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March 2018

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Legislation for the Everyday Person

CARPLS Advocates for Consumer Debt Reforms

Illinois’ consumer-debt collection law is considered one of the most punitive in the nation. Under the current law, a creditor has the right to collect on a debt plus 9% post-judgment interest for over 20 years.

To put that in perspective, if someone owes $1,000, the interest accrued after twenty years would equal $1,800. This means that the debtor owes a total of $2,800, or nearly 3x the original debt because of the steep interest rate. In addition, the same judgment on a debt can be enforced multiple times without closure, so even if a judgment is not on a credit report it can still be "revived" for up to 20 years.

This law disproportionately affects low-income individuals, people of color, senior citizens, people with disabilities, and other frequently unprotected groups who can't afford an attorney to help them defend the debt or work out a reasonable settlement. Illinoisans trying to repay their bills in good faith are often failing due to no fault of their own, and they face financial hardship or even bankruptcy as a result.

Many of the states surrounding Illinois have taken legislative action to combat onerous debt judgments by reducing interest rates to more reasonable levels. So when CARPLS was asked to join two advocacy committees devoted to protecting consumers and changing the law, CARPLS Supervising Attorney Ashlee Highland says she jumped at the chance.

Ashlee oversees the Consumer Collection advice desk in the Post-Judgment Collection Court at the Daley Center.

"For years, I have been frustrated by being unable to help pro se (self-represented) clients respond proactively to debt collection in court. The current law creates a huge financial burden on our clients and there's no way around it. Now, I am working with consumer groups and people who--like me--also want to protect these vulnerable consumers. It is so rewarding to give a voice to our clients dealing with these problems, and to impact legislation in Springfield and D.C.," Ashlee notes.

At this time, Ashlee is excited the work of these committees has led to new bills being introduced in the Illinois House of Representatives to create fair debt reform and raise legislative awareness around this important issue.

Helping Women Advocate for Themselves in Court

Women Account for 64% of Our Client Base

When Nicole turned to CARPLS, she was panicked that her husband, during the course of their divorce, had suddenly filed for exclusive possession of their home--on top of hiding the income from his cash business--and was attempting to evict her.

She relayed her fears of being thrown out on the street to a CARPLS attorney, who encouraged her to tell her side of the story and counseled her on how to argue against her husband's motion. The lawyer's advice empowered Nicole to successfully make her case in court; the motion was denied, and Nicole was able to stay in her home until the divorce was finalized.

The majority of the clients we serve at CARPLS are women, many of whom are facing limited options in challenging situations: for instance, single mothers caught in custody battles or contentious divorces, or survivors of domestic violence in need of housing. Nicole's story is one of the many inspiring examples of the strength we see in women facing tough situations everyday.

JEP Spotlight: Chrissie Martell

Are YOU a recent law graduate interested in building an innovative law practice that also supports a socially conscious mission? Then do we have a program for you!

The attorneys of the Justice Entrepreneurs Project (JEP) are no ordinary legal minds--as part of The Chicago Bar Foundation, this network of social entrepreneurs are on a quest to address unmet legal needs and ensure access to justice for all.

Chrissie Martell is a recent JEP participant who now runs her own law firm centered on providing affordable legal services in family law matters. She shared some insights with us on her experience with JEP and as a CARPLS volunteer, and how this has helped her grow her own practice.

"I am a solo attorney, practicing law in Chicago and the surrounding suburbs. I have a toddler and a baby on the way, and being my own boss allows me to have the flexibility I desire to run my law firm and spend time with my family.

I began volunteering with CARPLS prior to applying for a position in the Justice Entrepreneurs Project, because I was working full time for a telecom company, and I wanted to help people with their legal needs in a more personal way. In the first six months of involvement in the JEP, participants in the program commit to weekly volunteering at CARPLS, and this is where I gained more in-depth experience. Listening to the callers and spotting their legal issues is not only analytical, it is a lesson in empathy.

Currently, I focus on providing legal services surrounding family needs, such as adoption, estate planning, real estate, and divorce. This work typically involves representing adopting parents. However, in my own practice, I have also begun representing biological parents who contest an adoption or would like to negotiate an open adoption agreement. Many of these individuals benefit from limited scope representation or fixed fees and payment plans to accomplish their goals.

Through the JEP, I have learned how to skillfully advocate for clients while charging a reasonable fee. This area of law lends itself to the clients that the JEP was designed to serve – those who do not qualify for free legal aid but cannot afford traditional full-scope representation at a large billable rate. I am grateful to have had the opportunity to learn the process of adoption law through pro-bono work, and it’s rewarding to incorporate this type of representation into my practice."

It's not too late to apply for the JEP program to begin in May 2018! The application deadline to join the next JEP cohort is Monday, March 5th. You can discover more about this program on the JEP website.

March is Women's History Month

The Women of the Supreme Court of the United States

Pulaski Day and Elder Law

There are 21 roads, 16 monuments, 13 towns, 6 parks, and 1 Minnesota lake in the US named for Polish-American Revolutionary War Hero Casimir Pulaski. The Chicago metropolitan area has the largest Polish population outside of Poland.

Pulaski Day--the holiday on the first Monday of March commemorating Casimir Pulaski--is one of CARPLS' favorites. Though most of our schools no longer take this day off in Chicago, CARPLS will be celebrating with a special training and pizza lunch.

This year, CARPLS has dedicated a new hotline for addressing the legal needs of senior citizens. Accordingly, the theme of this year's Pulaski Day training will focus on elder law. The Center for Disability and Elder Law will train all of our attorneys on the important legal matters that our senior clients face.