Legal Aid Society

Big Shoes To Fill

2008-01-25T12:23:00.000-08:00

"Each time a man stands up for an ideal or acts to improve the lot of others or strikes out against injustice, he sends forth a tiny ripple of hope."

Robert Kennedy

“You have big shoes to fill.”

Time and time again I would hear that phrase as I introduced myself as the successor of Ashley Wiltshire as Executive Director of the Legal Aid Society. In time, I was finally able to embrace what that really meant and what was really most important.

In the past six months, I have learned that you never really fill another person’s shoes and nor should you try. Ashley built a wonderful, strong organization but he didn’t do it by himself. It never has been nor ever will be about any one individual. He needed the community of all the people that have worked in this organization the past 31 years, some of whom still remain as staff dedicated to the mission and work.

He needed the community of the “alumni” of the Legal Aid Society that continued to support the work and spread the message of equal justice to persons who are poor. He needed the community of the private bar to respond to the overwhelming need for legal assistance and narrow the gap. He needed the support of grants and donations to financially support the work that needs to be done.

Recognizing the importance of community, I can also recognize the great leadership of Ashley that inspired and gave confidence to staff, other agencies, and supporters. He seized the opportunity and made a path for this organization that has enabled it to deliver justice and hope to our clients.

On Wednesday night, we had a reception to celebrate my first six months as executive director. It was a wonderful evening that brought together old and new friends of the Legal Aid Society and mine. As I sat in my office to prepare my thoughts for the evening, I listened to a CD from the group U2. As I heard the song “I Still Haven’t Found What I’m Looking For”, I smiled with the comfort that I had found what I was looking for. This is where I belong and this is the work I was prepared to do.

As I mentioned in my remarks, we often find ourselves lamenting that “there is only so much you can do.” But, with community coming together in unity, we can enthusiastically say “there is so much we can do!” This spirit filled our offices that evening with the feeling of affirmation from our community to our work and what we can do. Passion and persistence.

I have learned a great deal in the past six months. I have blogged to share my thoughts and experiences. As I was writing in the blog for the last time, I kept thinking about how to come to some closure to this experience. I suppose the last thought is that legal aid is a basic need, like food, clothing, safety, health care and shelter. The provision of legal assistance to a person who is poor is the key to unlock the door to those necessities – the core essentials of life.

There was one other exciting aspect of the reception. We had requested that people bring blankets, socks and shoes for needy individuals and families. Earlier in the week, one of my friends that I play basketball with at the YMCA told me that he had gone to COSTCO and bought some socks to bring to the event. He was willing to give a little more, make a little extra effort. At the end of the evening, I had a chance to see the collection of items and it choked me up. The next day I sorted the items and smiled as I thought how each item could help.
This morning, Traci Pekovitch of the Mental Health Co-Op came to our office and we loaded up boxes and boxes of blankets, shoes and socks. They work with consumers who not only use their facility for psychiatric/case management care, but also use the Campus for Human Development, Urban Housing Solutions, Downtown Clinic, Family Life Center, and the Nashville Rescue Mission. Tonight, they will be doing outreach to persons that are homeless and they will have these items to share with them. By meeting a basic need, it will be a way to talk about other needs.

I thought of the socks that my friend had donated. Tonight, someone will be getting those nice, new warm socks. As he puts on those socks, he will know that someone thought enough about his life to give a pair of socks. His life has value and his community wants him to press on. Who knows, maybe it will be just enough encouragement to tell him that life will get better soon. It just might give a tiny ripple of hope to him. We can help ease people’s burdens and uplift their spirits. It may be something as simple as socks, a smile, a word of encouragement, or legal assistance.

We truly can do so much.

Casualties of War

2007-12-13T10:27:00.000-08:00

All the survivors of the war had reached their homes and so put the perils of battle and the sea behind them.
Homer, The Odyssey, line 1

Mankind must put an end to war, or war will put an end to mankind.
John F. Kennedy

I have not written an entry for more than a month but there has been a recurring blog in my mind during that time that I have just not been able to put down on paper.

Veterans Day. I had never really felt much significance or meaning when Veterans Day was recognized. I would pay momentary tribute in some form but that was it. There was no deep thought or lasting impression on me.

This year was different. It started when I found myself drawn to the PBS documentary of the Second World War, “The War.” Although my father was in The Philippines during WW II, I really never made a connection with Veterans Day. It really wasn’t relevant. Part of the reason was that I could never remember my father ever talking about the war. Not once. The only memory I had was some obscure article that referenced my father as Mike “Blackie” Housepian and joked about how he couldn’t sleep at night in his tent without getting up and walking numerous times around his tent.

Knowing my own discomfort with unpleasant conditions when camping, I though this was funny about my father and felt some connection with his restlessness. Like most things for my brothers and me, we gravitated to and remembered the humor. But, it was also the only experience that was shared with us. Men were not expected to share their horrors or fears; we only wanted to hear the happy, heroic stories. Who wants to know about the quiet suffering?

It was not until years later that I would better understand my father’s restlessness. I watched portions of the PBS footage in the Philippines and found myself searching for a glimpse of my father. I didn’t see him but I did see him. I saw young men with dark, deep-set eyes with an almost vacant look. Saying nothing and everything at once. I saw the horrors that they saw and the conditions that they survived. I finally learned a little more about what a 21-year-old man was experiencing.

Instead of enjoying a Coney Island hot dog, cold beer and watching a Detroit Tigers game, he was thrown into a world and experience that would forever alter his life. He didn’t know that when he enlisted, he was just a kid. He was just doing what he thought was the right thing, what was expected of young men.

My father did come home but did not put the “perils of battle and the sea” behind him. Part of him was left behind in the Philippines and he carried with him the perils for the next 22 years. He would never be the same.

My mother said he wanted to be a sports writer but ended up a butcher. I remember his battles with life and not finding peace during most of my childhood. He was trying to do what was expected of him but not able to, not for himself, his wife or his sons. Over the years, I held him in my memory too harshly for not meeting my expectations, not being able to keep his job, and not being “strong enough.” I loved him but considered his greatest achievement was selecting my mother as his wife. I never saw him as a courageous figure. I was so judgmental of a person that I really never knew.

I never really understood that his war never ended when he was discharged and contracted malaria. His war finally ended at the age of 44 with a heart attack, 40 years ago from tomorrow. He fought as long as he could. It’s funny when my mother tells the story of how he dropped her off at the hospital when I was to be born as his third son while he went to a bar to watch a boxing match on television. He was the boxer and, finally, 40 years later, I have been able to see him more clearly for what he endured and tried to do.

So, Veterans’ Day has taken on new meaning for me. It is relevant and significant. Often, it seems like we need to have things become ”personal” before we really feel a connection. If you or a family member experiences a disease, injury, disability, racism, then it takes on a new meaning. It becomes personal. People raise money for cancer, form support groups regarding Alzheimer’s disease, speak out on racism, and establish foundations. There is a connection to do something to heal out of something that hurts.

I see the persons that are homeless and feel a connection. Reports show that 25 percent of the homeless population is veterans. That is a staggering statistic. Even more staggering is sorting out all the issues. I am grateful to all the organizations that are trying to help these men and women on their journey. Legal Aid Society tries to help with obtaining assistance, affordable housing and health care. I am hopeful that more and more of our work can be funded to assist these veterans.

Yesterday, Congress was presented with stories and statistics of military serving in combat in Iraq and Afghanistan–more staggering statistics and stories of high suicide rates and “injuries to mental health” for young men and women when they return. They are not leaving their battles behind them as Homer had written centuries ago. Until mankind ends war, we must find ways to try to heal the servicemen and women and their families who are the casualties of war. It is the least that we can do.

As a 15-year-old boy growing up, I didn’t see my father’s courage and strengths when he died. As a 55-year-old man, his humanity still eluded me. It eludes me no more. We can always find ways to pass judgment on others for not meeting “expectations.” But, we can also find ways to lift up and recognize the strengths. We have a choice and it is not too late.

The Real Challenge

2007-11-02T09:31:00.001-07:00

You must be the change you wish to see in the world.

Mahatma Gandhi

On Monday, Oct. 29, 2007, my family and I completed our seven day “Food Stamp Challenge.” We've agreed to subsist on the budget of an average food-stamp recipient: $21 per week, or approximately $1 per meal per day.

For the three of us, that meant we had a grand total of $63 to spend on all of our family’s food needs for the next week. As I described in a previous entry, community leaders were doing this as part of an effort designed to create public awareness about poverty and to urge people to contact their senators to support the Farm Bill before Congress.
We did it.

And now I have to ask myself “What did we really do?” Well, we learned something.

We learned a great deal about how precious money for food was to all of us. As a family instead of a single person, there was an element of accountability. You had to answer to the rest of the family if you spent any cash.

When we had less than $5 left during the last few days, we all knew we had to account for every penny spent. No one could spend any money unless it was absolutely essential to meals for all of us.

This meant that I could not get that cup of coffee, order of french fries, cheap hamburger, diet coke, candy bar, or bag of popcorn or chips. Buying those items would be a selfish act. These were luxuries, not “essentials.”

I learned a whole new definition of what qualified as a luxury.

We learned to make a few changes. For example, we drank tap water. We diluted the evaporated milk for our coffee. Coffee grounds and filters were used more than once. I popped popcorn on the stove almost every night as a treat. Meat was not part of any of our dinners.
I shopped at the bread outlet store. I took my time looking at various breads, squeezing them a bit, and checking prices. I finally purchased a very nice, health loaf of whole wheat bread for a dollar.

I brought home my find and displayed it like a trophy. I felt like a “big game” hunter that had brought in a feast for the family.

My daughter shouted “Good job, Dad!” because she knew that she would have some nice bread for PB&J sandwiches in the days to come. I immediately thought I should have purchased two loaves. It turns out I was right.

I should make it clear that I am so notoriously “cheap.” I look for bargains that make my daughters shake their heads. For example, my gas station has a special that any size drink is only $.99. Well, for a Housepian, this means this is a soft drink version of an “all you can eat buffet” and I get the biggest drink, even if I can’t finish it.

But, it gets better (and more embarrassing for my family). You can get any “refill” for $.79. So, what do I do? I take back my plastic cup for the $.79 refills. Why pay the extra $.20 and deny myself the joy of that bargain?

During the challenge, however, there were no soft drinks at any price. I really didn’t need it when that money could get us four more bananas on Saturday.

We also learned that eating together was an important event. My daughter and I remarked how good the food tasted. It seemed that the challenge made her mother a better cook. But, we quickly discounted that thought and attributed the change to greater hunger by the reviewers.

We learned a great deal about how hard it is, even for just one week, to live on such a tight food budget. But, this challenge had certain limitations. One of the most significant is that, unlike many of our clients, we had resources to handle additional unexpected expenses.
When I had car trouble this past Monday, I could pay for the repairs. Where would the money come from for the people that actually live on this budget? How do they pay for medication or the light bill?

We also knew that we had a “safety net” throughout the week. Despite our commitment to this project, we knew that at any time we could “go over budget” and buy the food we really wanted and “needed.” It was a security blanket that removed the element of anxiety. We never had to face the “What are we going to do?” moment.

Finally, we knew that this would end on the seventh day. The “end” was always in sight and we would be “free” to go back to old habits and spending. Our clients face this challenge, week after week, and hope that life will get better.

Let’s not fool ourselves. Anyone can do this for a week. Donald Trump can do this for a week. But, what did we really do except learn about living on this budget, sharing our experiences, and drawing attention to the Farm Bill?

Reverend Charlie Stroebel of the Room at the Inn was one of the participants in the Food Challenge and wrote “…Imagine what would happen if we only bought enough food for ourselves and designated other food for the hungry among us, and it didn't have the stigma of Food Stamps attached? It's at the heart of 2nd Harvest, food pantries, etc....”

If I really wanted to do something about hunger, pain and sadness, I don’t have to stop Monday at midnight. I could continue to forego the diet cokes and coffees and examine all our food purchases. I could stop spending money on these "luxuries" and using those funds in a more productive manner to help the community like Charlie suggests.

I am going to think about it, because I need to do something tangible that means something to the people that live like this week after week. Giving up an “excess” in exchange for something “essential.”

Like I said, Donald Trump could have done this challenge. He also could make a donation to the 2nd Harvest Food Bank and it would be a drop in the bucket. But, wouldn’t it also mean more to him if he gave up one of his “excesses” to provide some “essentials” for someone? Suppose he gave up some of his hairspray money to a local food bank. Wouldn’t that be a more meaningful step?

So, that is the lasting impression for me. The challenge has not ended, it is just beginning. It has become a challenge for self-examination and action.

Courage and Wisdom

2007-10-29T11:42:00.000-07:00

In our sleep, pain which cannot forget falls drop by drop upon the heart until, in our own despair, against our will, comes wisdom through the awful grace of God.

Quoted by Robert F. Kennedy, delivering an extemporaneous eulogy to Martin Luther King , Jr., the evening of April 4, 1968, in Indianapolis, Indiana.

Aeschylus (525-456 BC)
Greek tragic poet

On Saturday, Oct. 27, 2007, I attended a Nashville Coalition Against Domestic Violence event called “Meet Us at the Bridge.” It was held on the Shelby Street Pedestrian Bridge. It was an event to honor those individuals who work to prevent domestic violence. It was also a time to remember those who have died as a result of domestic violence this past year.

I stood in the midst of the crowd and learned of the wonderful work and dedicated efforts by some individuals. I heard about lives saved.

I also heard of lives lost – taken away by violence. Taken away by someone who was supposed to care for them.

There were statistics that were announced to reinforce the tragic existence of domestic violence in our community and to emphasize that it is a community problem. I thought about writing down the statistics to share as I wrote about this experience. But, the numbers just seemed like numbers. They didn’t reflect who these victims were. Soon, I learned who they were.

One by one, they named each person, their age, and the day their life was taken. As their name was spoken, someone came forward and dropped a rose from the bridge into the water, to drift away with a final farewell. The family members will not forget and they will carry with them the senseless taking of the loved one’s life. Children will carry the memory of violence throughout their childhood and as an adult. Will it make them stronger or will it make them part of a cycle? When they hear adults arguing loudly, they will anxiously wait and fear that someone will be hurt, again?

I heard of the killing of children under the age of 5. I thought about my grandchildren and the joys that they have experienced that these children never will – riding a bicycle, that special birthday party, falling safely asleep in the arms of a mother or father.

I thought about next year and the victims to come. How close to death are they now? Who in this group will have an opportunity to “save” them, protect them, and help them start a new life?

I recalled sitting in our family law section’s case review last week and listening to the flood of calls that had come in during the past week regarding domestic violence. Our staff provides so much information and guidance to many of the callers so that they are safe, know how to get an order of protection, and how to have a safety plan for themselves and their family.

Then, there will be others for whom we will schedule an appointment to come in. I also learned that there will be a significant number of “no-shows” when the appointment day arrives. Sadly, it is unlikely that things “getting better” is the reason why they didn’t come in for further help.

For the victims, it can be too hard to follow through, too hard to see that they do have a choice, too hard to see that they deserve better, and too hard to believe that they can “make it” without the abuser.

It requires so much courage and wisdom to break away from the pain.

I was reluctant to write about this because I thought it would be too depressing and dark. But, we all may have some opportunity in our walk to save a life. It may be a co-worker, neighbor, or a family member. Our office distributes a little laminated card titled “15 Signs Someone Might Be Dangerous”. I keep some in my wallet now. I will give it to my four daughters and, in time, give it to my five grandchildren.

There are organizations and people who can help. Our staff in the family law unit told me about women that showed extraordinary courage and wisdom to make a new life. They told me about how their lives have been changed and the strength they found within themselves.

There are options. There are choices. There is hope that someday soon, when we meet at the bridge, we can talk about all the lives saved and not throw any flowers in the river.

The Challenge

2007-10-23T10:41:00.000-07:00

It is not the rich man you should properly call happy, but him who knows how to use with wisdom the blessings of the gods, to endure hard poverty, and who fears dishonor worse than death, and is not afraid to die for cherished friends or fatherland.

Horace (65 BC - 8 BC), Odes

Today was the beginning of a new challenge for me and my family. We decided to be a part of the “Food Stamp Challenge.” We've agreed to subsist on the budget of an average food-stamp recipient: $21 per week, or approximately $1 per meal per day. For my wife, Carla, and 17 year old daughter, Hadiya, this would mean we had a grand total of $63 to spend on all of our family’s food needs for the next week.

Locally, the challenge is an initiative of the Jewish Federation of Nashville and Second Harvest Food Bank. It is designed to create public awareness about poverty in our community and to urge people to contact our senators to support the Farm Bill before Congress.

One of the provisions of the Farm Bill is to increase the weekly amount from its current $21 allotment for food stamp recipients. Food-stamp benefits have not been adjusted for inflation in more than a decade. There are dozens of community leaders that have agreed to join in this effort.

In Today’s Tennessean, there are some important articles written by some of these leaders like Avi Poster of the Jewish Federation of Nashville, Jaynee Day, CEO of Second Harvest Food Bank of Middle Tennessee, and Rev. Sonnye Dixon of Hobson United Methodist Church.

The number of Tennesseans living in poverty is staggering. One out of every five children in Tennessee under age 12 is hungry, according to a report from Second Harvest Food Bank of Middle Tennessee. There are 258,456 who live in poverty in the 46 counties Second Harvest serves in Middle and West Tennessee.

The sad reality is that far too many children go to school and are trying to learn without necessary food. The challenge to break out of a life of poverty through education becomes even more difficult when the child is hungry. I certainly know how my concentration and disposition are affected when I haven’t eaten properly.

When we first agreed to join in the challenge, it was an interesting “idea” to talk about with friends. We talked about blowing our budget in the first few days, how the classmates at Hadiya’s school already teased her about her “sad” lunches,” how I would arrange for others to take me out to lunch to help my budget, and how our food budget might finally be under control for one week. There was plenty of banter and light talk about the idea.

That all changed on Sunday night when we started planning our meals for the week. That was the first reality check. We had to plan for the entire week. There would be no running back to the store multiple times a week. People living in poverty do not have the luxury of running all over town to different stores and on multiple occasions because of the cost of gas.

Considering our tight budget, we began listing what we wanted to eat for breakfast, lunch and dinner. There were some “regular” items that never had a chance – ice cream, soft drinks and snack chips, for example. Then, my wife was outvoted when it came to her $8 organic coffee. She finally agreed to compromise and drink “other” coffee at half the cost.

The “Challenge” became real for us as a family when one family member demanded her own $21 rather than shopping and eating as a family on $63.

We went shopping last night with our list of items and a strategy to keep $10 of the $63 in “reserve.” We carefully compared prices of various brands and put items back on shelves as we saw more critical needs.

We forlornly looked at other “favorites” as we passed them by. I can only imagine how difficult it would have been to shop with small children as our basket was pretty boring. It had only the bare necessities, with the exception of my wife’s coffee. (I should note that I am a serious coffee drinker, drinking 4-5 cups a day from my coffee pot in my office. However, to be fair, I will be deprived of this luxury because I cannot afford to purchase coffee to brew a pot of coffee in my office. Staff should be warned when the headaches start.)

We came away spending $56.23 with $6.77 in “reserve” for later in the week. (I still need to buy mayonnaise and popcorn). Other than two cans of tuna, the only meat in our shopping cart was a small package of turkey for Hadiya’s lunches.

It also became real when we felt the pain of scanning the items through the self-service checkout, seeing the total grow, and then paying cash. I think paying cash just reinforced the “pain” of a limited budget you don’t feel when using a debit card, credit card, or a check. At one point, I made a mistake entering the code for the tomatoes. If we hadn’t caught the mistake, we would have spent $1.13 more than we should have.

We walked out of the store with a significant lasting impression. This takes hard work, planning and more knowledge than we currently have about eating economically without sacrificing nutrition. It created additional stress for us as a family. We didn’t go skipping merrily out of the store. We knew that we would be facing even more stress as the food ran out when we needed more items but no more money.

We will be able to make it for one week. But, that shopping trip alone gave us a better understanding of what people in poverty go through week after week.

Big Night

2007-10-18T11:25:00.000-07:00

"If we are to keep our democracy, there must be one commandment: thou shalt not ration justice."

Justice Learned Hand

October 18, 2007

Each year, the Center for Nonprofit Management (CNM) hosts a dinner and awards presentation to honor area nonprofits for their commitment to management excellence. The awards recognize nonprofits for a job well done, and they reinforce the importance of effective leadership in the nonprofit sector. Last night, there were more than 1,000 people in attendance at this very important event.

LAS was a finalist for two awards: (1) CEO of the Year (Ashley!); and (2) Excellence in Communications.

Before the dinner, I was joking with Ashley about whether I really wanted him to win CEO of the year. After all, if he won, that just put more pressure on me as his successor.

The winner of the Excellence in Communication Award was the first to be announced and LAS was joined with two other great organizations as finalists, Nashville Area Habitat for Humanity and Nashville Area Red Cross.

LAS won!

This is a testament to the vision of Ashley, our board, community advisory council, community education staff, the Bradford Group, and all our staff. However, the award wouldn’t happen unless people do the work of developing the information, following through with requests, and working together. It truly was a team award and will be an inspiration to all of us to work hard

In connection with this award, I want to emphasize several points. The work of Jeff Bradford, Mike Reed and the staff of the Bradford Group was essential to making this happen. It is obvious they have a heart and passion for our work. They have been instrumental in assisting us in communicating our messages to our communities.

Secondly, Rae Anne Seay, our grant writer, has made a tremendous contribution to our organization. She wrote the nomination that made us all look great. The work is important, but so is communicating what has been done.

Thirdly, Adinah Robertson and Bev Adcock of our community education section have been so important in teaching us how to communicate our legal information to our client in a manner that will empower them. As I mentioned in my remarks, we cannot meet the overwhelming needs of our clients and handle all the cases. Justice does feel like it is being rationed. But, we do not have to ration out important information to our clients. They can use this information to obtain justice. As the saying goes, knowledge is power.

This award was the product of the guidance and work of our Board and the Community Advisory Council (CAC). Beginning in 2004, the CAC began discussing the importance of hiring a public relations firm. This suggestion was presented to the Board and the Bradford Group was selected in 2005. After a recommendation from the CAC to hire a grant writer, in 2006 the Board discussed and moved forward with that recommendation. LAS hired Rae Anne and we all know what her work has meant to our organization. It is this type of vision and input from the CAC and the Board that is essential for our organization. We are grateful for their time and wisdom.

Finalists for CEO of the year included Hal Cato from Oasis Center and Nancy West of the Siloam Family Health Center, two truly outstanding leaders of great organizations in our community. Ashley Wiltshire was named the winner!

Ashley gave a wonderful speech (we were limited to 45 seconds) as he acknowledged the hard work of all of the staff, the board, and advisory council. Once again, knowing that Ashley would not even consider writing up something about himself, it was Rae Anne who put together the nomination narrative that highlighted Ashley’s leadership and, just as importantly, the work of LAS.

LAS was the only “double winner” of the night and I wish all of the staff and our supporters could have been there to experience the appreciation we all felt. There are so many wonderful nonprofit organization delivering necessary services in our communities and it was an honor to just be a finalist in these two categories. It was a reminder that people look up to us and are counting on us. We have done well but there is much work to be done.

I hope that when they read this they can sit back and smile, feel good about what they are a part of, and feel renewed about what great things we are going to do together.

We have both trophies on display at the front desk and Ashley has agreed (with Susan’s consent) to let us “borrow” it for a little while until it is returned to the “Wiltshire trophy case”.

After the presentations, I mentioned to people about what great things I have been able to do in less than three months as Executive Director with the winning of these two awards! Of course, I had absolutely nothing to do with these awards but gladly accepted all the accolades. That is what executive directors do, right?

In my acceptance speech I expressed my appreciation to our staff who have produced the “success stories” of clients receiving justice. But, most importantly, I am grateful to the inspiration that we receive from the character and lives of our clients. They motivate us to obtain justice for them. If they are able to receive justice, they also receive hope. We want to deliver justice, we want to give them hope.

The Promise of Justice

2007-09-27T12:22:00.000-07:00

What a good thing Adam had. When he said a good thing he knew nobody had said it before.

Mark Twain

I really enjoy a good quote or a good speaker. I admire how someone can succinctly use words to communicate a powerful message. I will scramble for a pen and paper to write down what was said so that I can share it. I do not have this gift, which is why my family refers to me, I hope affectionately, as “the Babbler”.

There is an annual statewide Equal Justice Conference organized through the hard work of the staff at the Tennessee Alliance for Legal Services (TALS) and the Tennessee Bar Association. More than 200 lawyers, advocates, administrative staff, and support staff from Legal Aid Society and other public interest advocacy organizations attended the conference. It is a time to renew friendships, to learn, and to recharge spirits with the energy to pursue justice.

The highlight of the first day is a dinner with a keynote speaker. Ashley Wiltshire, Jr., former Executive Director of LAS, was the keynote speaker and provided inspirational words to all of us. As I sat there and listened to him, it made me feel greater appreciation for what he has done and inspired me to carry it forward.

The next day we were fortunate to have the President of the Tennessee Bar Association, Marcia Eason, join us for the lunch. Marcia practices law in Chattanooga, so everyone appreciated the effort it took to be there. In addition to her presentation, Marcia titled her “President’s Perspective” column in the October 2007 Tennessee Bar Journal “Low-income Tennesseans Get Legal Help, But it’s Not Enough.”

She emphasized how important it is for private attorneys to provide pro bono legal services or contribute to help fund pro bono programs. It gives hope to legal aid programs and to poor people when they see a leader in the legal community make equal justice such an important message.

Later, Tennessee Supreme Court Justice Cornelia A. Clark delivered the luncheon address titled “Passing the Torch-Assuring the Promise of Justice.” Again, traveling to Manchester took effort and Justice Clark made it very clear why she made the effort. Delivering the promise of justice is her dream. She closed her speech with a call to all of us to persevere in the fight. She shared that it was her dream that the light of equal access to justice would be passed to all persons who need it.

As people left that luncheon, you could feel the energy of community and perseverance. You could feel the energy of hope.

Equal Justice

2007-09-26T12:19:00.000-07:00

"Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists...it is fundamental that justice should be the same, in substance and availability, without regard to economic status."

Lewis Powell, Jr., U.S. Supreme Court Justice

September 26, 2007

I had the opportunity to speak at the monthly meeting of the Rutherford/Cannon County Bar Association in Murfreesboro. It was good to be with them again as I had been the managing attorney in the Murfreesboro office from 1997-2001 and would attend the monthly meetings

My topic was “Equal Justice Under the Law-More than a Phrase.”

The purpose of the presentation was to challenge the lawyers to take action to move “equal justice” to becoming a reality for the poor. As I mentioned in my blog “Last Stop”, the unmet need is staggering, with existing resources only able to help in about one in ten requests. This means that we must have private attorneys willing to handle “pro bono” cases and/or provide financial support to our firm so more poor people can receive justice.

Mr. & Mrs. Hood

In order to “put a face” on this issue. I told them about a client named Ladonna Hood. Mrs. Hood is a 53-year old, partially blind woman with Parkinson’s disease. Her husband, Mr. Arnold Hood is a 61-year old, blind man. Their only income is $1,445 per month from Social Security.

Relying on their realtor’s assurances that it was in good repair, Mr. and Mrs. Hood purchased a modest home in December 2004. It wasn’t long before they found out the truth:

The light did not work in the hallway, but the realtor told Mrs. Hood that it only needed a new bulb. When Mrs. Hood inquired as to the reason for a sofa being left in the otherwise empty house, the realtor told her it was to make the house look good for sale. In fact, the sofa was covering a hole in the floor, and the condition of the floors was so poor that Mrs. Hood could not use her walker in the house. The owner had received notice the house would be condemned as a result of a fire. The fire, damages, and pending condemnation had not been disclosed to the Hoods at the time of sale; however, when they bought the home, they became responsible for bringing the house into compliance with local Codes, including addressing electrical and foundation problems.

Due to their impaired vision, the Hoods had also relied on the realtor to advise them about the terms of the mortgage. The Hoods learned after closing on the house that despite assurances from their realtor to the contrary, their mortgage had an adjustable rate and would increase in January 2007.

For 18 months Mrs. Hood unsuccessfully attempted to work out the problems with the realtor, Metro Codes, and Metro Legal. She had even contacted the media for help.

When Mrs. Hood called Legal Aid Society in November 2006, they had received a notice of condemnation from Metro Codes. She was convinced that they would lose their home either to the condemnation or because they could not make the increased mortgage payment.

The attorneys negotiated an agreement with Metro to suspend the condemnation, allowing time for repairs to be made. They negotiated an agreement with the seller to make him responsible for the repairs required by Codes. They also negotiated with the mortgage lender, which agreed to hold the payment increase in abeyance pending the repairs and to re-negotiate the terms to a fixed rate mortgage the Hoods can afford. Further, two experts were recruited to conduct inspections and supervise the repairs, assuring that quality work was done.

Without legal assistance, the Hoods would have certainly lost their home and depleted their limited resources.

It is unlikely that there will be sufficient funding for LAS to do all the work that needs to be done so that Justice Powells’ words about equal justice become a reality.

In Britain, the government provided support for free legal assistance for poor persons that amounted to $400.00 per poor person; while in the United States, the programs only receive $7.10 per poor person (less than 2% of the allocation in Britain). This means that we must have the support of the private attorneys doing volunteer work and providing donations.
So many in our legal profession have the heart to provide service in their community. We need to show them that using their skills is a way to give service to our community and to the justice system. Just like the lawyers did for Mrs. Hood and her husband.

The lawyers that helped the Hoods save their home did not work for Legal Aid Society. They were private attorneys handling this case as a pro bono case. They were doing their part for two people to ensure “that justice should be the same, in substance and availability”.

Community

2007-09-25T06:22:00.001-07:00

Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it is the only thing that ever has.

Margaret Mead

September 21, 2007

I had the pleasure of visiting the Woodbine Community Center Legal Clinic on Friday. It is a resource for advice/brief service assistance through the Nashville Pro Bono Program and the Legal Aid Society. It is provided on the third Friday of every month from 1 to 4 p.m.

The clinic primarily provides assistance to Spanish speaking people and interpreters are provided to assist the lawyers. The lawyers are private attorneys that have volunteered their time. I am sure that these lawyers could find something else to do on a Friday afternoon. While for most of us it would be easy to say no, as you talk with these attorneys, you realize that it would be hard for them.

On this afternoon, there were three lawyers for the 15 people that waited for their chance to speak with someone about their problem. If you have ever participated in a clinic like this, you know you never really know what to expect. Sometimes, it isn’t even a “legal” problem, it is just a problem. That can be unsettling as it falls outside the “comfort zone” of your own practice. However, as you patiently listen and sort through the issues, you are able to provide some direction to them on what they need to do.

The problems vary and on this day there were cases involving child custody, collecting on a bad check from an out-of-business tire company, medical bills, wage claims, name changes, etc.. Not big cases or anything that would make a headline, just examples of everyday problems causing stress and confusion. I watched the people come in and saw them walk away feeling better and with greater understanding. Someone had helped with something that weighed heavily on them.

The lawyers cared, and the clients knew it. Their problem was important to the lawyer and the lawyer wanted to help. Pretty simple recipe for a good experience. Pretty good example of the meaning of “community". This clinic and these lawyers are an example of meeting people where they live, in their community, and bringing each other together. We all walked away feeling more connected to one another.

It makes you proud to be part of the legal profession when you share an afternoon with these lawyers. It included an impressive, diverse lineup of: Steve Cobb, a former legislator who faithfully supports the Clinic and speaks Spanish; Sharmila Murthy, a Spanish-speaking attorney in private practice; and Patricia McCarter, an attorney “recruited” by John Griffin from his law firm to fill in for him. John is usually there and wanted to make sure someone would help. Patricia energetically rolled up her sleeves and displayed the mantra of the other “regulars”---let me see if I can help.

The Legal Clinic was established when John Griffin offered to talk with people at the Woodbine Community Center, Sharmila brought Legal Aid resources to join him, and they established a formalized system complete with intake forms, brochures and “conflict” checking. Georgina Santos from our office provided interpreter services and pulled all the paperwork together. Finally, there was Victoria Webb, coordinator of the Nashville Pro Bono Program, who helped with the intakes and arranging for lawyers and interpreters to be there.

Despite the rewarding work and the commitment of these lawyers, there is always a need for more attorneys and interpreters. If you are interested in providing these services, you can contact Victoria Webb, 615-780-7131, or the Director of the Nashville Pro Bono Program Lucinda Smith, 615-780-7127.

On that Friday afternoon, the world was not changed. But, effort was made by a few people to help make it a little better for 15 families. It’s a start.

Last Stop

2007-09-25T06:20:00.000-07:00

Treat people as if they were what they should be, and you help them become what they are capable of becoming.

Goethe

September 5, 2007

I visited the Cookeville office, the final office out of eight. It covers ten out of the 48 counties that we serve. In our entire firm, we have 30 lawyers to serve over 380,000 persons eligible for our services. Additionally, a recent study found that those 380,000 people averaged 1.3 problems, per year, per person. Now, if we were like any other business, you would really like those numbers---- over 12,000 eligible consumers per lawyer with possible repeat business in the same year. The marketing gurus' and investors' heads begin to spin. Then, you tell them one more tidbit---there is no competition for your business!

Of course, the catch is that the work is extremely challenging and the services are provided free of charge to eligible clients. In 2006, we received 66,488 requests for assistance. We opened 6,231 new cases in 2006. That is a lot of people that we said yes to, but, sadly, a lot more that we had to turn down. To put it into perspective, for every one that we accepted, we had to turn away nine.

This point was driven home when I sat in on the weekly case review of new requests for assistance. A wide variety of cases were reviewed over the next two hours. It required careful deliberation in deciding what we could do and the level of services we could provide. For some, the lawyer would talk to them and offer some guidance. For some others, it would be sending a helpful community education brochure. We have developed more than 60 such brochures and distributed 106,163 hard copies in 2006.

It is not easy to be “selective” but you have to be in order to use your limited resources in the most efficient way. We do not have the luxury of taking in every request.

One particular request stood out. The mother was only 16 years old and had a two-year-old toddler. She had been married for over a year to the father who was now 20. He has been continually abusive to the mother and she needed an Order of Protection and a divorce. On top of that, she had a great deal of difficulty filling out the forms. She receives Supplemental Security Income benefits because of a mental disability.

Questions and thoughts came racing through my mind: She was 14 when she gave birth? Why would parents consent to marriage to this father? Will she stay away from him? Will they reconcile?

It is very easy to be judgmental in evaluating some cases and to focus on the bad choices made by clients. But, sometimes you have to try to show someone that they do options – better choices, for themselves and for their child. Unfortunately, people in abusive relationships often feel that they do not deserve something better. But she does and her daughter does too. It will not be easy but they do have choices and we can help them along the way.

With the overwhelming requests for assistance, it is not an exact science as to what requests you decide to accept for a case. They may reconcile and she may stay in an abusive relationship for years. Or, they may reconcile and he may learn to be a better husband and father. Or, she may follow through and get her and her daughter’s life on track.

One of the staff told me about a recent visit they had from a former client. She said that the person just wanted to stop by and tell her that we had helped him a couple of years ago and that his life is better because of what we were able to do. He just wanted to tell us. We can only hope that this young mother will stop by some time in the future and be able to tell us the same thing.

This Blog Will Be Exactly 333 Words

2007-09-04T11:33:00.000-07:00

Injustice anywhere is a threat to justice everywhere

Martin Luther King, Jr.

I have had the opportunity to visit offices located in Murfreesboro, Clarksville and Gallatin that provide services in 15 counties. In talking with the staff, I was reminded how important it is to be responsive to the needs of the community and the issues that face our clients. In some areas, the problems of domestic violence may be particularly demanding while in another area it may be housing issues. Regardless, each office tries to determine what cases they can handle and what cases that we have to turn away because we just do not have enough resources.

During the year 2006, we had nearly 60,000 requests in our service area of 48 counties, we were able to open approximately 6,000 cases. So, for every one case that we can take, we have to turn away nine requests. It never is easy saying no and the staff has a difficult time when they meet to discuss which cases to take in their case acceptance meetings.

I also noticed that there is a degree of uncertainty as to what each day might bring when you work in these offices. We will often have “walk-ins” at any time on any day. In one sense, it is good that these occur because that means that people know about us and were able to locate us for assistance. However, it can be challenging when you have limited number of staff and “other” things that you had planned to do. But, whether it is a receptionist, advocate, or an attorney, you respond to the need and try to offer assistance, take down information to consider as a case, make a referral to another agency or resource in the community, or provide information in the form of a community education pamphlet.

One of the resources for our clients in our communities that have been created is a weekly column written by the managing attorney in the Gallatin office, Jim Hawkins. Jim has written nearly 100 of these columns that are distributed to numerous newspapers. In 2007, Jim’s columns were printed in 14 different newspapers and 30 times in the Gallatin Newspaper alone. These columns provide important nuggets of legal information that can reach people to whom we cannot provide direct assistance.

Jim has a statement added to each of his columns that says: “As always, the column length is exactly 500 words, plus the title, the opening quotes, and the disclaimer at the end, which are all essential elements of the column.” Except for thinking this is something that I could never do more than one time, I wondered why Jim had this requirement. He stated that it increased the likelihood that his column would be published because the newspapers would know how much space that they could routinely expect for their formatting. Now, that makes sense. It also is another way to help someone address an injustice, however small, that they are experiencing in their life.

Fortunately, as I refer to it as blahblahblahging, my blog has no such restrictive rule.

And Now For Something Completely Different

2007-09-04T11:32:00.000-07:00

We make a living by what we get, we make a life by what we give.

Sir Winston Churchill

This past week we were able to host a very special event at our Nashville office. Through the leadership of one of our co-workers, Janet Rosenberg, we hosted a Blood and Bone Marrow Donor Drive. Interested participants were encouraged to register for the National Marrow Donor Program (NMDP), which is accomplished simply by swabbing a person’s inner cheek. Donors also were given the opportunity to give blood to help alleviate the area’s critical supply shortage.

Our office became particularly interested because the involvement of Candy Jennings Rucker, who is sister to our staff member Gayle Squires. Candy and Dori Brown, both of whom work downtown, their families and friends worked hard to generate participation in the drive. Both women are motivated to do this work because of personal experience. Two years ago, Candy was diagnosed with Non-Hodgkin’s Lymphoma, a cancer of the lymph tissue; in June, Dori was diagnosed with Acute Myelogenous Leukemia, the most common acute leukemia in adults. Once we learned of their efforts, Janet asked whether we could be a part of this community effort.

I also provided olive oil enriched blood and signed up for the bone marrow registry. I had not donated blood in a long time and really had not thought about it. It wasn’t that I was opposed to doing this -- it just wasn’t something I thought about doing. I felt embarrassed that I had not taken the time to just make the effort to do this as I certainly had heard the pleas when there were blood shortages. It wasn’t that I was “saving “or “hoarding” my blood. It was just easy to ignore. Sometimes, there are so many things that we can ignore if it isn’t personal or doesn’t have a “face” attached to it. If it involves a family member or friend, however, then it becomes something you cannot ignore.

Besides the joyful excuse to eat a few extra snacks, it was a special feeling to have the blood drawn from me and sent off to be used by someone that will never know it was from me. I remember working with another lawyer in a public interest organization. The person asked me to mail an envelope that simply had some dollar bills stuffed in it with no return address. I thought it was unwise that this was being sent in such a careless fashion, not a check or money order, no return address. I realized that this was being sent in this anonymous fashion so the person didn’t know who it was from and they would have to accept the gift. This was completely anonymous with no recognition but so powerful. I know that this act must have helped restore the recipient’s faith and hope.

This was not a typical day in the office but it sure felt consistent with what we should do as a partner in our community. I learned a little bit more about my community, my staff, and the gifts that we can give to each other. Besides, as my family will attest, I am most generous in giving gifts that don’t cost me anything.

Covering a Lot of Ground

2007-09-04T11:28:00.000-07:00

I was gratified to be able to answer promptly. I said I don’t know.

Mark Twain

I had the opportunity to travel to Oak Ridge and visit this office that covers 7 counties and as far east as Claiborne County. It was the “hub” of another legal aid office called Tennessee Rural Legal Services that was part of the consolidation of three legal aid offices in 2002 to form Legal Aid Society of Middle Tennessee and the Cumberlands. Traveling to the office really punctuated the demand for our services when you cover 48 counties and serve one-third of the state’s poor people. The Oak Ridge office service area, alone, has 60,000 eligible people.

In talking with the staff at the Oak Ridge office, I was impressed with their efforts to help individuals live at home or remain in their communities. They were engaged in persistent advocacy to help a young child with multiple disabilities live in a residential program close to her family, a middle age adult who experienced spinal cord injury receive necessary services of just a few hours each day so she can live in her own home, and locate services for families to be able to help a senior adults with Alzheimer’s or Parkinson’s remain at home with their family.

In one case, it has taken up to 6 years in order to establish eligibility and obtain services. This is too long, not for lack for advocacy, but it was not too late for the child and that mother. For the middle age adult, the initial response was unfavorable but the advocate persisted in demanding that the application for services be processed. It was not too late. For the elderly family member, there continues to be limited services and programs that can be pieced together so that a family can keep her at home safely with the supportive services. It is getting late and more difficult as they days go on. Many of us have family members that are in this situation or will be in the near future. We will face difficult decisions in ensuring that their final years are lived and enjoyed as fully as possible. It is the least we can do for these family members that have been “givers” all their life.

Tennessee continues to rank near the bottom of the country when it comes to investing dollars in long term care services in the community instead of institutions like nursing homes. One of the few programs available is the Aged and Disabled Home and Community Based Medicaid Waiver that is administered by the Commission on Aging and Disability.

More information can be found at their website.

In our advocacy efforts, it will be important to locate what scarce resources that exist and help families explore their options. However, the demand for more services in the home and community will increase with our population there will need to be more services available.

Neil McBride is our General Counsel and Managing Attorney of the Oak Ridge Office. Previously, Neil was the Director of the Tennessee Rural Legal Services program and has been a valuable resource to our firm since the consolidation of the three programs. Neil has been working in legal aid programs since 1978 and is nationally recognized for his knowledge about how programs should effectively deliver quality services to our clients. He has conducted on-site evaluations of more than 80 legal aid programs around the country. This provides a tremendous resource and barometer for us in knowing how we need to improve and how well we are doing in other areas.

I remarked to Neil that I was grateful for his experience and opinions even if I don’t agree with them all. He said he was glad because he doesn’t agree with all of his opinions, either. I wish he would have told me that before. I certainly believe my own opinions at the time that I voice them. Now, they may change a short time later, but I really believe what I blab. Now, I have a man as General Counsel that doesn’t believe his own opinions that he shares with me? I suppose I will just have to question Neil when he tells me an opinion as to whether he really believes what he is saying.

One thing that I have learned is there are times when you just don’t know the answer. Sometimes there really is nothing wrong in admitting that you just do not know the answer. It is important to just listen carefully and then search out the answers. It is like what my brother Vaughn says when we both hit bad golf shots.

“Gary, we just are not that good.” Well, I also know that I am just not that smart either. But, there are plenty of very smart people in this firm and those that care about our work that can provide the answers. I just have to be smart enough to know who has the right answers.

There is always a catch.

The Most Important Part of the Reservation

2007-09-04T11:26:00.000-07:00

Be silent as to services you have rendered, but speak of favours you have received.

Seneca (5 BC - 65 AD)

A busy day was waiting for me as I was traveling to Cookeville for our Board meeting. I was a little anxious as this was my first Board meeting as Executive Director. Since I would be leaving the meeting to travel east to visit our Oak Ridge office, I had decided to pick up a rental car for the long trip.

I left the office and arrived at the car rental office, gave my name, and provided my confirmation number. The young man asked when did I make my reservation. Hmmm, is this a trick question? I told him that I made the reservation earlier on the previous day over the internet. He located the reservation but said that they didn’t have any cars and didn’t know when they would have one. My mind flashed back to a Seinfeld episode when Jerry was confronted with this same event. He had told the person that “you know how to take the reservation, you just don't know how to HOLD the reservation and that's really the most important part of the reservation, the holding. Anybody can just take them.” I explained that the importance of making the reservation was for them to “hold the car.” I could not understand how there could not be any cars and why I had not been called earlier to tell me that they had “run out of cars.” In my desperation, I said I would be willing to go to the airport for any vehicle. I just could not understand why they could not provide me the courtesy of a phone call that would allow me to make alternative arrangements since there were other car rental companies. (I felt pretty confident that there had not been a “run” on rental cars on Nashville).

I sat down for about 20 minutes when a car arrived and I was able to make it on time for the Board meeting. But, I had lost confidence in their customer service and how this all transpired. It reminded me of something I learned several years ago. I read that one unhappy customer will tell 9 - 10 others of their bad experience. Although our firm does not have a shortage of “customers” and no competition for our services, it is important that we remember that we are in the customer service industry. It is important that we deliver quality services and treat our clients with respect and courtesy. We will routinely send a short one page questionnaire to clients when their case is closed. Usually, “customers” that receive a free service are not asked for feedback. But, it is essential that we constantly evaluate whether we are meeting the needs of our clients with effective communication and services.

My day concluded in Oak Ridge and dinner with our General Counsel Neil McBride. Neil suggested a very simple, Mediterranean restaurant that was operated by a family from Jordan. He couldn’t have picked a better place. When he called to see if they were still open, the owner warned us and apologized for his air conditioning not working. We were greeted by a man, his wife, and children nearby. As soon as “my features” were spotted by them, there was a special look given to me that I have grown accustomed to. I knew that before I left someone would ask “where you from”. I also knew that these restaurants are very special places because of the people. It is so important to the family that you enjoy the food. The preparation of your meal is an extension of them and their gift to you. I am sure that it is essential that their business is thriving but what brings them joy is that you enjoyed their food.

Think about it. How often to we go to restaurants and really feel that it was important to the owner that was genuinely interested in whether you enjoyed the meal. (Usually, they are most concerned about not receiving a complaint and will provide something free. Personally, I have not really been “convinced” about my dissatisfaction and have found it best to complain after the mid-point in the meal). Well, here we had the owner, cook, waiter/waitress all rolled into one. We sat in the sweltering “dining room” but savored the food and the warmth of the people. I was happy to tell them how much I enjoyed the food and see their pride with the simple acknowledgement.

He asked “the question” and I proudly told him that I am Armenian. We then engaged in a great conversation of “our foods” that our cultures shared and enjoyed. I bragged about many of the dishes and pastries that are made by my 85 year old mother. They insisted that I take some free dessert, “bourma”, and I promised to bring something from my “family” when I visit again. Now, that is what I call customer service and I feel confident they know how to “hold a reservation”.

So, you might ask what this all means to our work. I suppose this continues to be simply a diary of what I continue to learn, inside and outside the walls of our offices. A simple meal reminded me of the importance of providing great services and about what a great country that I live in. It is a country of “opportunities” that my grandparents came to in the midst of oppression and poverty. They came here to work and for a better life. Within our 48 counties that we serve, our communities are filled with good people from other countries that that have come here for a better life where they are opportunities for their hard work and where they can raise the families. They are doing many good deeds that go quietly unnoticed, value the importance of family, and they are a part of a wonderful feature of our communities called diversity. It is my hope that when we are provided opportunities to serve them that we can provide good “customer service” to them as they strive in their journey.

Any Publicity is Good Publicity

2007-08-20T10:38:00.000-07:00

The end of the day concluded with some lighthearted banter about the “Executive Profile” and picture of me in the Nashville Business Journal. Mocking and eye rolling by co-workers greeted me. Yep, that’s my staff and the respect that I command. Of course, it is bit frightening when you open up the paper and see this very large photo of yourself. People told me it’s a good picture but I said I didn’t know about that. I would say this or that about the picture makes me look like this or that. There would be this silence in response as if people didn’t know what further to say. So, I said what they were all thinking:

“Well, Gary, that is what you do look like.”

Without going into too many details, I do think I could blame this sensitivity on my brothers for tormenting me as child about, all right, I will acknowledge it, my protruding ears. They would call me “Dumbo” and taunt me with the derisive chants until I would cry. Now, let’s be clear, there is documented photographic evidence that these were very large ears for a young boy. (For Detroit Tiger baseball fans, think of a young Don Mossi). However, I was determined to “fix” this problem. Night after night, I would lay my head down on one side of the pillow to help flatten one ear and then alternate for the next night. This would go on for months until I was satisfied that my home remedy had made me less Dumboesqe. While not chronicled in any medical journal, I am proud that I had discovered this cure. Without those efforts, it is very doubtful that the Nashville Business Journal would have had room for anything else on that page but my photo.

I will conclude with this thought. I believe that laughter is a great healer. I remember Ms. V. at the nursing home saying that the people at the unlicensed boarding home laughed “at her” for being a “nitwit”. The people at the nursing home “laughed with her”. She knew and felt the difference. As we laughed and talked, you could see her becoming more animated and spirited. After what she has gone through, she is healing. But, she also is still helping others with sharing who she is and the spirit within her. Freon in, Freon out. When I interviewed for this job, I told the interviewers that I want my co-workers to feel that are working at a place that they can “laugh and grow.” This thing called life can be hard and we all need laughter to heal, uplift, and keep us walking. In this work, I know that I will need to welcome the opportunities to laugh and try to bring some laughter to others.

But, there is absolutely nothing funny about large ears.

Moving Forward

2007-08-20T10:37:00.000-07:00

Friday, we received an unfavorable decision from the Tennessee Supreme Court case that involved consumer rights. It is very disappointing when you have a case reach that level and your pour so much effort into your work. There was excitement in anticipation that we might receive a favorable decision. Then, when it came down, it was like getting punched in the gut and you just feel empty.

David Tarpley left me a message on late Friday to ask me to come by and talk about the decision. David has been working for us since 1971 and is a gifted lawyer recognized for his expertise on consumer issues. He had participated in an outstanding collaborative effort among lawyers within our firm and with other legal aid office across the state. He also participated in the oral argument for a few minutes and complemented the main argument with a skilled presentation.

I remember Ashley Wiltshire telling me how two different lawyers, one of our younger lawyers and one of our “crustier” lawyers (you know who you are), had come in separately and raved about David’s effort. But, sometimes and some days, you just have to walk away and reconcile that on this day, it just wasn’t enough to sway the court. It is tough to swallow but you must move forward. It always is about moving forward.

David told me that the day after the argument he emailed other staff saying that, regardless of the outcome, he was so proud to be a part of the collaborative effort of so many in our “community.” David remembered on that day wearing his old legal aid pin with the scales of justice on it and feeling proud to be a legal aid lawyer. He also said that working with the younger lawyers and in collaborative efforts with other lawyers is what “energizes” and keeps him “stirred up” at this point. That’s his Freon. David is getting it and still passing out his own.

We commiserated and accepted that justice was not delivered. But, we reminded each other that the collaborative process of harvesting the best within us all was an important achievement that we will need to replicate it in the future and it will produce victories for our clients. Passion and persistence.

What's Your Freon?

2007-08-20T10:36:00.000-07:00

The human race has one really effective weapon, and that is laughter.
Mark Twain

In a previous post, I wrote briefly about how in this August heat, the air conditioning in my car needed Freon to make our journey easier – just a little thing made a huge difference.

Friday marked the end of another week of listening and learning in my 100 days. It also marked another notable achievement, I had now surpassed the 31 days of the term of President William Henry Harrison. Next on my list is President Garfield, who lasted 199 days. I will be very careful on that day. Ashley Wiltshire, my predecessor, is at the top of the tenure list with 11,315 days, give or take a few days that he might have laid out of work and “called in sick.” I think that record is pretty safe and my co-workers have already expressed hope (make that, promise) that they will not be here if I am here at age 85.

As I have begun my work here, it has been wonderful to receive the support from so many people that I have known over the years. I have come in contact and received good wishes that congratulated me and expressed support for me. (This includes an otherwise critical group I play basketball with at the YMCA and have questioned my judgment on foul calls. It is quite simple, if I missed the shot, I was fouled.). It means so much, it keeps me determined to deliver to our clients and our communities what we need to do. I suppose they are giving me “Freon” along this journey.

I’ve learned that it really helps to give or receive eye contact – a smile or a nod to those we pass in our walk. Working with people with disabilities, I saw how we often do not look at them and will look away. It is as if they are invisible. Unfortunately, we may see something in others that either “separates us” or discounts them. We can be so selective.

I do not write this with pride, as I know I have and continually fight to “unlearn what I have learned” (from that great philosopher, Yoda). Not only do I withhold something from them, I deprive myself of someone of value. I am continually amazed with the overwhelming feeling I receive when I give a little Freon indiscriminately to someone else or receive some Freon.

We pass people everyday that have some “brokenness” and they just might need our Freon to help them keep walking. My brother Michael, talks about how he has recently enjoyed watering his lawn and talking to people as they pass by and saying something to them. (His standard: “If this doesn’t work, I am going to paint it!”). They feel a little different, a little more energized, a little more connected.

In my new job here, I believe it will be important for me to discover what is the Freon my co-workers need so they can best do our work, keep them with us, and be able to supply the Freon to our clients in their journey.

Passion and Persistence

2007-08-15T10:20:00.000-07:00

One of the most enjoyable aspects of my job is the opportunity to meet and work with a diverse group of people. Part of my day included traveling to Maury County and meeting with Houston Parks, vice president and incoming president of our board of directors. Houston is and attorney as well as chief operating officer of First Farmers & Merchants Bank.

He has been on our board for more than six years and offers us the benefit of his business savvy. We are fortunate that there are people from the business community that support us and want to advance our efforts to meet the needs of our communities. As Houston introduced me to other people in his bank and in the community, I was grateful to see their support for Houston’s dedication to Legal Aid Society. When we have people like Houston invested in our work, they really become ambassadors for us.

Next, I had paid a visit to the 82-year-old woman I had written about earlier. I stopped by our Columbia office and Pete Frierson, a paralegal, joined me. Pete has worked for legal services for more than 25 years and brings a wealth of experiences and skills to our work.

He has lived in Maury County all his life and returned there after serving in the military during the Vietnam era. As an African-American man, he brings an important perspective to our firm. Ask anyone and they will tell you Pete is not shy and will advocate for what is right. He also will make it clear to clients when they need to do “what is right” so he can be of maximum assistance. People in our Columbia office service area know Pete and the assistance that we can provide.

There is something about riding in the car “in the country” that invites good conversation and discovery of what you share in common. It also was nice to share adversity as AC in my car wasn’t working and needed some Freon. We kept putting our hands over the air vents trying to convince ourselves that the air would grow cooler. Windows were rolled down and on we went to the nursing home.

After 45 minutes, we arrived at the nursing home and I met Ms. V for the first time after learning about her awful experience in an unlicensed boarding home. I didn’t know what to expect. Was she happier? Would she be able to communicate with us? Would I come away with a feeling that we had really been a part of changing a life?

Within a few minutes, I had my answers, plenty of them.

She was curled up under a blanket and looked asleep. Her white hair was clean and brushed to the side of a face filled with character. We introduced ourselves to her and started to chat. The more we talked, the more she felt comfortable and talked more and more and more. Pete quickly developed a rapport with her. She had some hearing difficulties but she wanted to hear everything that we said and we wanted to hear everything that she had to say.

She said that the boarding home staff told her that she was a “nitwit.” She asked what a “nitwit” was. We told her that it was a person that didn’t make any sense. We assured her that she was no “nitwit.” She talked about how she was just left in her bed at the boarding home, that they just kept her wheelchair in the basement, that she often didn’t receive any food, that she had to dress herself, that they criticized her for “peeing on herself” and did nothing to help her stay clean, that she had fallen three times from her bed and hit the right side of her head, and that she was told that she complained too much. They didn’t want to hear her. They didn’t care.

This dear woman deserved so much better. I also imagined that she must have thought t “this is how it will end” for her ¬– in a home that was no home. After awhile, it was just too sad to hear any more about how Ms. V had been treated and what she had endured. It was time to talk of other things with her. Time to move on, time to move forward, even at age 82.

She happily displayed that her nails had been done and that her hair was going to be done. Pete said that she would look like Marilyn Monroe after that and Ms. V said she would have to get her hair dyed. She said that she hoped that she could save her money so that she can get some new dentures.

Being a wimp when I have a toothache and cannot enjoy eating, I could relate to her desire for her teeth to be fixed. I have worked with persons with mental retardation and learned how important good dental work by terrific dentists can have a dramatic impact on their happiness and enjoyment of life. Pete and I talked about whether we can find some assistance for her dental work.

I could write pages about Ms. V and what it was like to spend about an hour with her. It made my life richer and I was thankful that our journeys in life intersected. We explained to Ms. V that Carmen Craft, our paralegal that had helped her, had left her job to relocate in the Gallatin area. She asked why and we said that she wanted to spend time with her grandchildren in that area. We also said that she wanted to be close to water so she could fish. Ms. V’s eyes brightened and she thrust out her left arm like she was going to cast and said “I can fish!” We laughed and hoped that some day that she can go fishing again.

Ms. V talked about how the staff at the nursing home actually “ask” if they can help her getting dressed, whether she wants to go to some activity, etc. They refer to her as a “sweetie” and they see a life worth valued. We said we would be leaving and she said to us “I will be here, don’t forget me!” She will be 83 at the end of September and I look forward to our visits in years to come. We had played a part of someone reclaiming their life, even at age 82.

I paid a visit to the Department of Human Services office in Marshall County to fill up the rack of community education materials. As people wait for their appointments, they have access to some wonderful community education brochures that provide important information that are relevant to their lives. The need to fill up the racks was evidence of that we are providing some assistance to meet people’s needs. We can’t represent and talk to everyone but this is a way to help.

I accompanied Pete to talk with a housing client at their apartment. Pete has seen many things and knows when there are times to support and encourage. Then, he also knows there are times when he can discern when family members need to “step up” and do what is right and responsible. They need to do their part if he is going to be able to help.

We stopped at Auto Zone and bought a can a Freon that you can “put in yourself”. I should say that a vast majority of the male population could put it in themselves. The other segment, which consist of myself, my two brothers (one brother doesn’t have this genetic flaw), and others, have this genetic flaw that disqualifies us from even considering “do-it-yourself” projects. The exception to this rule are do-it-yourself food buffets, we can build a plate with the best of them. We can turn a $10 repair job into a $100 one. Fortunately, Pete helped put in the freon and we rode in comfort.

By the time I arrived back at the office after 5 p.m., I expected everyone to be gone. The lobby was filled with clients as part of the Second Tuesday Walk-In Clinic that is held the second Tuesday of the month. Private attorneys volunteer their time to provide consultation to people who come to our office beginning at 4:30 today. There were eight private attorneys, staff from our office, and Lucinda Smith, the director of the Nashville Pro Bono Program. As I left at 6:30, Lucinda was still there talking with a client, offering advice.

Passion and persistence. Those were the words that I was left with at the end of the day. Those words were personified in the lives of people from all walks of life I spent time with on this day. It was in Houston, Pete, Ms. V., and Lucinda. In order to do what we are here to do, we need to bring our passion and persistence.

A little Freon helps the journey, too.

Legal Aid Society Teams with DHS

2007-08-08T10:19:00.000-07:00

There was another elderly client, 82 years old, that one of our paralegals from our Columbia office, Carmen Craft, was helping on the very day that I had visited. Carmen had been contacted by Adult Protective Services of the Department of Human Services (DHS) about this client who was in an unlicensed boarding home.

Many homes for persons with disabilities are licensed and have to meet standards established by state agencies. But, unfortunately, people with limited funds and without family support often end up in unlicensed homes. The physical conditions of these facilities are sometimes very poor and the food provided consists of lunchmeat sandwiches and other meager meals with limited nutritional value. I often refer to these places as “three hots and a cot”.

Someone had convinced this elderly client to sign a power of attorney and this person was exploiting our client’s funds by keeping a large portion of her Social Security check, then dumping our client in the unlicensed nursing home and giving the rest of the funds to the boarding home operator. None of the Social Security funds ever reached our client.

DHS became aware of this client and other residents because of reports of the poor conditions and declining health of the residents at the boarding home. Their health, safety and lives were at risk. DHS requested our assistance in obtaining a revocation of the power of attorney and we worked jointly with DHS to find a good home for this client. We were able to find a place for her in a licensed nursing home and redirected her Social Security funds to pay for her care at the nursing home -- along with being able to keep $40 per month. She was actually going to have access to her own “pocket money”!

Carmen told me how she spoke with the client the day she moved into the new home. She told Carmen how happy she was to have her first shower in weeks (problems with boarding home plumbing) and was looking forward to playing bingo. I was reminded that there are many of our neighbors that are elderly or disabled that are without families that need urgent help. It was great to see our firm working together with DHS to help this client as people think that the State agencies and legal aid always fight against each other. There are many times and opportunities that we can work together for our clients to know their rights and secure the necessities of life. It would have been heartbreaking if this 82-year-old woman would have continued to spend her final days in that unlicensed boarding home, not knowing that her life is valued and that people do care about her. I hope to visit her when I go out to Columbia next time.

Learning Curve

2007-08-08T10:18:00.000-07:00

I began my tenure at Legal Aid Society by visiting the three of our eight offices in our service area in the first two weeks. I spent some time getting to know the attorneys, staff, volunteers and clients. At each office, I heard stories about people whose lives were changed because they were able to find help from Legal Aid Society.

Often, we’re talking about people with nowhere else to turn, people in danger of losing their homes, their families or their lives.

We have an elderly client, for example, whose only source of income is a monthly Social Security benefit. The client’s home needed repairs requiring several thousand dollars, so she began saving part of her monthly benefit until she had saved up enough to get the work done. During a regular Social Security Administration review, she volunteered that her checking account balance exceeded the $2,000 limit for SSI recipients. The SSA sent her a bill, charging her more than $3,600 for “overpayment” of benefits. She’s being punished for being fiscally responsible! An administrative hearing is scheduled for later this month and Legal Aid Society will help her prepare for it and represent her. But I ask you, without us, where would she turn?

The good news is that once you get to the administrative hearing level, your chances of success greatly improve. I’m told this by Dave Ettinger, a staff attorney here who also happens to be a board member of the National Organization of Social Security Claimant Representatives. Dave is one of the best legal experts on Social Security law you could find in any law firm, large or small, for-profit or non-profit. We’re blessed to have him – and so are his clients.

Who We Are and What We Do

2007-08-08T10:17:00.000-07:00

I’ve learned that there are some misconceptions about the services offered by Legal Aid Society. Our mission is to enforce, advance and defend the legal rights of low-income and vulnerable families in order to obtain for them the basic necessities of life. That means we deal strictly with survival issues: housing, health care, abuse, income protection and family law.

We do not take criminal cases. The courts provide a public defender for the criminally accused who cannot afford an attorney. There is no such protection in civil court, and that is why Legal Aid Society exists.

We also don’t take class action lawsuits. We concentrate on changes lives one at a time, ensuring that the most vulnerable in our community have access to justice.

The poor need legal help too. Most people think that only wealthy people need a lawyer. Boy, is that wrong. In today’s world, access to legal advice and representation is a basic need like food, clothing and shelter. We see it every day – landlord/tenant issues, income tax troubles, people who have been abused and need help, people who have been scammed. The poor have civil legal problems and due to their financial circumstances are affected by them more profoundly than the wealthy.

Legal Aid Society - Office Locations

2007-08-07T12:28:00.000-07:00

The Legal Aid Society serves Middle Tennessee from 8 offices:

The Clarksville office serves these counties: Cheatham, Dickson, Houston, Humphreys, Montgomery, Robertson, and Stewart. To find out if we can take your case, call.

In Montgomery County:
call (931) 552-6656 or 1-800-342-3317 (free call)
1-800-238-1443 (free call)

Office Location:
120 Franklin Street
Clarksville, TN 37040

The Columbia office serves these counties: Giles, Hickman, Maury, Marshall, Lawrence, Lewis, Perry and Wayne.

104 W. 7th St
P.O. Box 1256
Columbia, TN 38402-1256
(931) 381-5533

The Cookeville office serves these counties: Clay, Cumberland, DeKalb, Fentress, Jackson, Overton, Pickett, Putnam, VanBuren, and White.
Phone: 528-7436 in Putnam County or 1-800-262-6817 (this is a free call)

9 South Jefferson Avenue
Suite 102
Cookeville, TN 38501

The Gallatin office serves these counties: Macon, Smith, Sumner, Trousdale, and Wilson.

From Sumner County, call (615) 451-1880 or 1-800-239-1443 (free call).

From Macon, Smith, Trousdale and Wilson counties, call 1-800-238-1443 (free call).

You can also reach the Gallatin office by calling 1-888-475-4150 (free call).

650 North Water Avenue
Gallatin, TN 37066

The Murfreesboro office serves Cannon and Rutherford counties.
(615) 890-0905

526 North Walnut Street
Murfreesboro, TN 37130

The Nashville office serves Davidson and Williamson counties. We have help from volunteer lawyers. This means we take different kinds of cases in each county.
(615) 244-6610

300 Deaderick Street
Nashville, TN 37201

The Oak Ridge office serves these counties: Anderson, Campbell, Claiborne, Morgan, Roane, Scott, and Union.

(865) 483-8451
(800) 483-8457

P.O. Box 5209
Oak Ridge, TN 37831

The Tullahoma office serves these counties: Bedford, Coffee, Franklin, Grundy, Lincoln, Moore and Warren.

(931) 455-7000
(866) 898-0171

123 NW Atlantic Street
P.O. Box 1293
Tullahoma, TN 37388