Wisconsin Judicare's
Participating Attorney Handbook
II. In Brief How the Judicare System Works
IV. Financial Eligibility for Judicare Services
VII. Wisconsin Judicare, Inc. Case Acceptance Schedule
VIII. Cases Not Covered By Judicare
XI. Assistance to Private Attorneys
XIII. Change of Attorney During Case
XIV. Additional Billings to Judicare Clients Not Permitted
XV. Compliance with Americans with Disabilities Act (ADA)
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I.
INTRODUCTION
Since June 1, 1966, Wisconsin Judicare has been providing free legal services to low income clients in northern Wisconsin.
From the beginning, Wisconsin Judicare has primarily relied on attorneys in private practice to represent clients for reduced fees. This compensated pro bono delivery system known as Judicare has proven to be an effective and economical method of providing legal services to low income clients. Through the cooperative efforts of private attorneys, staff attorneys, tribal court lay advocates and volunteer organizations that help with intake procedures, thousands of low income clients receive legal services each year.
In the calendar year 2004, Judicare served approximately 3,025 eligible low-income clients. (Judicare served approximately 3,293 individuals in 2003, up from 2,212 in 2002). Case coverage has been determined by a combination of 1. Priority surveys of eligible clients, PAI attorneys, and Card-Issuing agencies; 2. Board review; and 3. Resources. Before a client may be provided with legal services under the Judicare program, a determination must be made whether the person is financially eligible for services. Fianacial eligibility guidelines establish a maximum income level for eligibility, a maximum asset level for liquid assets, and a maximum level for other assets. The determination of whether or not a person is financially eligible for Judicare is determined at the Judicare office either in person, via mail or over the phone. The determination may also be made by a Card-Issuing agency, located in one of the 33 counties served by Judicare. A person deemed eligible for services is then issued a Judicare Card. This is evidence of the person's financial eligibility, but is not a guarantee that the program will cover any particular legal problem she has.
This Handbook is intended to provide answers about Wisconsin Judicare's procedures and policies for the attorneys and tribal court lay advocates who participate in the program. General information about Wisconsin Judicare and the history of the program is included in the Handbook to answer questions that we receive from people who participate in the program. Attorneys and tribal court lay advocates handling Judicare cases are required to comply with the policies and procedures outlined in this Handbook.
A three-ring binder is being provided to new participating attorneys and tribal court lay advocates along with the Handbook. This format is designed to easily accommodate future changes in policies and procedures.
In the legislation approving funding for the Legal Services Corporation (LSC) for 2005, Congress has reiterated restrictions and requirements for legal services programs like Wisconsin Judicare which receive grants from LSC. Restrictions on the types of cases and activities Wisconsin Judicare can be involved in now apply to cases and activities funded with LSC and non-LSC funds with the only exception being activities supported by tribal funds.
Changes in federal regulations and funding levels have made changes in Wisconsin Judicare's priorities and policies inevitable. Yet, despite reduced funding and additional restrictions, Wisconsin Judicare continues to represent low income clients and to focus its limited resources on the most urgent legal needs of eligible clients.
We have added three new sections to the Handbook. The first section is found at Section XV and describes Wisconsin Judicare's Compliance With Americans With Disabilities Act (ADA). The Lay Advocate Supplement describes the unique features applicable to lay advocates seeking Judicare coverage for cases brought in the tribal courts. (Attorneys are, of course, eligible to take tribal court cases, too, under the regular Handbook guidelines.) The Ho-Chunk Supplement describes the terms governing a process whereby Judicare will cover cases on behalf of Ho-Chunk tribal members living outside Judicare's service area but within Wisconsin. This additional service is made possible by funding from the Ho-Chunk Nation.
The following table includes the most recent adoptions and updates for Judicare policies and procedures not found elsewhere in this handbook.
| Drug, Narcotic, and Alcohol Policy Adopted June 18, 2004 |
EEO Policy Last Updated February 26, 2004 |
Dispute Resolution Procedure Last Updated February 20, 2004 |
LEP Policy Last Updated February 26, 2004 |
|---|
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II.
IN BRIEF HOW THE JUDICARE SYSTEM WORKS
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III.
HISTORY AND ORGANIZATION
The Wisconsin State Bar Association organized Wisconsin Judicare in 1966 as a program funded by the Office of Economic Opportunity to provide legal services to low income persons. State Bar President Donald O'Melia and State Bar Executive Director Philip Habermann convinced officials in Washington to approve an experimental program that would pay private attorneys to provide free legal services to low income persons. Habermann coined the word "Judicare" as a name for the program. Judicare's office opened in Madison, Wisconsin, on June 1, 1966, to serve low income people in 26 northern Wisconsin counties.
The State Bar of Wisconsin was the grantee for the program from 1966 to 1972 when the program incorporated as Wisconsin Judicare, Inc., a nonprofit corporation. Judicare continued with funding from the Office of Economic Opportunity until 1976 when Congress established the Legal Services Corporation. Since that time the Legal Services Corporation has provided Wisconsin Judicare's primary funding.
A director, an attorney, and one secretary staffed Judicare's first office located in Madison. The program served counties located in northern Wisconsin. In 1972 the program moved its central office to Wausau where it remains today. The area served by the program has expanded so that Wisconsin Judicare now serves 33 northern counties.
From its inception, Wisconsin Judicare emphasized utilization of the private bar to represent low income persons and provide eligible clients the freedom to choose their attorneys. The bylaws express these program purposes:
The purposes of Wisconsin Judicare are to give the underprivileged person as equal an opportunity in civil litigation and other civil legal matters as the privileged person while maintaining the dignity of the people involved, both lawyer and client. To provide the underprivileged client with the same freedom to choose his or her own attorney as any other person and so to maintain his or her individuality. To assure the underprivileged client that he or she will receive high quality legal services. To inform and educate the residents of the Judicare area of their legal rights and responsibilities through a variety of appropriate projects and media. To provide the members of the bar with up-to-date information on legal theories, research and new decisions particularly applicable to the underprivileged client.
Simply stated the program operates as follows. Eligible persons are issued a Judicare card. When they have a legal problem, they take their card to a local attorney to discuss their problem. The lawyer then contacts the Judicare office. If Judicare approves the case, the local lawyer does the work for the client and Judicare pays the lawyer's fee.
From the beginning Wisconsin Judicare recognized a special commitment to serving Wisconsin Indians and Indian tribes. Wisconsin Judicare has played an active role in many major Wisconsin cases concerning tribal sovereignty and treaty rights issues in the last 30 years. Since 1980 Wisconsin Judicare has received a separate grant from the Legal Services Corporation to provide legal services to Native Americans.
Today, Wisconsin Judicare has one Executive Director, three Civil Unit Staff Attorneys, one Indian Law Office Director, and one Indian Law Office Staff Attorney. The attorneys are organized in a Civil Unit and an Indian Law Office. The program has one office in Wausau and relies primarily on private attorneys to represent eligible clients. Wisconsin Judicare conducts weekly outreaches in Marathon County and South Wood County. Wisconsin Judicare also houses two volunteer lawyer projects that operate monthly: "Legal Grounds Wisconsin®" and "Wednesday Night Law Talk."
As a nonprofit corporation, Wisconsin Judicare is governed by a Board of Directors. Thirteen members of the 21-member Board are attorneys (two of which are Judges). They are appointed by local bar associations and one Board member is appointed by the State Bar President. Seven members of the Board are persons who at the time of their appointment to the Board were eligible for Judicare services. In addition, one board member is a representative appointed by the Great Lakes Inter-Tribal Council.
Wisconsin Judicare receives funding primarily from the Legal Services Corporation. For the calendar year 2005, Judicare will receive a basic field grant of approximately $841,908 and a basic field Native American grant of $141,556 from the Legal Services Corporation.
In addition, for 2005, Wisconsin Judicare received $80,000 from the Wisconsin Trust Account Foundation (WisTAF). The Wisconsin Department of Health and Social Services Division of Community Services also awarded Judicare a grant of $52,900 to provide outreach on health care issues and income maintenance to Native American elders and training for tribal benefit specialists in 2005. Judicare has been a recipient of this elder outreach grant since 1993. Wisconsin Judicare has been awarded US Department of Justice grants (Violence Against Women Act Grant and Bureau of Justice Affairs Grant). Judicare also receives continued community support, in the form of a United Way of Marathon County grant and United Way of South Wood County Grant. Recently, Judicare has been awarded an Otto Bremer Foundation grant.
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IV.
FINANCIAL ELIGIBILITY
FOR JUDICARE SERVICES
Before a client may be provided with legal services under the Judicare program, a determination must be made whether the person is financially eligible for services. A person who has been determined to be eligible for services from Wisconsin Judicare is issued a Judicare card. This is evidence of the person's financial eligibility but is not a guarantee that any particular legal problem s/he has will be covered by the program. Generally, attorneys are not involved in the process of determining client's financial eligibility. The following information regarding financial eligibility is provided to answer questions frequently asked by attorneys and to provide guidance to attorneys who may wish to advise low income persons that they should apply for Judicare services.
The determination of whether or not a person is financially eligible for Judicare services may be made by a card-issuing agency. Agencies are located in each of the 33 counties served by Wisconsin Judicare. Generally, these offices are a department of social services office, a community action program, a tribal office, or another agency. Applications also may be received from the Wisconsin Judicare office and returned by mail. In emergencies applications are taken over the phone by the staff of Wisconsin Judicare. Whenever a client is determined to be financially eligible for services a Judicare card is issued to the client. The card remains effective for one year but may be renewed by again establishing financial eligibility. The client must inform the Judicare office of any change in financial circumstances. Appendix A - Financial Eligibility Application.
Whenever an attorney applies for coverage of a case for a Judicare client, eligibility is reviewed by the Wausau office. After it is determined that the client's eligibility was correctly determined, the Judicare office will determine whether the attorney's request for coverage will be approved. JUST BECAUSE A CLIENT HAS A CARD DOES NOT MEAN A CASE IS AUTOMATICALLY COVERED.
The guidelines for client eligibility to receive legal services from Wisconsin Judicare, Inc. are adopted by the Board of Directors of Wisconsin Judicare subject to the approval of the Legal Services Corporation. These guidelines prescribe the criteria which are to be used to determine client eligibility for Judicare services. In conjunction with the Wisconsin Judicare priorities plan, they are designed to ensure that preference will be given to the legal needs of those least able to obtain legal assistance and that the limited resources of Wisconsin Judicare are equitably and rationally directed toward meeting those legal needs. Financial eligibility guidelines establish a maximum income level for eligibility, a maximum asset level for liquid assets, and a maximum level for other assets. The income and asset levels are reviewed annually by Wisconsin Judicare's Board of Directors. The following income and asset guidelines went into effect on May 1, 2005:
Maximum Income Levels
A. In order for an applicant to be issued a Judicare card, the person's gross family income shall not exceed the following maximum income levels.
125% of Poverty Guidelines B. Determining "Family" Size.
a. The applicant; and a. The applicant; and Exceptions may be granted for minors if: (1) money is not available to the minor applicant; or (2) the legal problem is against the people with whom the minor lives.
* An emancipated minor (e.g., a minor who is married; or a minor who is single and living with non-"parents" as defined in 2-b above) is treated as an adult applicant.
C. Definitions.
D. Waiver Of Maximum Income Levels.
The Executive Director of Wisconsin Judicare, Inc., or his or her designee, shall have the authority to waive the maximum income and asset levels for applicants in limited circumstances allowed by Legal Services Corporation regulations. A client who exceeds either the maximum income level or asset levels may request a waiver of the maximum income or asset level by applying directly to the Executive Director of Wisconsin Judicare.
Asset Limits
In order for an applicant to be financially eligible, the total assets of persons who are resident members of the applicant's family unit may not exceed the following maximums:
A. Equity In Liquid Assets.
The total equity of liquid assets may not exceed $1,500, regardless of family size. Liquid assets include savings accounts, checking accounts, cash on hand, certificates of deposit, stocks and/or bonds, cash surrender value of life insurance or pensions, and any other liquid asset.
B. Equity In All Assets. (Liquid and Fixed).
The total equity of all assets (liquid and fixed) may not exceed $4,000 for a family of one. The $4,000 limit may be increased by $500 for each additional family member. Fixed assets shall include automobiles, trucks, other vehicles, real estate other than homestead property, personal property, and any other fixed assets. Fixed assets shall not include the reasonable equity value in work-related equipment which is essential to the employment or self-employment of an applicant or member of a family unit provided the owner is attempting to produce income consistent with its fair market value.
C. Access To Assets.
In determining the reasonable equity value of liquid and fixed assets, impediments to an individual's access to the assets of the family unit or household shall be taken into consideration.
D. Waiver Of Asset Limits.
The Executive Director of Wisconsin Judicare, Inc., or his or her designee, shall have authority to waive the ceilings on maximum allowable assets in unusual or extremely meritorious situations.
Decisions on granting exceptions to the asset limits shall give special consideration to the legal needs of the elderly, institutionalized and handicapped persons, recognizing the special access needs of elderly and institutionalized persons.
E. Change In Circumstances. If an eligible client becomes ineligible through a change in circumstances, Wisconsin Judicare shall discontinue representation if the change in circumstances is sufficiently likely to continue for the client to afford private legal assistance, and discontinuation is not inconsistent with the attorney's professional responsibilities.
F. Citizenship Status. In addition to meeting the above financial criteria, applicants must certify that they are United States citizens. Certain groups of aliens are also eligible for legal services. Aliens must present evidence of their alien status for a determination of their eligibility.
G. Limited Authorization for Disclosure of Confidential Information to Federal Auditors or Monitors. On April 26, 1996, Public Law No. 104-134 was enacted and affects the operation of all federally-funded legal services programs like Wisconsin Judicare. The legislation includes limitations on client confidentiality. While the attorney-client privilege is still recognized, Wisconsin Judicare is now required to make available financial records, retainer agreements, client trust funds, and eligibility records and client names to LSC and any federal agency or independent auditor auditing or monitoring the activities of Wisconsin Judicare. Judicare's financial eligibility application has been revised to give appropriate notice of the Limited Authorization for Disclosure of Confidential Information to Federal Auditors or Monitors to clients and applicants for services.
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V.
CASE APPROVAL PROCEDURES
A. Selection Of Attorneys.
After a client has been issued a Judicare card the client may select any attorney willing to participate in the Judicare program to represent them on their legal matter. When a client requests assistance in locating an attorney, the client is provided with a list of Judicare participating attorneys in the client's county of residence. Normally, the client is required to see an attorney in her or his own county or in an adjacent county. This is to reduce travel expenses that may be incurred if the client seeks an attorney in a distant county. An attorney who participates in the Judicare program is free to exercise his or her discretion and accept or reject any particular client or case.
B. Case Approval Procedures.
At the initial conference with the Judicare client, the attorney should first request the client's Judicare card and write down the client's Judicare number and the expiration date of the card, along with client's name, address, etc. If the client's problem is one that can be resolved by consultation and advice, the attorney should complete the top portion of the Authorization to Proceed Form, indicate that there will be no further action, and submit the form to the Wisconsin Judicare office in Wausau. The attorney will be paid $25 for the initial consultation.
Where the client's case is one that requires additional representation, approval of coverage of the case must be obtained from the Wisconsin Judicare office in Wausau before the attorney begins any work for the client. This is accomplished by completing the top portion of the Authorization to Proceed Form and submitting the form to the Judicare office. Appendix B. In filling out the information on the form, it is very important to provide a description of the case. This is the only information that the Judicare staff has when a decision is made on whether or not the case will be covered. The description of the case should be complete enough for the staff to make a decision. If additional information is needed, a letter should be attached to the authorization form to explain the nature of the case. If the attorney is of the opinion that there is no merit to the client's case, either because of the facts or because of the law, that should be indicated on the form as well. The Judicare staff relies on the participating attorney to make a decision that the client's matter is meritorious and that Judicare coverage would be appropriate.
C. Statement of Facts.
Federal law enacted in 1996 requires that, before an attorney paid by Wisconsin Judicare may file a complaint or begin negotiations on behalf of a client, the client must sign a written statement setting forth the facts that form the basis of the cause of action.
The Statement of Facts is necessary only for plaintiff litigation matters. A Statement of Facts is not necessary for nonlitigation matters or if the client is a defendant in an action. Since the disclosure requirement raises questions of disclosing client names and confidences, attorneys will need to advise clients of the consequences of signing the statements and have clients waive their right to have the statement kept confidential.
The Statement of Facts must be written in a language that the client understands. Therefore, if the assistance of translators is necessary, Wisconsin Judicare should be contacted.
Attorneys representing plaintiffs may wish to have the Statement of Facts signed at the initial interview and submit it with the request for Authorization to Proceed Form. If requests for Authorization to Proceed are received without the Statement of Facts, a tentative decision will be made whether the case would be approved and the attorney notified that the case will be approved upon the receipt of the signed Statement of Facts. Appendix C.
NOTE: Prior approval of all cases must be obtained. Failure to obtain prior approval will result in disallowance of fees.
D. Retainer Agreements.
On the reverse side of the top portion of the Authorization to Proceed Form is a retainer agreement. The attorney should be sure that the client reads the retainer agreement and signs on the front side of the Authorization to Proceed Form that the client has read and agrees to the retainer agreement. The attorney is also required to sign the retainer agreement. The agreement must be signed as this is a requirement of the Legal Services Corporation which provides the funding for Wisconsin Judicare.
After the Authorization to Proceed Form has been completed and the retainer agreement signed, it should be submitted to the Wisconsin Judicare office. Both the attorney and the client will receive a copy of the top portion of the form indicating whether or not the case has been approved for further action. If the case is approved, the attorney should represent the client in the matter described on the Authorization to Proceed Form, and, when the case is completed, submit his/her final billing.
E. Additional Legal Problems.
If during the course of representation of a client it appears the client has a separate additional legal problem, a separate Authorization to Proceed Form should be submitted for the new matter.
F. Emergency Approvals.
In emergency situations where a Judicare client sees an attorney and action must be taken immediately, the attorney should call the Wisconsin Judicare office and request to talk to the Office Manager. In emergency situations verbal approval for the matter will be provided by the Judicare office.
G. Client Appeals Of Denial Of Coverage.
When the coverage of a particular case has been denied, the Judicare client has a right to appeal the decision and request that the Executive Director or his or her designee review the matter and determine whether denial of coverage of the case was appropriate. In some instances where the client or the attorney provides additional information regarding the case and from the additional information it appears that coverage of the case is appropriate, the decision may be reversed and the client's case may be approved. The procedures for appealing a denial of legal assistance are described on the reverse side of the application for Judicare services.
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VI.
CASE COVERAGE POLICIES
Wisconsin Judicare strives to provide legal services to eligible clients in as many types of civil legal matters as possible. Each year the private attorneys participating in the Judicare program provide representation to clients in a wide range of legal matters. The category of family law cases is by far the largest single type of cases handled under the Wisconsin Judicare program. Such cases constitute nearly 50% of cases approved. Other categories are representation in consumer finance matters, income maintenance matters, and housing.
There are limitations upon the types of cases which Wisconsin Judicare may cover. Some restrictions are imposed by federal regulations. The limited financial resources of the program also limit the number of cases that can be approved. The large volume of cases that are approved for coverage necessitate constant monitoring of the projected expense for these cases to ensure that adequate resources will be available at the time that the cases are completed so that attorneys can be paid in a timely fashion. This necessitates some adjustments in the Case Acceptance Schedule so that an appropriate caseload is maintained. It is important that attorneys complete the Authorization to Proceed Form supplying as much information as possible about the case and submit it to Wisconsin Judicare for all cases.
While our goal is to have as stable and unchanging a Case Acceptance Schedule as possible, the fiscal integrity of the program takes priority. By managing the acceptance of cases and the total caseload of the program, Wisconsin Judicare has avoided long delays in paying attorneys' bills.
A. Family Law Cases.
Because of the high demand for coverage of family law cases, special requirements must be met before family law cases will be covered. For divorces, separations, annulments, and custody cases a separate intake sheet must be completed and submitted along with the Authorization to Proceed Form. This form provides information which the Judicare staff will use to determine whether or not the case will be approved. See forms in Appendices D and E.
Before a divorce, separation, annulment, or custody case will be covered, there must be:
These requirements apply to both petitioners and respondents. Judicare will not cover both sides of these family law cases.
Specific guidelines for individual types of family law cases are found in the following Case Acceptance Schedule.
B. Reconciliations.
Because of the large demand for representation in divorce cases and the lack of resources to meet this need, Judicare will not give approval for coverage to begin a divorce case where the client has a history of beginning divorce cases only to reconcile.
When a Judicare client wants to commence a divorce action after there has been a reconciliation of a divorce action covered by Wisconsin Judicare, the Judicare office will review the case to determine if approval is appropriate. Generally, representation will not be approved if the client has reconciled within one year of the current coverage request.
C. Appeals Coverage Policy.
Wisconsin Judicare will approve coverage for cases being appealed to the Wisconsin Supreme Court or Court of Appeals in limited circumstances. Each request for approval of an appellate case must be reviewed by the Executive Director. Preference will be given to cases which would affect the rights of low income clients as a group.
The criteria used to determine whether an appellate case will be approved are:
Separate authorization must be obtained for appeal of administrative decisions under Wis. Stat. §§227.16, 68.13, or 108.09(7), and other appeals from administrative decisions, such as review of Social Security decisions in the United States District Court. Attorneys seeking separate authorization for an appeal of an administrative decision or from a circuit court order/judgment should submit a copy of the underlying decision or order/judgment in the request for authorization as well as a signed Statement of Facts referred to in Section V-C.
D. Out Of State Actions.
If the appropriate venue or jurisdiction for a client's case is outside the area served by Wisconsin Judicare, the Judicare office should be contacted. Sometimes legal services programs located where the services must be provided may be available to handle the matter. This applies to areas both in and outside Wisconsin.
If a legal services program is not available to assist the client, Judicare will assist the attorney in locating private counsel in the area if appropriate.
E. Group Representation.
In some situations approval will be given to participating attorneys to represent client groups. Only groups that meet the following requirements will be considered.
F. Conflicts.
Wisconsin Judicare will not authorize attorneys to represent opposing parties in an action. Even though private attorneys are providing the representation to opposing parties, because of Wisconsin Judicare's responsibilities to clients to maintain confidences, to provide a grievance procedure and make administrative decisions that could impact a client's case, the general rule is that Judicare approval will be given to only one party to an action. The first party to apply for coverage will have the request processed, but subsequent requests from opposing parties will be denied.
G. Policy on Tribal Sovereignty and Jurisdiction.
Due to Judicare's history of representation of Indian tribes, our involvement with tribal court development, and an express policy approved by our Board of Directors, Judicare cannot provide case coverage for cases that challenge the sovereignty or jurisdiction of Indian tribes. We may, however, cover cases in the tribal courts seeking enforcement of a tribe's laws for the benefit of individuals.
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VII.
WISCONSIN JUDICARE, INC. The following is a simplified guideline to the types of cases which may or may not be covered by Judicare. It is not intended to be used as a hard and fast rule. Exceptional circumstances will be taken into consideration. Click on the following link to see updated Judicare Priorities and Case Acceptance Schedule. It is introduced with a recent memo to all current participating attorneys.
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VIII.
CASES NOT COVERED BY JUDICARE
In the legislation approving funding for the Legal Services Corporation (LSC) for 1996, Congress included several new restrictions for legal services programs like Wisconsin Judicare receiving grants from LSC. Restrictions on types of cases and activities now apply to activities funded with both federal and nonfederal funds with the only exception being activities supported by tribal funds and expending them in accordance with the specific purpose for which the tribal funds were provided. New prohibited activities include:
a. If after a case has been accepted for representation and litigation on behalf of the client is pending, it is learned that the client has been incarcerated, approval of continuing representation must be obtained from the Executive Director or his or her designee. Approval should be sought by completing the form found at Appendix F and submitting the completed form to the Judicare office.
a. For purposes of this policy "federal or state welfare system" means the federal and state AFDC program under Title IV-A of the Social Security Act and the newly enacted Temporary Assistance for Needy Families Block Grant (TANF), and includes state AFDC or TANF programs conducted under federal waiver authority, the General Assistance program conducted with state funding under state mandates, and new programs or provisions enacted to replace or modify these programs. This term does not include child support or other public benefits programs (Food Stamps, SSI, Foster Care, Adoption Assistance, etc.) unless changes to such programs are included as an integral part of a reform of the state AFDC or General Assistance program.
b. This restriction does not preclude representation of individual clients who are seeking specific relief from a welfare agency so long as such representation does not challenge an existing federal or state welfare reform statute.
a. Exception: Fees may be collected: (1) in cases filed prior to April 26, 1996, except that the prohibition shall apply to any additional claim for the client made in a case pending on April 26, 1996; (2) in cases to which a court appoints a staff attorney of Wisconsin Judicare to provide representation in a case pursuant to a statute or a court rule or practice equally applicable to all attorneys in the jurisdiction, and in which a Wisconsin Judicare staff attorney receives compensation under the same terms and conditions as are applied generally to attorneys practicing in the court in which the appointment is made; (3) as sanctions imposed by a court for violations of court rules, including Rule 11 or discovery rules of the Federal Rules of Civil Procedure, or similar state court rules; (4) as reimbursement of costs and expenses from an opposing party; or (5) reimbursement of costs and expenses from a client when a case results in a recovery of damages or statutory benefits if the client has agreed in writing to reimburse the program for such costs and expenses out of such recovery.
b. Pursuant to the ethical standards applicable to all attorneys who are licensed to practice law in Wisconsin, this policy does not require a prospective client to waive a statutory right to attorneys' fees as a condition of representation. In any case in which there is the potential right to claim an attorneys' fee, the client must be advised that Wisconsin Judicare, Inc. is prohibited by federal law from claiming or collecting and retaining for itself attorneys' fees that may be awarded by a court as part of the judicially determined remedy, and further advised of the potentially adverse impact of this restriction on the program's ability to resolve the matter through a negotiated settlement.
Cases that Wisconsin Judicare has not covered in the past and continues not to cover include:
In cases where the recovery expected is less than $1,000, the attorney must indicate that the matter cannot be taken on a contingency basis and submit an estimate of fees for approval.
Fee-generating cases will be covered only in situations where other adequate representation is unavailable. If the client produces letters from two private attorneys indicating that they will not take the matter on a contingency basis, the matter will not be considered fee-generating and may be covered by Wisconsin Judicare.
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IX.
FEES
NO FEES MAY BE COLLECTED FROM A CLIENT FOR A CASE APPROVED BY WISCONSIN JUDICARE.
The following fee schedule is in effect for cases with an initial conference date on or after August 1, 2002. Cases approved before that date will be paid at the previous hourly rate in existence at the time of the initial conference for the case.
A. Hourly Rate.
The hourly rate for all cases is $45 per hour up to the maximum per case. Attorneys are expected to keep accurate records of their time and report the same when requesting payment.
B. Divorce. (subject to prevailing limitations on divorce case intake).
Completed cases will be paid at the hourly rate up to the maximum amount. The hourly rate will be applied in case of a reconciliation up to the maximum amount.
A copy of the judgment along with the request for final payment is required in all divorce cases.
Clerk's filing fees will not be paid. Wis. Stat. §814.29(1) provides a procedure for obtaining a waiver of fees. If the attorney encounters difficulty in obtaining a waiver, the Judicare office should be contacted.
C. Domestic Abuse Restraining Orders are paid at the hourly rate up to a maximum of $280.
D. Bankruptcy cases will be paid for at an hourly rate up to $450.
E. SSI or Social Security Cases.
In any Social Security Disability case approved by Wisconsin Judicare, the attorney must seek attorney fees from this office and waive the right to collect attorney fees from retroactive SSI or Title II benefits. This waiver of attorney's fees from the client's retroactive benefit amount must be done regardless of whether the client is successful or not. The waiver of fees section of Form SSA-1696 (Appointment of Representative) must be completed and filed with the Social Security Administration. Wisconsin Judicare also requires that, in cases where the client is not to be billed any costs as well as fees, the attorney submit the Social Security billing attachment to Wisconsin Judicare when submitting the request for final payment. A copy of the Social Security billing attachment is in Appendix G.
In cases where the client is to be billed for costs, i.e., second medical opinion, vocational expert, work assessment, attorney fees must be approved by the Office of Hearings and Appeals before Wisconsin Judicare can make final payment.
F. Initial Conferences.
Attorneys will be paid for initial conferences where no further action is required at the rate of $25.
G. Fee Limitations.
H. Waivers.
The maximum fee may be waived up to $1,350 by the Judicare office (the Director and two Staff Attorneys) upon a showing of good cause on a case-by-case basis. Due to budgetary constraints, waivers will be granted only in extraordinary cases. Reimbursement of attorney's fees for any case will not exceed the maximum fee, unless the limit is waived by the Judicare office before the maximum level is passed. No payment over the maximum fee may be made without such advance approval. If an attorney's request for payment is fully or partially denied by the Judicare office, or if a request for waiver of the case limitation is denied, the attorney may appeal to the Judicare Board of Directors. All decisions of the Judicare Board shall be final and binding on the parties concerned.
The $1,350 case limitation may be waived by the Board of Directors upon a showing of good cause on a case-by-case basis. Such a request should be made at the conclusion of the case.
FEE WAIVER REQUESTS REQUIRE THE FOLLOWING SUBMISSIONS:
I. Request For Final Payment.
Requests for final payment should be submitted as soon as possible after completion of the case. Incomplete forms will be returned and payment will be delayed until the form is complete. Appendix H.
The Judicare Board requests that attorneys make a determined effort to exhaust all resources for the payment of normal costs and expenses before billing Judicare for the same. This includes the use of in forma pauperis proceedings. Appendix I. See Wis. Stat. §814.29(1). Also see Section X of this Handbook on costs.
Attorneys must submit the request for final payment within sixty days after closing the case.
Final Judgments must accompany the requests for final payment in divorce cases. Attorneys are encouraged to submit copies of the Administrative Hearing decision and Notice of Award with their requests for final payment in Social Security cases and the hearing decision in public benefit cases as available. Final payments for Social Security Disability cases will not be held up because of the absence of the Administrative Hearing decision and Notice of Award. However, attorneys are encouraged to submit them to the Judicare office when available. In bankruptcy cases, the Order of Discharge is requested as well.
J. Disputed Fees and Limitations.
If an attorney's request for payment is fully or partially denied by the Judicare office, or if a request for a waiver of the limitation is denied, the attorney may appeal to the Judicare Board of Directors. All decisions of the Judicare Board will be final and binding on the parties concerned.
In instances where an attorney requests payment for an unusually high number of hours for the particular services rendered and does not provide supporting information to explain why additional time was needed, the following procedure is to be used:
K. Auditing Surveys.
Each year after the close of Wisconsin Judicare's fiscal year an independent auditing firm mails an audit confirmation letter to attorneys who have pending Judicare cases. It is important that the attorneys complete and return the requested information.
In addition, at the request of the auditing firm at least five percent of program clients are surveyed for verification of services performed.
L. Billing Paralegal Time.
Time billed for work performed by paralegal personnel will be paid at the rate of $20 per hour, not the attorney rate of $45 per hour. The combined total of attorney and paralegal fees may not exceed the maximum fee per case. Paralegal time must be itemized along with attorney time.
Normal secretarial tasks are included in overhead and will not be compensated at paralegal rates.
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X.
COSTS AND DISBURSEMENTS
A. Judicare Will Not Pay:
Filing and service fees. Wis. Stat. §814.29 provides a procedure for obtaining a waiver of such fees and costs for clients represented through a legal services program like Wisconsin Judicare. (A sample Petition for Waiver of Costs and Fees is found in Handbook Appendix I-1.) Costs not waived by the courts are the responsibility of the clients.
B. Judicare Will Pay:
C. Other Costs And Disbursements That Judicare May Pay.
Judicare will not pay any other expenses necessary to litigation, unless approval has been obtained from the central office before the expenses have been incurred. However, before approval will be granted, the central office will request that the attorney:
D. Attorneys May Not Bill A Judicare Client For The Differences In The Attorney Fee That Judicare Will Pay On A Given Case And The Fee That A Non-Judicare Client Would Be Charged For The Same Legal Services.
This prohibition, however, relates to fees and does not apply to disbursements. Therefore, attorneys may bill Judicare clients for those disbursements not paid by Judicare or waived by the court.
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XI.
ASSISTANCE TO PRIVATE ATTORNEYS
A. Seminars.
Periodically, Wisconsin Judicare sponsors continuing legal education seminars. Attorneys who participate on the Judicare panel may attend these seminars for a $30 registration fee.
In the recent past, Judicare has presented seminars approved for continuing legal education on Social Security and SSI Law, Consumer Law and Chapter 7 Bankruptcy, Representing the Indigent Client in Divorce, Rights of the Disabled, Indian Child Welfare Act, Issues in Indian Law, and Rights of Tenants.
Suggestions for topics of future seminars are welcome. The seminars are usually presented in three locations within the Judicare service area.
Manuals are prepared for the seminars and, subject to availability, will be furnished upon request for $30 to participating attorneys who are unable to attend the seminars.
B. Newsletters.
Wisconsin Judicare publishes a newsletter to inform participating attorneys of changes in laws affecting low income persons as well as changes in Judicare policies and procedures.
C. Staff Attorney Assistance.
Staff attorneys in the Judicare central office concentrate in several areas often encountered by Judicare clients. If an attorney desires to discuss a case or request assistance from the staff, the attorney should check Box 5(c) on the Authorization to Proceed Form requesting assistance or call the Judicare office. Assistance may be available in many areas, including but not limited to the following: AFDC, Consumer matters, County Relief, Medical Assistance, Social Security, SSI, Truth in Lending violations, Uniform Child Custody Jurisdiction Act matters, Indian law, and Spouse Abuse.
D. Malpractice Insurance.
Wisconsin Judicare's professional liability insurance policy provides for secondary coverage for claims against private attorneys handling cases approved by Wisconsin Judicare. This applies to both Judicare and pro bono cases approved by Judicare.
Wisconsin Judicare's professional liability insurance policy has a $1,000 deductible. If a claim is brought against a Judicare participating attorney and the attorney looks to Judicare for insurance coverage to defend the claim, the participating attorney is responsible for paying the insurance policy deductible amount unless the court finds no liability or that the claim was frivolous. In that event, Wisconsin Judicare will be responsible for paying the insurance policy deductible amount.
If an attorney receives notice of a possible legal action for a case covered by Wisconsin Judicare, s/he MUST notify the Judicare office immediately so that notice can be provided to the insurance carrier. Notice of possible legal action includes any notification that a legal action will be taken including a letter or telephone call, personal conversation, or knowledge of a potential situation that may give rise to a claim. Notice of possible legal action is not limited to a Summons and Complaint being received by the attorney's office.
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XII.
COMPLAINT PROCEDURES
A. The Legal Services Corporation requires that recipients be accountable to the clients they serve. This means the services provided by the Wisconsin Judicare staff attorneys or participating attorneys for Judicare clients. Consequently, the Wisconsin Judicare Board of Directors has adopted the policy which is printed on the reverse side of the client's copy of the Judicare application, which states:
Procedure for complaints about services provided. A person having a complaint about the manner or quality of legal services provided will be referred to and considered by the Program Director or his or her designee. If the Director is unable to resolve the matter, the complaint may be presented orally or in writing to the Grievance Committee established by the Wisconsin Judicare Board of Directors. A person who has a complaint may be accompanied by another person. Upon request Wisconsin Judicare shall transcribe a brief statement dictated by the complainant. A file will be maintained relative to the complaints and the disposition thereof. Complaints are to be completed on the client complaint form and then submitted to Wisconsin Judicare to be reviewed. Client complaints are reviewed by staff attorneys first.
B. Non-Judicare Cases.
The policy in paragraph A above applies only to cases approved by the Wisconsin Judicare central office. In all other cases, the Judicare office will not process complaints. Therefore, the individual will be informed that it is not the policy of the Judicare office to become involved in such disputes.
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XIII.
CHANGE OF ATTORNEY DURING CASE
Clients will be allowed to change attorneys after representation has started only in very limited circumstances. Prior approval of the Judicare office is required.
Withdrawal From Representation
Attorneys handling Judicare approved cases may encounter situations where it is necessary to withdraw from representing a particular client. Withdrawal from representation in a Judicare case is governed by Supreme Court Rules 20.16 and 11.02(3). In every case where an attorney withdraws from representing a Judicare client, the attorney should notify the Judicare office immediately.
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XIV.
ADDITIONAL BILLINGS TO JUDICARE
CLIENTS NOT PERMITTED Attorneys may not bill a Judicare client for the difference in the amount Judicare will pay on a given case and the amount a non-Judicare client would be charged for the same legal services.
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XV.
COMPLIANCE WITH AMERICANS WITH Title III of the ADA prohibits discrimination against people with disabilities in the full and equal enjoyment of benefits and services provided by places of public accommodation. Wisconsin Judicare's office is accessible to the mobility impaired. Two Telecommunications Device for the Deaf (TDD) numbers are provided for the hearing impaired. Judicare will pay the costs of an interpreter for the hearing impaired, as necessary. Judicare will also pay an attorney's costs for travel to the home of a mobility impaired client if the attorney's office is not accessible to that client.
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XVI.
LAY ADVOCATE SUPPLEMENT
Lay Advocate Policies
Tribal Court Lay Advocates participating in the Judicare program are generally governed by the same requirements and procedures described in the Attorney Handbook, unless otherwise described in this section. Questions as to distinctions between attorney and lay advocate case coverage should be directed to Judicare's Office Manager or the Indian Law Office Director.
Lay advocates are to exercise their own independent professional judgment in advising and representing their clients. Wisconsin Judicare's Indian Law Office staff attorneys will provide back-up assistance to lay advocates such as advice, research, or other help as appropriate. Lay advocates act as independent contractors. While Judicare's Indian Law Office staff attorneys will provide back-up assistance to lay advocates, Judicare staff will not supervise, direct or control lay advocates.
A tribal court directory that describes the tribal courts is found at Appendix L.
A. Lay Advocate Eligibility.
In order to participate in Judicare, lay advocates must meet the following criteria:
B. Lay Advocate Case Acceptance Schedule.
Generally speaking, Judicare will cover the same types of cases for lay advocates as are covered for attorneys and listed in Section VII of the Attorney Handbook, provided that the case is of a type that the appropriate tribal court will hear.
Additionally, Judicare's Indian Law Office does have limited flexibility in authorizing coverage of some cases not listed in Section VII. Such authorizations are made on a case-by-case basis, depending on the nature of the case and the availability of funds. Inquiries as to such additional civil case coverage should be directed to Judicare's Office Manager or the Indian Law Office Director. Examples of such cases in the tribal courts include CHIPS actions (Participating attorneys, in addition to the lay advocates, may also be eligible for Judicare coverage on CHIPS actions in the tribal courts.), employment (Employment cases wherein the client is seeking over $1,000 in back wages or damages are considered potentially fee generating, and therefore will only be covered in the client demonstrates that two attorneys or lay advocates have declined to provide representaion.), GAL, probate, and conservation.
C. Lay Advocate Fee Schedule.
Lay advocates are urged to contact the Wisconsin Judicare office with questions concerning coverage or fee limitations.
The maximum fee may be waived up to $960 by the Judicare office (the Director and two (2) staff attorneys) upon a showing of good cause on a case-by-case basis. Due to budgetary constraints, waivers will be granted only in extraordinary cases. Reimbursement of lay advocate's fees for any case will not exceed the maximum fee, unless the limit is waived by the Judicare office before the maximum level is passed. No payment over the maximum fee may be made without such advance approval. If a lay advocate's request for payment is fully or partially denied by the Judicare office, or if a request for waiver of the case limitation is denied, the lay advocate may appeal to the Judicare Board of Directors. All decisions of the Judicare Board shall be final and binding on the parties concerned.
The $960 case limitation may be waived by the Board of Directors upon a showing of good cause on a case-by-case basis. Such a request should be made at the conclusion of the case.
D. Fee Waiver Requests Require the Following Submissions:
Case related travel time for lay advocates shall be compensated at $16 per hour plus mileage at the current IRS rate. Other expenses (filing fees, transcripts, depositions, etc.) shall generally be treated the same as described in Section X of the Attorney Handbook. Subject to Judicare's budget limitations, some exceptions may be granted in extraordinary circumstances if approved by Judicare in advance.
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XVII.
HO-CHUNK SUPPLEMENT
Ho-Chunk tribal members residing within Judicare's service area are eligible for all Judicare services. Additionally, through a unique agreement funded by the Ho-Chunk Nation, Judicare is also able to provide legal assistance to Ho-Chunk tribal members residing outside Judicare's service area, but inside Wisconsin. Both participating attorneys and lay advocates are eligible to handle such cases. Judicare maintains a separate listing of attorneys and lay advocates practicing in areas outside Judicare's service area who have agreed to take Ho-Chunk cases. Coverage under this agreement is limited to availability of funds.
Financial Eligibility
Financial eligibility for the Ho-Chunk members is set at 200% of federal poverty guidelines. (Note that a Ho-Chunk member within our service area who exceeds the Judicare income guidelines but is within the 200% limit may be covered under the special Ho-Chunk Agreement.)
Ho-Chunk Case Coverage Features
The following is a simplified guideline to the types of cases which may be covered by Judicare through the Ho-Chunk agreement. It is not intended to be used as a hard and fast rule. Exceptional circumstances will be taken into consideration if presented in advance.
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INITIAL INTERVIEW CHECKLIST
_____ 1. Ask for client's Judicare card. Record Judicare card number and expiration date.
_____ 2. Complete top portion of Authorization to Proceed Form.
_____ 3. Describe nature of case. Remember, this is the only information the Judicare staff will have in making a determination whether or not to approve the case. If the case has no merit, so advise. If a longer explanation is necessary, attach to the Form and submit to Wisconsin Judicare. For family law cases submit appropriate Intake Sheet.
_____ 4. Have the client read the RETAINER AGREEMENT and sign the Form.
_____ 5. The attorney must also sign the Retainer Agreement.
_____ 6. Submit Authorization to Proceed Form to Wisconsin Judicare office. Submit only the top portion of the Form. Retain long portion of the Form for final billing.
_____ 7. Submit Statement of Facts when representing a Plaintiff before filing a complaint or beginning pre-complaint negotiation to Wisconsin Judicare office.
_____ 8. Do not proceed with case until Approval is received from Wisconsin Judicare. Advise client case must be approved by Wisconsin Judicare.
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FINAL BILLING CHECKLIST
_____ 1. Fill out Final Billing Form. Be sure to indicate time spent on case. Hourly rate is $45, except travel time is billed at $16 per hour.
_____ 2. Fill in costs noted on the Form. Mileage rate is the current IRS rate. Costs other than those printed on the Form may be paid only if Judicare has given prior approval.
_____ 3. Describe the disposition of the case.
_____ 4. Attach a copy of the Final Judgment in Divorce and Landlord-Tenant cases/Decision and Notice of Award in Social Security cases/Order of Discharge in bankruptcy cases.
_____ 5. Sign statement at bottom of bill.
_____ 6. Submit bill to Wisconsin Judicare. Payment should be received in about 3 weeks.
_____ 7. Without request for a fee waiver, payment cannot exceed the maximum allowable. If you want the additional amount, submit request for waiver.
Last Updated: April 13, 2008
Wisconsin Judicare, Inc. To Translate this page,
Disclaimer of Liability
Wisconsin Judicare, Inc. provides the information on this Web site as a public service to low-income persons in northern Wisconsin, our participating attorneys, card issuers, and other Internet users. While the information on this site is about legal issues, it is not legal advice. Laws vary from state to state and even federal laws may be applied differently in different states. Moreover, due to the rapidly changing nature of the law and our reliance upon information provided by outside sources, Wisconsin Judicare makes no warranty or guarantee concerning the accuracy or reliability of the content at this site or at other sites to which Judicare.org links.
Effective May 1, 2005
Family Size Poverty Guidelines Annual Monthly Weekly
1 $9,570 $11,963 $997 $230
2 12,830 16,038 1,336 308
3 16,090 20,113 1,676 387
4 19,350 24,188 2,016 465
5 22,610 28,263 2,355 544
6 25,870 32,338 2,695 622
7 29,130 36,413 3,034 700
8 32,390 40,488 3,374 779
Each Add. 3,260 4,075
b. The spouse or person of the opposite sex if they have children in common; and
c. Minor children; and
d. All others claimed as dependents on their tax return.
b. His/her "parents" ("parents" include natural parents, step-parents, foster parents, guardian, and other relatives acting as parents); and
c. All minor children of the "parents" as defined in 2-b above.
CASE ACCEPTANCE SCHEDULE
Reopening Case Coverage Effective May 2, 2005
April 29, 2005
DISABILITIES ACT (ADA)
Lay Advocate Fee Schedule
Half-Hour Consultation Fee
$15
Hourly Rate
$30
Domestic Abuse Restraining Order
Maximum Fee$180
Divorce with Abuse
Maximum Fee$600
Maximum Fee for Other Cases
$480
Maximum Fee Waiver
Staff May Grant$960
Travel Time
$16 per hour
Mileage
Current IRS Rate
Fee Schedule
Hourly Rate
$45
Bankruptcy
Maximum Fee$450
Domestic Abuse Restraining Order
Maximum Fee$280
Maximum Fee for Other Cases
$900
Maximum Fee Waiver
Staff May Grant$1,350
Paralegal Time
$20 per hour
Travel Time
$16 per hour
Mileage
Current IRS Rate
300 Third Street, Suite 210
Wausau, WI 54403
1-800-472-1638
www.judicare.org
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