Access to Legal Services Pro Bono Attorneys Urgently Needed to Address Legal Needs from COVID-19 Disaster by Steven Fischback As with other disasters, the COVID-19 pandemic is spawning waves of new legal needs for those unable to afford attorneys. Specifically, COVID-19 has caused a the huge surge in un-employment following the closing of non-essential businesses to prevent the virus’ spread. According to the Virginia Employment Commission (“VEC”), the number of initial claims for un-employment benefits filed from mid-March through the June 27, 2020 filing week totaled 906,734 or 22 percent of pre-pandemic, nonfarm employment. Only 40% of those who filed are still receiving unemployment benefits; and, between mid-April through mid-June, the Commission determined that up to 80,000 claims will require review by a hearing officer. By comparison, approx-imately 59,000 hearings were conducted by VEC in all of 2019. The loss of employment earnings produces a cascade of crises for the newly unemployed, resulting in mul-tiple legal needs. Here is an example: Ms. Jones applied for unemployment benefits at the beginning of June after her contract work dried up due to COVID-19. After receiving a negative eligibility determination, she applied for pandemic unemployment assistance. After hearing nothing for several weeks she tried several times to reach VEC by phone and couldn’t get through. She finally reached someone after remain-ing on hold for 3 hours, only to be told that she is in the queue for a deputy fact-finding determination. Without income, Ms. Jones could not pay rent and her landlord sued her for eviction. Ms. Jones sought help and received ad-vice from the Eviction Legal Helpline to request a continuance under a new law that permits judges to continue eviction cases for non-payment of rent for 60 www.vsb.org days for tenants who lost income due to COVID-19. At court she appeared pro se; the judge denied her request and ordered her evicted. She is now trying to keep her internet service on so she can search for both housing and employ-ment. The economic impact of COVID-19 is exacerbating the eviction crisis, and Ms. Jones is not the only tenant facing an imminent loss of housing as a result. Between July 6 through August 28 over 11,000 eviction case are scheduled to be heard, with most scheduled in July. The dockets for August and September are likely to grow even larger, as the federal eviction moratorium enacted by Congress covering about 25 percent of Virginia’s apartments will expire on July 25; and the extra $600 per week of pandemic unemployment benefits will end the same day. attorneys who wish to volunteer time to assist households affected by the COVID-19 crisis. That form is available at: bit.ly/COVIDprobono The form asks for information regarding the type of cases the volunteer is interested in work-ing on and the distance from their offic-es that volunteers are willing to travel to assist clients. The information submitted will be tabulated and volunteers will be connected with pro bono coordinators of the various Qualified Legal Services Providers (QLSPs) in Virginia. There are opportunities to provide remote legal assistance as well as in person assistance. Note that the recent-ly adopted Limited Scope Appearance rule permits volunteer attorneys to provide less than full representation to indigent Virginians in court when acting on a referral from a QLSP. Myriad opportunities to provide limited scope Between July 6 through August 28 over 11,000 eviction case are scheduled to be heard, with most scheduled in July. The dockets for August and September are likely to grow even larger... The sudden loss of income creates strains on family relationships. Requests for legal assistance on domestic violence matters have increased since the onset of the pandemic. Legal aid programs also report increased request for assistance with garnishments, as creditors seek payments from family members who did not lose their jobs but whose house-holds still lost income. The Virginia State Bar has created an easy on-line sign-up form for those representation outside of court are also offered through legal aid and other pro bono programs, including the VPLC Eviction Legal Helpline and Virginia Free Legal Answers. Most engagements provide malpractice coverage to the vol-unteer attorneys. Training opportunities are available through legal aid, the VSB, and other channels. The COVID-19 public health crisis is likely to last several months, and the impact will be felt for years. Given the VOL. 69 | AUGUST 2020 | VIRGINIA LAWYER 35
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Access To Legal Services
Steven Fischback
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