Pro Bono Practice in a Pandemic: Navigating New Laws and Resources to Address Basic Needs
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5/22/2020
When: Friday, May 22, 2020
1:00 PM - 3:45 PM

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MCLE Accreditation
NE MCLE #193816.  2.5 CLE Hours, including 0.25 Ethics Hours (Distance Learning)
**Webinars are conducted via the GoToMeeting platform.  Click here for system requirements.

Registration Fees
$162.50 – Regular Registration
$125.00 – NSBA Voluntary Dues-Paying Members
$62.50 – NSBA Voluntary Dues-Paying Junior Active Members
Free – VLP Volunteers who agree to volunteer for VLP or Legal Aid in 2020***
Free – Law Students

This FREE CLE is for current volunteer attorneys and attorneys willing to volunteer for VLP or Legal Aid of Nebraska in 2020. By registering to attend this CLE for FREE, you agree to volunteer for VLP or Legal Aid of Nebraska in 2020. You will be contacted after the CLE to discuss volunteer opportunities. We appreciate your support!

 


Nebraska families and communities are devastated by the coronavirus outbreak. Many Nebraskans are at risk of losing their homes, property, and livelihood. Now more than ever, they are experiencing financial distress. Access to legal services and resources is critical to help guide them through the pandemic. This CLE will provide new and seasoned lawyers a review of key aspects of the Families First Coronavirus Response Act, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, administrative actions taken by the local courts in light of the pandemic and practical advice for assisting Nebraskans affected by the novel coronavirus.

1:00 - 2:00 PM     Unemployment and FMLA Issues
This session will address Unemployment and FMLA laws and practice. The speaker will explore how the CARES ACT and the Family First Act interact with both unemployment and FMLA and how these acts may affect and expand the eligibility of some workers under both programs. The speaker will explain who is eligible for relief under the CARES and/or Family first act. The speaker will further discuss which employers fall under both acts and the exceptions for those employers.

This session will review ethical issues encountered with this representation (e.g. Communications, Rule 3-501.4; Scope of representation and allocation of authority between client and lawyer, Rule 3-501.12; Diminished capacity, Rule 3-501.14; Declining or terminating representation, Rule 3-501.16; Advisor, Rule 3-502.1; etc.).

Ann Mangiameli graduated Magna Cum Laude from Northern State University and then earned a J.D. from Creighton University School of Law in 1991. After graduating, Mangiameli practiced privately, focusing on litigation and administrative law matters. Mangiameli began working at Legal Aid of Nebraska in 1997, and is now the Managing Attorney of the Health, Education & Law Project (HELP), Nebraska’s only Medical Legal Partnership. HELP collaborates with hospitals to remediate/eliminate legal issues that affect a patient’s health. Mangiameli also teaches Poverty Law at Creighton University School of Law.

2:00 - 2:30 PM     Debtor Issues
This session will address bank account garnishment claims of exemption. Now, more than ever, low income Nebraskans need to have access to their assets allowed by Nebraska law. The presenter will describe the garnishment process and introduce the use of the new, court approved, claim of exemption form which includes a personal property inventory required to recover a garnished bank account.

This session will review ethical issues encountered with this representation (e.g. Diligence, 3-501.3; Communications, Rule 3-501.4; Scope of representation and allocation of authority between client and lawyer, Rule 3-501.12; Diminished capacity, etc.).

Lea Wroblewski is an attorney at Legal Aid, where she has worked for more than twenty years. Lea specializes in representing clients directly in state debt collection cases and bankruptcies. Lea manages the Lincoln Access to Justice Center where she advises pro se clients about the legal process. Lea recently represented legal aid clients at federal negotiated rulemaking at the US Department of Education. She is a graduate of UNO, with a Bachelor of Arts in philosophy and Creighton University School of Law.

2:30 - 2:45 PM   Break

2:45 - 3:45 PM   Tenant Issues
This session will address the emergency provisions impacting eviction and foreclosure laws in light of the coronavirus pandemic. The speaker will address temporary restrictions on Nebraska Landlord Tenant Law, administrative actions taken by the local courts, and the federal moratorium on evictions and foreclosures in the CARES Act. This session addresses best practices both during the moratorium and what to expect after the moratorium is lifted.

This session will review ethical issues encountered with this representation (e.g. Diligence, 3-501.3; Communications, Rule 3-501.4; Scope of representation and allocation of authority between client and lawyer, Rule 3-501.12; Diminished capacity, Rule 3-501.14; Declining or terminating representation, Rule 3-501.16; Advisor, Rule 3-502.1; Meritorious claims and contentions, Rule 3-503.1; Expediting litigation, Rule 3-503.2; Fairness to opposing party and counsel, Rule 3-503.4, etc.).

Scott Mertz is a 2009 graduate of Creighton School of Law.  Scott has worked at Legal Aid of Nebraska since 2009.  He is the Managing Attorney of the firm’s Omaha office and Manager of Legal Aid of Nebraska’s Housing Justice Project.