1. STUDENT LEGAL SERVICES: HOW CAN WE HELP? MARK LUCIA ATTORNEY FOR STUDENTS UNIVERSITY OF CALIFORNIA, BERKELEY UC Berkeley Student Legal Services

2. About Student Legal Services Available to all currently registered students Free legal consultations (705 consultations in 2010- 11) in 102 Sproul Hall Advice/guidance only – no representation (not full time) Appointments: 510-642-5171 or drop by 102 Sproul Hall Web site: sls.berkeley.edu contains numerous tip sheets, legal forms, and information about local legal resources UC Berkeley Student Legal Services

3. Common Legal Issues 1.Landlord/lease problems 2.Police citations for alcohol, drugs, theft and other misdemeanor offenses 3.Accidents, injuries, and insurance – auto, bicycle, pedestrian 4.Contract/money disputes and small claims court 5.Family law 6.Credit problems/consumer fraud 7.Citizenship/Immigration UC Berkeley Student Legal Services

4. Landlord/Lease Problems  You have legal and contractual rights! o Habitability, quiet enjoyment, return of security deposit  You also have contractual obligations o Rent during lease term, compliance with lease  It is very difficult for landlords to evict tenants! o Paying rent and following lease = protection for term o “Just cause” protections in Berkeley, Oakland, and San Francisco  Don’t be fooled by claims that “this is the law in the U.S.” Come talk to SLS to be sure! UC Berkeley Student Legal Services

5. Issues with Police  Most common: alcohol, drugs, theft/shoplifting o Alcohol laws are different here than in many countries  You have legal rights! o No self incrimination, right to plead not guilty, right to request an attorney o Police may imply that you must cooperate, possibly even under threat to visa/immigration status  Convictions may impact your visa/immigration status! o An important reason to know your rights o May need to hire an attorney UC Berkeley Student Legal Services

6. Accidents, Injuries, and Insurance UC Berkeley Student Legal Services  Drive only if insured o You may be covered by someone else’s insurance  If injured due to fault of someone else o Damages = medical expenses, property loss/damage, lost income, pain and suffering o Take care of injuries! o Two years to file a lawsuit  Other Details o Police report (especially if injuries) o File a claim with insurance company

7. Contract/Money Disputes UC Berkeley Student Legal Services  You can have a legal, binding agreement even without a written contract o Can provide other evidence of agreement (past practice, subsequent communications, receipts)  Small Claims Court is designed for non-lawyers to obtain legal remedies o $7,500 limit o Do not have to be a citizen to file claim o Relaxed rules of evidence – “common sense” approach

8. Family Law UC Berkeley Student Legal Services  Divorce/Dissolution o “No-fault” rule in California o Residency requirement o Automatic stays o Spousal support  Child Custody and Support o Best interests of the child o Support obligations

9. Credit Problems/Consumer Fraud UC Berkeley Student Legal Services  Credit Collections o You have legal rights! o Cannot suffer criminal consequences for unpaid debt – no “debtor’s prison”  Consumer Fraud o Did someone lie or intentionally mislead? o Does something seem egregiously unfair? o May be illegal, fraudulent, or breach of contract  Overlap with Small Claims Court

10. Citizenship/Immigration UC Berkeley Student Legal Services  A highly technical area o Attorney guidance often necessary  SLS is not an expert  Referrals/Resources o Berkeley International Office o Local nonprofit – International Institute of the Bay Area

11. Questions? UC Berkeley Student Legal Services

12. Thank You! Mark Lucia sls.berkeley.edu UC Berkeley Student Legal Services