Major Areas of Law and Special Projects

HVLP handles most types of civil cases, including family law, consumer issues, landlord/tenant, disability in limited cases, estate planning, probate and guardianship, and tax controversies. We do not handle immigration issues, but work closely with Associated Catholic Charities and the YMCA, which do an excellent job with these cases. Our funding sources restrict HVLP from handling fee generating lawsuits, criminal proceedings and traffic proceedings. The following describes our major areas of law and special projects.

General Family Law

Approximately 81% of HVLP’s requests for assistance are in family law matters, with divorce cases predominating. General family law cases range from simple to complex, and include divorce, child custody and support, modifications of conservatorship and visitation. Some of the simpler cases are referred to attorneys who do not practice family law, but who benefit from our annual Family Law Seminar (6.5 hours of CLE), or Family Law Evening Clinics (1.5 hours of CLE), each of which provide a course manual that provides substantive information and forms. HVLP also matches volunteers with experienced family law mentors upon request.

Children’s Permanency Project

HVLP has a special relationship with the Texas Department of Protective and Regulatory Services (TDPRS) and Children’s Protective Services in Harris County (CPS) in an effort to establish legal relationships between low-income, nonparent relative caregivers and the children in their care, who are oftentimes grandchildren. Following CPS investigations of child abuse or neglect, TDPRS frequently removes these children from their homes and encourages their parents to voluntarily place them with adult relatives. This practice provides a safe placement, keeps the children out of foster care, and is the accepted best practice for children’s’ development. Establishing a legal relationship in these instances enables the caretaker to enroll a child in school, give consent for medical treatment, make application for government benefits including crime victims compensation and Medicaid, and to protect the child/children in cases of birth parents’ instability due to addiction or mental illness.

The AIDS Project

The AIDS Project has been an integral part of HVLP since 1989. Houston is ranked eighth in the nation in documented AIDS cases. Mayor Lee Brown and County Judge Robert Eckels declared a state of emergency in December 1999 in our African American community due to the increasing number of HIV AIDS cases, of which minority women make up the fastest rising demographic group.

The AIDS Project takes a holistic approach to meeting the needs of Persons Living with HIV/AIDS (PLWH), the majority of who are interviewed at community locations where other services are provided such as clinics, AIDS housing units, food pantries, hospitals, hospices, and in the clients’ homes. By collaborating with AIDS service organizations, legal services are part of the community’s continuum of care.

The cases range from bankruptcy, to family law, to estate and incapacity planning, to government benefits, to housing and more. The AIDS Project attorneys also conduct training sessions at social service agencies to educate case managers to be able to identify legal issues and refer clients to HVLP for assistance. AIDS Project attorneys often speak by invitation to various support groups about the legal services available, especially estate planning.

Low-Income Tax Clinic (LITC)

Tax counsel, once considered “rich people’s law”, is now in demand by low-income families because of such issues as the earned income tax credit, which has burdened the controversy and litigation system, and the welfare induced emergence of greater numbers of low-income taxpayers, many of whom are recent immigrants with limited understanding of record keeping and tax obligations.

The IRS addressed this issue with the Internal Revenue Service Restructuring and Reform Act of 1998 that created grant funds for organizations that assist low-income taxpayers. In January 2002, HVLP began to receive funds under the Low-Income Taxpayer Clinic (LITC) grant program. HVLP assists low-income taxpayers who have controversies with the IRS by providing a volunteer attorney to handle the case on a pro bono basis. HVLP also educates Houston’s low-income taxpayers for whom English is a second language about the U.S. tax system and taxpayer’s tax rights and responsibilities.

Bankruptcy Cases

HVLP receives a large number of requests for assistance with bankruptcy cases from applicants who would otherwise be acting as pro se debtors in Federal Court. HVLP works closely with the Houston Bar Association, the Houston Association of Debtors Attorneys and the Houston Bankruptcy Bar Association to match qualified applicants with volunteer attorneys to provide representation in Chapter 7 (liquidation proceeding), Chapter 13 (wage earner plan) and bankruptcy adversary proceedings.

Pro Bono Deed Restrictions Project

In cooperation with the Houston Bar Association Real Estate Law Section, the City of Houston Department of Planning and Development and the City of Houston Legal Department, HVLP provides volunteer attorneys for low income, lower value neighborhoods seeking to modify, renew or establish deed restrictions. In 2004, HVLP assisted four low-income neighborhoods with deed restrictions in order to protect the neighborhoods against unwanted development.

Community Development Project

This program matches nonprofit organizations that serve low-income populations, including community development corporations, with volunteer attorneys to help them with a wide range of legal matters. Although this is generally on a transaction-by-transaction basis, in at least one case, an ongoing general counsel relationship has been developed.

Fulbright and Jaworski LLP and Exxon Mobil Corporation partner in the role of General Counsel for Avenue CDC, a mature Houston community development corporation. Avenue CDC has been assisted with review and drafting of various documents such as limited partnership agreements, policies on rental housing, confidentiality agreements, non-compete agreements, and corporate separateness issues. Avenue CDC benefits from using Exxon Mobil and Fulbright as its corporate counsel because it obtains quality and timely legal assistance at no cost. Exxon Mobil and Fulbright benefit because it involves their transactional attorneys in pro bono legal work that positively impacts low-income Harris County residents.

Will-A-Thon (s)

The Annual Will-a-Thon started in 1998 and is a collaborative project of the Elder Law Committee of the Houston Bar Association and HVLP. Seniors with incomes up to 175% of the Poverty Guidelines are eligible for participation. A simple Will, Medical Power of Attorney, Declaration of Guardian in the Event of Later Incompetence, and Physicians Directive are drafted and executed for each participant. A staff attorney from HVLP provides orientation for volunteer attorneys who conduct intake at the Houston Bar Association prior to the event.

HVLP is encouraging social service organizations to sponsor will clinics by recruiting the low-income seniors and providing a convenient location. As traveling is so often a barrier to services, HVLP is continuing to offer outreach service in the community.

Legal Advice Clinics

HVLP offers monthly legal advice clinics at different community centers on the first Saturday of the month from 9:30am-11:30pm. Volunteer attorneys specializing in various areas of law offer legal advice and counsel to qualified applicants. The primary areas include family law, consumer issues, landlord tenant, probate and bankruptcy. Referrals to organizations (e.g. Houston Lawyer Referral Service, HVLP, DRO) are made as appropriate. Clinics rotate between the West End Multi-Service Center, the Bayland Community Center, Kashmere Multi-Service Center and the Ripley House. Other locations based on need are under review.

Outreach

HVLP conducts interviews and qualifies applicants in the community. Services are coordinated with Lone Star Legal Aid to avoid any duplication of efforts. We visit the Community Family Center on a monthly basis.

Courthouse Information Booth

HVLP operates an information booth in the basement of the Harris County Family Law Center on weekdays from 9:00a.m. to 3:00pm. Staffed by a HVLP family law attorney and an HVLP bilingual intake specialist, pro se litigants receive information regarding their pleadings and the court processes.