1. Breaking Poverty Barriers to Equal Justice
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Breaking Poverty Barriers to Equal Justice
As attorneys, you are known for being exceptional problem solvers. So I thought we’d start out today with a problem-solving activity.

2. You must work alone on solving the problem. No talking, no Googling.
It is a hot August afternoon. The location is the living room in an old Victorian mansion. The 7 foot window is open and the curtains are blowing in the breeze generated by the thunderstorm that just passed through the area. On the floor are the bodies of Bill and Mary. They are surrounded by puddles of water and broken glass.
Close your eyes and picture the scene in your head.
Neither Bill nor Mary has clothes on.
How did they die?
Allow a few moments for thinking.
Then solicit solutions.
If none are correct, ask participants to describe what they see in their mind’s eye… what does the picture look like?
When someone says “two bodies on the floor”, SAY: That’s a FALSE ASSUMPTION.
Answer: Bill and Mary are fish. They died when the wind from the thunderstorm blew their fish bowl over and they were out of water for too long.
NOTE: If someone provides the correct answer right away (they may have heard this teaser before), ask if there are any other guesses. Then acknowledge the correct response. Ask the rest of the group what they were seeing so you can point out the false assumption they made.
This activity demonstrates our inherent tendency to “jump to conclusions”. The problems you worked to solve are actually called “false assumption” scenarios. You see something that looks like something you’ve seen before, so you interpret it as being the same, and as a result, you apply the same thinking you have in the past.
I wonder how many false assumptions we have about poverty, about people in poverty?
Problems

3. You see a man standing on the corner holding a “please help, hungry” sign. And then we may make an assumption that he’s not a hard worker.

4. You see an unkempt woman pushing a grocery cart along the sidewalk
You see an unkempt woman pushing a grocery cart along the sidewalk. And then we may make an assumption that she’s a drug addict.

5. You see someone using food stamps to pay for groceries, much of which is “junk food”. And then we make a judgment about how they’re spending their money.

6. Were these assumptions real or false
Were these assumptions real or false? How often we jump to conclusions and judge negatively.
One of the greatest barriers to equal justice is the false assumptions we make about people in poverty.

7. Goals: See people in poverty worthy of help
Increase skills and knowledge to help people in poverty
Able to contribute to improving the community based on an increased understanding of poverty

8. Agenda: Criminalization of Poverty Types of Poverty
Common Resource Barriers
Problem Solving

9. Let’s get started by getting to know Donna Beegle's "Breaking Poverty Barriers to Equal Justice," filmed in October 2014 before a live audience of judges and lawyers interested in ensuring that our legal system works for those in poverty.
VIDEO CLIPS: segment 1 (Poverty Barriers to Equal Justice – Access to Legal Services)
Quick debrief:
Reactions? Surprises?

10. I know one or more people in poverty
I have lived in poverty
I know one or more people in poverty
I studied about poverty in college or high school
I have volunteered to help people in poverty
I learn about it from the news or media.
I see people in poverty begging in the streets or on the
side of the roads
Other
Next, I want you to hear what Donna learned about poverty when working on her doctorate where she learned how people learn about poverty.
But first, I’m curious... how did you learn about poverty?
Let’s see how your responses line up to what Donna found.
VIDEO CLIP: segment 2 (Misunderstanding of Poverty)
Pause for comments/reaction
ON OWN: Write down what you think the government’s definition of poverty is for a household of four and what percentage of people live in that poverty.

11. Large group discussion:
To be considered “in poverty” by the federal government, how much would a family of four make?
Some realities of those living in poverty
Large group discussion (see what people think about the above)
After discussion, play video clips 3 and 4

12. Federal Poverty Guideline, Family of 4
$24,000
Our government has defined poverty for determining certain benefits, like welfare and food stamps.
Does anyone have any idea what the federal poverty guideline is for a family of four? (QUIZ QUESTION #1)
$24,000 or $2000/month
Roughly 15% of families and 20% of children live in that kind of poverty
To put that in perspective:
- U.S. real (inflation adjusted) median household income was $51,939 in 2013
According to the USDA’s Center for Nutrition Policy and Promotion, the average expenditure for a low-cost meal plan for a family of four in the United States is $786 This is substantially less than the liberal food plan, which comes in at $1,195 for a family of four for a month.
Avg US rent $992/mo
**$16.43/day per family member, McDonald’s 3x/day for $5/meal, that leaves me $1.43 left for everything else
*NPR this morning... measuring poverty what they don’t have vs. what they have. ½ of NYC residents will experience material hardship – hunger, eviction, failing delinquent on bills. Material hardship will befall many making two and three times the poverty guideline.
$16.43/day per family member
$1.43

13. The Criminalization of Poverty
What are 3 stats/numbers that stood out to you?
In order to understand how you can better serve people in poverty, we need to dispel some assumptions we may have about poverty.
In this next clip, Donna is going to share some compelling numbers related to the criminalization of poverty.
When we come back together, I want to talk about the facts that really stood out to you. So jot them down as you hear them.
VIDEO CLIP 5
What struck you?

14. Faulty Attribution Theory
Attributing motive to other people’s behavior (ex. not showing up because they’re lazy)
“If they would just...”
You don’t have the capacity or context to where those behaviors would make any sense.
How do you relate and communicate based on where people are coming from?
Play video Clip 17 (avoiding false attribution theory)
There are actually different kinds of poverty.
Yet we use just one word to describe them all.
So it’s important that we have a better understanding of the different life experiences of poverty to avoid faulty attribution.
Play video clips 6 and 7 (Types of poverty)

15. 4 Different types of poverty
Situational poverty
Recap and discuss elements of 4 types of poverty.
Ask: What are some characteristics of... (type on screen as participants share)
Generational poverty
•Are typically workers of the land (not factory)
• May never have connected meaningfully with anyone who benefited from education
• Have not known anyone who was promoted or was respected in a job
• Are highly mobile, often without a home and moving frequently looking for ways to make money
• Have high family illiteracy
• Subconsciously believe that something is wrong with them and that is why they are in poverty
• Learn not to trust professionals or people with titles
• Have likely had negative experiences in trying to access the legal system
• Focus on making it through the day
Working-class poverty
• Work, but are barely able to pay for basic needs (no money for any extras)
• Often working more than one job
• Are typically renters as opposed to homeowners
• Often live paycheck to paycheck
• Rarely have health care coverage
• Focus on making it two weeks or through the month
• Learn not to trust people who are making it
• View poverty as personal deficiency
Immigrant poverty
• Have few or no resources
• Face language and culture barriers
• Seem to have a stronger sense of self than those in working-class and generational poverty
• Often do better than those born into poverty in America
• View poverty as a system problem
Situational poverty
• Grew up in stable environments and had their basic needs met and more
• Attended school regularly; had health care, family vacations, etc.
• Were surrounded by educated people with living-wage jobs
• Do not recognize advantages of growing up middle class
• Have had a crisis (health, divorce, etc.) and had income and savings drop
• Became isolated (or isolated themselves) from middle-class friends during their poverty crisis
• Are embarrassed by their situation
• Have likely had positive experiences with accessing legal services, but once in poverty, face barriers to equal justice
• Have not internalized poverty as personal deficiency
• Are more likely to make it back into the middle class
In this workshop, we're focusing more on generational poverty, because that is the type that so many of us are least familiar with but who need our help as much as anyone else.
Working-class poverty
Immigrant poverty
Generational poverty

16. Which of the following statements are true:
Roughly 45% of people living in poverty in the U.S. are white.
Government assistance is adequate to get out of poverty.  
   
People in poverty who work hard can get out of poverty.
A good education is necessary to get out of poverty, and is readily accessible and available to all.
Discuss question on quiz related to “what’s true about poverty?” (Question #10)
Which of the following statements are true:
1.       Roughly 45% of people living in poverty in the U.S. are white - YES
2.       Government assistance is adequate to get out of poverty - NO     
3.       People in poverty who work hard can get out of poverty -NO
4.       A good education is necessary to get out of poverty, and is readily accessible and available to all. – NO
Now that we’ve established context for poverty and dispelled some assumptions you have may have had about poverty and people in poverty, now we’re going to move into strategies to overcome the barriers that poverty can pose.

17. Brainstorm
What resource barriers might people in poverty have when trying to participate in the court system? They don’t know they have a legal issue
First, let’s talk about ways to lessen the impact that poverty itself has on access to the court system. I'd like to ask you to share some thoughts you have for resource barriers that people in poverty might have when trying to participate in the court system.
CLICK Ex. they don't know they have a legal issue (story of housing court client).
What are some others? These may be hard to come up with because we'll be looking through a lens that we're not used to looking through.
When you have resources, it's can be hard to see the barriers related to resources.
Day care
transportation
Jobs that allow time off of work
English literacy
English as second language
Time
Cost of filing fees
Stable address and phone numbers
Disabilities (xx% of those in poverty have a mental or physical disability that prevents them from working)
Untreated trauma
Feeling intimidated by lawyers
Bad experiences of the court system (lack of trust)
Not understanding that there may be alternatives to going to court that lawyers can help with
Unfamiliarity with "rich" areas of city
Untreated mental illness
Can you see how the court system is built for the wealthy and middle class?
And those who would argue that middle class people like ourselves can't afford lawyers, I'd agree, but I'd also point out that we have so many other things going in our favor, including the proliferation of do-it-yourself forms and court self -help centers.
Looking at these barriers, how could you solve a common problem: increase the number of clients who come to an appointment with you?

18. Breakout Groups
Generate ideas to increase the number of clients who come to an appointment with you.
I‘m going to have you work in small groups to generate ideas. Because I know as lawyers you are, above all else, problem solvers.
But you’re really going to have to work to challenge your assumptions here.
You’ll have 5 minutes to generate as many ideas as you can, then we'll come back together and I'll call on each group in order to share one strategy.
Reminder of breakout logistics.
Regroup. Put up whiteboard. Rotate through breakout groups for ideas. Record on whiteboard.
Multiple TYPES of ways to contact Multiple WAYS to contact: Primary, Alternate, Contingency, Emergency Ensure you’re both on the same page as to goals & participation Options for meeting times & places Review how to get there Reminder calls, texts, s Explain importance of meeting or court appearances to their goal Establish rapport over the phone before you meet (more on that later)
Are these techniques that you will be able to use with your clients?
As a pro bono services manager, I'm the one to whom complaints come. And I can tell you that there are many times that an attorney will confuse a RESOURCE issue with an INVESTMENT issue. I can tell you that it's profoundly rare for a client not to care about his welfare or that of his/her children. But they may not have the resources to participate in the court system, without some of the easy accommodations you've identified. And, it may be that the benefits of participating in the court system are outweighed by the costs. It's hard to sue in court for a security deposit when you learn how much effort it will take, and how long it will take to get a judgment, much less enforce it. All lawyers become experts at problem solving outside the court system for their paying clients. I'd like them to do the same for their pro bono clients.

19. Break!

21. Five Main Causes of Communication Breakdown
Lack of understanding about poverty (and what’s required to survive)
Subconscious bias/judgment
Distrust of outsiders/fear of professionals
Differences in basic communication styles
Differences in vocabulary and examples
#1 - why important (b/c if don’t know, will attribute motivations that are WRONG! – i.e., faulty attribution theory)
Let’s look closer at some decisions of those in poverty

22. Large group discussion: What would you do if you received a large unexpected tax refund?

23. Middle Class Motivators
Student Loans
Savings
Vacation
Middle Class Motivators
Achievement
Material Security
Work
CLICK The top three responses to this question are almost always: Student loans, savings, vacation.
This makes sense because the middle class motivators are: CLICK
Achievement Material security
Work

24. Middle Class Motivators
Achievement
Material Security
Work
Poverty Motivators
Survival
Relationship
Relief (from stress)
The same researchers say that those in poverty have different motivators:
Survival
Relationship
Relief (from the stress)
So, given these motivators (borne out by research), what can you imagine that people in poverty might spend a large unexpected amount of money on?
(chat)
party, big screen TV, great cell phone

25. WHY would someone in poverty spend money on something like a great cell phone?
This is a question so many of our attorneys ask. Why should I be helping this person for free when they have a better cell phone than I do!!
Well, why might it make sense for a person in poverty to have a cell phone? To have something of status, to be noticed by others, to have a way to stay in touch (when other modes of communication might be unstable), entertainment, day care, can be sold, easily transportable, is a computer as well as phone, etc. Why would someone in poverty buy a big flat screen TV?
relief, status, family, party, day care, easily sold. So, these decisions make sense given the context we're in.
But what impact does it have on our relationship with someone in poverty when they buy something we don't agree with?
Have any of you felt less motivated to help someone when they made a decision you didn't agree with or understand?

26. Five Main Causes of Communication Breakdown
Lack of understanding about poverty (and what’s required to survive)
Subconscious bias/judgment
Distrust of outsiders/fear of professionals
Differences in basic communication styles
Differences in vocabulary and examples
#2: The decisions of those in poverty often lead us to JUDGE!
Now, how can we see and overcome judgment. Ideas?
Play video clip 9 (Judging and how to Overcome)

27. THINK ABOUT: Who are you willing to go out of your way for
THINK ABOUT: Who are you willing to go out of your way for ? SHARE: What is that based on?
Come back together in large group: what did you pick up re: how to avoid judging (learn more about the other?
Now, #3. We’ve talked about how those in poverty might distrust the legal profession. How can we overcome that? (rhetorical).
Before hear some strategies, consider who are you willing to go out of your way for? Share – what is that based on (Based on a sense that someone is like you, you can relate to them in some way)
Play video clip # 11 – Building Trust

28. What is IDENTIFICATION? Example of Level 1 disclosure
Review:

29. Five Main Causes of Communication Breakdown
Lack of understanding about poverty (and what’s required to survive)
Subconscious bias/judgment
Distrust of outsiders/fear of professionals
Differences in basic communication styles
Differences in vocabulary and examples
We’re going to skip #5 (can anyone identify what some strategies might be to overcome it?)
Spent a fair amount of time on #4. Differences in basic communication styles.
How many came out oral on the assessment? Print? In between?
Large group: Problems you’ve had communicating with those in poverty when you're together?
While watching these clips, watch for characteristics of those in each type and strategies you can use to increase the chances you’ll be understood and the chances you’ll understand. We’ll be creating a list together when we come back.
Play video clips 12 and 13 – Different Styles of Communicating (discuss in between if wish.

30. ORAL COMMUNICATORS PRINT COMMUNICATORS Debrief:
What are the characteristics of an oral communicator? What are the characteristics of a print communicator?
Which are you? (From homework assessment - POLL)
Which are your clients probably?
Which is our legal system?
What problems may that create as you try to help?
Neither style of communication is better than the other.
We are ALL wired for Oral Communication, we come into the world that way. We learn Print Communication.
Here’s what you should know... many people facing the crisis of poverty do not have the luxury of reading for their primary information. They are in the “war zone” of poverty as Donna describes it. The context of poverty reinforces the need to communicate in a more word-of-mouth, oral-culture style. If you are communicating in a more print-culture style, you may be perceived as not caring or not connecting. The oral-culture communicator will see this as rejection and distance.

31. Tie it all together! Strategies to ensure you are: - Understanding - Being Understood
Share in small groups, then in larger group. Some things to cover (and can also see sample Attorney Client Understanding)
In communications, ensure you are understanding your client. For example:
Use common active listening techniques. Suspend your thoughts about what you are doing to say (jot them down if it would help you remember). Avoid focusing on nonrelated subjects. Repeat back every so often what you hear to make sure you are understanding correctly and understanding the other’s perspective, explanations and rationale.
If a client is sharing information in a way that is more circular than linear, feel free to interrupt after a while to gently guide the conversation back. (The meeting agenda can help too.) But in the meantime, listening to the story can help you identify more ways to build identification with him.
Ask open-ended questions and try to stay away from questions that ask “why,” which can put people on the defense. Instead, use statements such as, “Help me understand,” or “Tell me a little more about...” If a question seems invasive, preface it by letting your client know why you are asking it.
When determining the facts of the case, you might first put your pen down and ask your client to tell you what happened. (This also supports trust.) Next, ask her to repeat the story, while you take notes, Finally, repeat back the story to see if you have understood. (Even your notes were accurate and complete, you may find out additional information in this third step.)
As clarifying questions.
Do not expect people to know what may be obvious to you. Use your expertise to coach and navigate people through the legal process.
Ensure your client is understanding you. For example:
Use multiple approaches until you are assured of shared meaning.
Use visuals as much as possible (including drawing out next steps).
Make sure your body language supports your verbal communication.
Use stories as a way to explain (“Here is what worked for my client Julie.”).
Summarize every so often.
Ask her to summarize. “I’d like to make sure I’m being clear. Could you tell me what you are understanding the next steps are?”
Use familiar words and examples that laypeople can relate to.
Use a variety of examples to convey difficult points (trying to draw from the context of poverty rather than that of middle class).
Minimize the chance of losing your client through legalese, e.g., “I’m used to being around lawyers all day and can sometimes forget how to talk in plain English. If I slip up and use words you’re not sure about, please let me know.” (This phrasing owns our responsibility as the professional to be clear, rather than asking clients to let us know if
“they don’t understand.”)
Review written communication orally and use a third grade level and clearly organized bullet points and graphs (whether or not your client is literate).
Repeat information that is new.
Break information into smaller, doable steps.
Follow up – poverty is constant crisis.

32. Going Beyond: Five Strategies
Five strategies – if you have time, review these with the last five videos (14-18)

33. TAKE a Strengths Perspective
Take a strengths perspective approach when interacting with your clients
Strategies:
Whenever possible, compliment people on what they have done “right”.
Empathize with the obstacles they face daily and stand in awe that they are able to keep going.
Strengths based example:  I think this can be tricky, because you don’t want to come across as patronizing. It needs to be something you really do admire, or notice they’ve done right. Examples: “I can’t imagine how you get everything done without a car.”

34. APPLY Resiliency Theory
Resiliency Theory says when you treat people as special and value them, you build trust and the capacity for people to grow.
Strategies:
Notice people immediately and make them feel valued.
Be highly aware of your non-verbals when you talk or meet with your client. Your tone of voice, facial expressions, and body posture will set the tone for your interactions.
Resiliency example: So often, we’ve heard of vicarious trauma, where one is traumatized by hearing of the trauma off another. I have a colleague who’s taught me the reverse: where I gain strength by seeing the enormous resiliency of our clients. They face so many obstacles and yet face each day with courage and humor. When we remark on this, it can give strength/renewed energy to the other.

35. LEVERAGE Asset Theory
Asset Theory: Everyone has strengths. People in survival mode know a lot. Focus on what they do know and how their skills can be beneficial to their success in the legal system.
Strategies:
Listen to narratives of your client’s description of the situation. Focus on the internal/external capacities embedded in your client’s stories.
Also listen to asset gaps clients are experiencing so you can increase their supports and offer solutions that resonate with them.
Asset theory example: This is lawyers can also learn from social workers. They use this all the time when helping their clients create action plans. We need to find the supports that clients have that will help them through.  As you go through to find out what barriers they have (using attorney client checklist), be sure to comment on what they have that others might not.

36. AVOID Faulty Attribution Theory
Faulty Attribution Theory: Attributing motive to others’ behavior
Strategies:
Work to develop a foundational understanding so you will have empathy for the reasons behind your client’s behavior
When you feel yourself judging, reflect on the situation and ask yourself if you are expecting your client to do/respond as you would.
Avoid Faulty Attribution example: Anytime you find yourself concluding they are not invested in their case or in improving their life, STOP. That is almost always a sign of faulty attribution theory. Every human being is motivated to do what makes most sense given her experiences and context. If you don’t understand why he’s done something, ask him to help you understand.

37. HELP Build Social Capital
Social Capital and networks of support counteract the isolation of poverty.
Strategies:
Navigate people to resources and opportunities that will help them to access supports for breaking poverty barriers.
Use your title to help people obtain the tools, resources, and knowledge they need to succeed in the legal system.
Social capital example. This is, I believe, the ultimate key in helping people escape poverty. It’s why mentorships are so powerful. The bottom line definition of poverty is lack of access to resources. The more MC people a person in poverty knows, the more likely he/she will find the resources necessary to get out of poverty, including mentoring, safety net (place to live), educational opportunities.

38. Unsure
Somewhat
Yes!
I do see people in poverty worthy of help. I will be more successful helping people in poverty. I can contribute to improving my community because I understand poverty better.
Recheck quiz... would you answer any differently now?
You will see people in poverty worthy of help.
You will be more successful helping people in poverty.
You will contribute to improving your community because you’ll understand poverty better.
Reflect on the one thing that was most valuable that you will be able to put to use in your work. Be specific.