Legal services providers
The pipeline problem
To implement eviction RTC, legal services providers will generally need to increase staff, not just line attorneys but also often supervisory staff. In a jurisdiction with a particularly limited eviction RTC such as Minnesota (only public housing tenants being evicted for an alleged breach of lease are covered), this might be less difficult. However, building up the capacity to provide full representation can be challenging, especially when:
Long-term or permanent funding is unstable, as providers can be reluctant to staff up without a guarantee that they can keep attorneys on staff past a certain time;
Staff need to work in rural areas; and
Staff fluent in the dominant language of the area are needed.
Another factor is that there is currently a nationwide shortage of attorneys applying for public interest jobs, not just to do eviction RTC but also family law, domestic violence, and criminal defense. This was caused in part by the pandemic causing many to reevaluate their work priorities, which led to many people in a variety of fields opting to quit or retire. In some areas, especially rural areas, there are too few attorneys altogether, let alone ones willing to do legal services work. All of this is referred to as the “pipeline problem”. The shortage of public interest lawyers has roots in systemic issues like rising student loan debt, low pay at legal services programs, a failure of law schools to champion housing law or housing justice, and a shortage of law school eviction defense clinics. And it has a race equity component, as tenants of color are disproportionately feeling the sting of the lack of attorneys.
New York City’s struggles with building out its eviction RTC program are an indication of all of this, even though NYC advocates planned precisely for this issue by setting up a pipeline working group as part of the organizing around eviction RTC. Unfortunately, advocates could not expect how big the supply/demand issue would be (especially because the pandemic happened as the right was being implemented).
While there is no quick answer to the pipeline problem, legal services providers around the country have developed ways to begin to address it.
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How you pitch the open positions can have a lot to do with whether law students or attorneys will be interested in them. Eviction RTC is a national movement, and RTC attorneys imme4diately become part of that movement, providing not just front-line defense but also working to change the eviction machine itself in all the ways described in Section 1.4.
Example: Check out a recruitment flyer from the Heartland Center for Jobs and Freedom.
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This includes asking new lawyers what attracted them to their roles and what prepared them to be housing defense attorneys, and inviting them to be liaisons to their law schools. Check out the RTCNYC Coalition Pipeline Working Group’s survey of housing staff attorneys.
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Surveying law schools about what they’re doing to inform students about this work: do they have a curriculum in place, doctrinal classes, or clinics? You can also have the law schools create pages about eviction RTC on their websites.
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Develop a program for “progressive assistance” by law students: first year law student volunteers review legal papers, second year law students assist clients, and third year law students become certified so that they can appear in court under supervision.
Have staff alumni reach out to their schools and do presentations.
Network with the public interest coordinator at the area law schools. Specific examples:
In 2021, Washington’s Office of Civil Legal Aid partnered with Seattle University School of Law on the Housing Justice Collective to create “a sustainable pipeline of diverse, highly competent, and committed lawyer-advocates to represent tenants in unlawful detainer actions in Washington State.”
Connecticut’s RTC program administrator applied for and received one of the HUD Eviction Protection Grant Program grants. They then used this grant to provide seed money to support a supervisor and fellows with a caseload at the University of Connecticut Law School. The law school was very receptive because there was funding available.
Delaware has a progressive representation rule allowing students to practice under supervision.
New Jersey’s Housing Justice Project is a partnership between Seton Hall and Rutgers, though it is not specific to eviction RTC. Building up law school internships that provide progressive assistance opportunities can help instill interest in students.
NYC created a law school roadshow to educate students about and promote eviction RTC.
Massachusetts added access to justice to the bar exam, and RTC is one of the topics covered.
San Francisco: there has been success with the 10-month law fellows program (“unlawful detainer school”) for new graduates (average about 4/year). They recruit from job fairs. They expect about 50% of the fellows to become staff attorneys.
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Spotlight available jobs by participating in job fairs or developing an housing attorney specific jobs board (like this one in NYC).
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Hiring paralegals, where permissible, to handle administrative work, which can help spark interest in a career as a housing attorney. While there are career paralegals, many undergrads interested in law school serve as a paralegal for 2- 3 years to get to know the area of law. Massachusetts hired 50+ paralegals during the pandemic to work on administrative cases and cases involving subsidized housing. Some of the paralegals have now gone on to law school, and will, hopefully, return to doing this work as attorneys. In Philadelphia, paralegals do the intake and workup, handle issues outside of court and administrative hearings if necessary, then pass to the attorney for the housing court case.
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Hiring legal fellows to participate for a limited term with the hope that they can be kept on. One national example is Equal Justice Works’ Housing Justice Program.
Approximately, 80% of EJW fellows stay on at their host organizations after the fellowship ends.
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Revising benefits for new attorneys, such as paying for bar classes/registration and paying a stipend for the attorneys to take the bar (with an agreement that they serve for a certain period of time upon passage).
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Prior to the pandemic, holding eviction proceedings via Zoom was almost unheard of, but it became a common practice in many states during the pandemic. After the pandemic ebbed, many jurisdictions went back to in-person hearings, some kept holding remote hearings, and some used a hybrid model. Remote hearings can be especially helpful in serving rural or distant parts of the state where it can be difficult to recruit attorneys. Of course, only the courts can decide to hold remote hearings, but advocates can inform the courts about how the pipeline problem is depriving tenants of access to justice, which is a concern that can motivate courts.
TIPS AND RESOURCES
The 2021 Illinois Legal Aid Recruitment and Retention Study may be a helpful resource on the issues of both the pipeline and attorney retention.
The Right to Counsel NYC Coalition has developed a list of pipeline development strategies.
Reflection Activity
What are some of the issues your jurisdiction might face as it builds up provider capacity to provide full representation? What do stakeholders in your jurisdiction think about the pipeline problem? What is one way to collaborate with eviction RTC stakeholders to address the problem?
The high turnover problem
In addition to the pipeline problem, there is also the issue of attorney attrition. Eviction RTC attorneys work heavy, crisis-laden caseloads, and often for low pay, and this leads them to stay in these positions for shorter amounts of time. Moreover, word of attorneys being overloaded spreads, which then makes it harder to hire new attorneys.
Like the pipeline problem, there is no easy solution for this issue. However, there are some ideas to help combat attorney attrition:
Reduce caseloads. Reasonable caseloads allow attorneys to invest more in the cases they take on and zealously represent the clients they have. This can lead to greater motivation in and connection to the cases, more attention to systemic issues and patterns, and better outcomes for clients. It is also a demonstration by the organization of commitment to quality representation. As described in Section 2.4, when the eviction RTC campaign launches, legal services providers will be asked to determine how much it will cost. In answering this question, providers can and should make their calculations based on lower caseloads, even if it means the RTC will be more expensive or less broad as a result. But if, after implementation, the caseloads still turn out to be too high, they must be reduced, either by hiring more attorneys or by considering whether the scope of the eviction RTC needs to be scaled back.
Ensure there is sufficient training: All eviction defense attorneys should be fully trained in landlord-tenant substantive and procedural law, as well as how to zealously represent clients experiencing significant crises by utilizing a trauma-informed lens. In Los Angeles, one statewide trainer was hired as a mentor for new housing attorneys and to help develop the curriculum for eviction RTC attorneys (in anticipation of passing eviction RTC).
TIP: The Right to Counsel NYC Coalition has a List of Essential Trainings for RTC Attorneys.
Pull attorneys into the eviction RTC movement; inspire! Eviction RTC attorneys and managers must understand the significance of their work on eviction RTC and their connection to the larger movement. They should know about the broader civil right to counsel, housing justice, and tenant rights movements, and the work being done every day to gain more victories. This means that they should be regularly engaged in training on what a right to counsel means, the nature of the relationship between legal services attorneys and organizers, and the importance of addressing broader issues they identify across individual cases. One great idea is to have tenants and tenant organizers speak to the attorneys about the importance of eviction RTC and what it means to them.
Improve pay. Advocates in civil legal aid have long called for governments to pay attorneys fairly for doing this critical housing justice and racial equity work. We’ve consistently heard that civil legal aid salaries are below those of government attorneys and sometimes even public defenders, meaning people in those positions are unlikely to want to become housing attorneys. Notably, the Legal Services Corporation doesn’t put a limit on what attorneys can be paid with its funding. But there may be issues for providers that seek to pay RTC attorneys more than non-RTC attorneys, particularly if the provider is unionized and there are obligations under a collective bargaining agreement.
Improve benefits. Updating or expanding benefits can be a draw for attorneys. Legal services providers might consider special student loan repayment programs, increased paid time off, and improved health benefits.
The need for legal aid supervisors
Having enough well-trained supervisors is just as important as having well-trained line attorneys. But finding attorneys with experience in eviction defense and experience supervising can be hard to find. Many programs will advance line attorneys to supervisory roles based on seniority, but in eviction RTC this advancement can occur too quickly where the number of new line attorneys increases quickly and puts pressure on the need for supervisors.
Some tips on preparing to have effective supervision:
Have a plan for promoting attorneys to supervisors that is not too aggressive such that the supervisors are not ready to supervise. NYC has developed a Housing Justice Leadership Institute, which was created specifically to “help supervising attorneys lead, manage, and support delivery of the highest-quality legal assistance to tenants facing eviction.” Another program has used “junior supervisors” who only supervise 2-3 attorneys and carry a half caseload.
Recruit from other areas of law. Connecticut has proposed recruiting seasoned attorneys from other practice areas, such as retired public defenders.
Provide supervisor-specific training. NYC has been a leader on this front with the Housing Justice Leadership Institute (run in partnership with New York Law School and the Shriver Center). HJLI’s main goals are to teach hard skills to supervise well; to provide root training in eviction RTC and NYC community activism; to inform trainees with a set of values, including grounding the work in racial justice; and to create a supportive community among supervisors.
The need for legal services support staff
Eviction RTC requires not only attorneys, but also social workers, paralegals, administrative staff, outreach workers, and intake support. Staffing these roles helps relieve pressure on the line attorneys.
Social work staff, paralegal staff, and support staff can be critical to effective advocacy. One lawyer estimated that 40% of the work in an eviction case can wind up being social work. In Philadelphia, the plan has been to hire attorney-paralegal teams. The paralegals are responsible for intake, case workup, and handling issues outside of court as well as administrative hearings, while attorneys primarily handle the in-court advocacy. In addition to paralegals and social work staff, staff members also include peer tenant support leaders that help people navigate eviction court.
Tenant organizing groups
In addition to building legal services provider capacity, jurisdictions that enact eviction RTC need to commit funding for tenant organizing groups to:
assist with continued advocacy throughout implementation;
engage in tenant education and outreach campaigns to raise awareness and increase tenant take-up of legal representation; and
assist with thorough evaluations of the program to ensure it is reaching and helping tenants.
LA County and NYC have funding in place for tenant organizing to support eviction RTC outreach and tenant rights education.
External Partners
In addition to building out capacity within the legal services providers and tenant organizing groups, there needs to be a plan to build out the eviction RTC’s external support network. This includes training on the nature of the eviction RTC program for:
Courts, including messaging that eviction defense attorneys deserve time to prepare just like landlords attorneys.
Other stakeholders that regularly come in contact with tenants. These stakeholders can include government agencies, local public housing authorities, medical providers, schools, shelters for unhoused people, local departments of social services, etc. These stakeholders can help educate tenants on their rights, relieving the pressure on legal services providers to conduct on-the-spot education / training on eviction RTC for tenants who come into contact with them.