  Complex – multi issues  How to maintain control  Focusing on one issue at a time

 Hear them out – let them vent but within reason  Multiple issues  Break down into small parts  Be kind – but take control  Get the client to focus on one issue at a time  Ask simple questions with relatively clear answers  Focusing on remaining non-judgmental  Fact collection 

Listen for: Gathering critical facts Getting information to the client Making and Confirming a plan of action

 Do they understand the risks and benefits of the choices they are making (do they have capacity)?  Will they be able to follow through?  If not, try to connect them to full service or local provider.  If none available, can you do more at the hotline?

 Verbal  Mail and follow up  Legal information  Directing to web sites – libraries – other local resources

Focus on one issue at a time:  Issues are interconnected  Information and action overload  Follow up if necessary Set a plan of action:  Go over the steps in the plan  Have the client repeat back the steps  Confirm understanding

 Nothing  Make an appointment and see them in person  Follow up with the client by phone  Refer for full service  Refer to other social service providers  Other?

Look for: Fact collection Reviewing documents Gaining access to documents Ways of getting information to the client Plan of action

 Getting access to documents to review  Getting information to the client  The issue is  You need to do  A  B  C  I am going to  Confirm the plan: Now what you are going to first?  Follow up

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