Sunday, April 28, 2013

LSC AND VIVALDI'S FOUR SEASONS

NOTE: IF YOU WISH, CLICK HERE FOR A FULL PLAY OF VIVALDI'S "FOUR" AS YOU READ THIS POST.

A few weeks ago I attended the Board of Directors meeting of the Legal Services Corporation (LSC) in their very own Washington D.C. offices.

In the spirit of this blog's title, let me pass on some bona fide advice: if you ever visit LSC on K Street, here's where you park: at the very end of K Street on the parking lot of the Boat Club. It's free - imagine that in D.C. - safe and less than a minute's walk from the building. Thank me later.


So what is LSC? Let me explain by using their own words, straight from their website at About LSC - What is LSC?:
"LSC is the single largest funder of civil legal aid for low-income Americans in the nation. Established in 1974, LSC operates as an independent 501(c)(3) nonprofit corporation that promotes equal access to justice and provides grants for high-quality civil legal assistance to low-income Americans. LSC distributes more than 90 percent of its total funding to 134 independent nonprofit legal aid programs with more than 800 offices."
In other words, 134 legal assistance and legal aid organizations all across this nation are receiving funds (grants) to help the indigent, the poor, the weak with any of the civil legal issues they may have.

The dominant legal matters affecting legal aid recipients are Family Law, Housing Issues, Income Maintenance and Consumer Law. As I wrote in my previous post, "Ceci n'est pas une pipe.", "Sometimes an attorney is the only one who can prevent a family from tumbling into poverty or homelessness.". Certainly, legal aid clients are already poor but in their case an attorney can achieve two no-small objectives: 1) prevent further calamity from occurring and 2) give the gift of hope so the client in question may find the strength to move on and preferably, up.

Now is a good time to introduce Antonio Vivaldi and his 'Quattro Stagione' as referred to in the title. Vivaldi was born in a poor Venetian family, so poor in fact that young Antonio was sent into the priesthood - well against his will - in order to get free education. Vivaldi's father was a barber, couldn't make ends meet and became a touring violinist instead. Antonio Vivaldi suffered poverty, poor health and was very unhappy in his "job" as a priest; he knew his talent lay elsewhere. The Vivaldi family, as the family grew, had a hard time keeping food on the table and a roof over their heads. The Vivaldi family could have been a cookie cutter legal aid candidate.

Fortunately, Antonio Vivaldi found a way to develop his talent as a violinist, performer and composer - creator of 'The Four Seasons' known to all and one of my favorites.

All twelve concertos take you through an entire range of sounds, emotions, awarenesses and visualizations. Brooks, barking dogs, barren land, thunderstorms - there are even a few drunks in there.

Somehow, when I was walking to the LSC office that Sunday afternoon (I had just parked at the Boat Club, remember?), 'Spring' came to mind: Spring Mov. 1. Spring is new, growth, exciting, anticipation. I was looking forward to attending and meeting a few people I had been communicating with beforehand but never met.

All LSC staff, upper management, President, Committee Members and Members of the Board are very welcoming, gracious and genuine and took a newcomer like me straight into happy 'Summer': Summer Mov. 1.

Without going into too much detail, which would take you to 'Winter' - Winter Mov. 1 - by the way, the first item on that afternoon's agenda was "Criminal Defense in Tribal Courts". How exciting! I know next to nothing about that so it sounded interesting (Spring Mov. 2) and for a while it was (Summer Mov. 2) until a pesky and recurring problem reared its ugly head for the first time and many more times in the following days: "no funding" or also referred to as "lack of resources". That's when you hear things such as "authorized but not funded", "oh, did you mean funded but not appropriated?", "well no, I meant to say, the funds were authorized but they haven't been appropriated yet". That's when you look up at the ceiling and you see the leaves dropping, there's a chill in the air and you want a cup of hot tea: 'Autumn' had come: Autumn Mov. 1.

I considered taking advantage of an upcoming 5-minute break to retrieve my iPod from my car (which was parked at the Boat Club, remember?) and feeding one ear with the sounds of 'Quattro Stagione'.
I quickly disposed of the idea thinking it inappropriate to treat an LSC Board of Directors meeting as the backdrop of a classical concert.

The afternoon continued with a few Rulemaking  sessions, where some very impressive drafting staff were able to shine (Spring Mov. 3) and receive credit from the Board for work very well done (Summer Mov. 3).

Following summer, at least here in the United States, we trick 'r treat ourselves into the fall, right? Well, so it happened: Autumn Mov. 2; a "Public Comment Out Of Order" was offered and the ABA representative with a trick up his sleeve felt the need to parse definitions. Following some slicing, dicing, word-wrestling and compromising, the ABA rep achieved what the ABA is really-really good at: freeze things into place, cover it up with a thick sheet of ice to be discovered in the next millenium (Winter Mov. 2).

Truly, hour upon hour is played out in The Red Priest's Four Seasons (*). I'll give a quick rundown of all subsequent discussion items; you will probably be able to fill in the corresponding season yourself.

Legal services to aliens (illegals) who are the victims of crimes such as domestic abuse, trafficking, etc.: what a heartbreaking topic, not helped by a surprising comment by one of the participants: "more often than not, alien victims are asked about their legal status vs. 'what happened to you?'" 'Winter' continued: Winter Mov. 3.

Reporting on staff compensation, performance measurements, collective bargaining negotiations, data collection parameters, system reviews, "lack of resources", time records & timekeeping and case management systems reviewsAutumn Mov. 1 Autumn Mov. 2 Autumn Mov. 3 Winter Mov. 1 Winter Mov. 2 Winter Mov. 3.

Upcoming 40th Anniversary, new initiatives, pro bono innovationSpring Mov. 1 Spring Mov. 2 Spring Mov. 3.

Raising public awareness for all the good work LSC and all 134 legal aid programs are doing day after daySummer Mov. 1.

We didn't have much of a summer 'that year' and the fall felt like winter (Winter Mov. 1) because there was another one of those "Public Comments Out Of Order" moments where the ABA representative demonstrated yet another ABA talent: after his comments, the mumble in the galleries was "Anybody know what he just meant by that?".

Lack of funding & forced part-time by legal aid organizations and transportation-related legal issuesWinter Mov. 2 and Winter Mov. 3.

We were all looking forward to the spring at this point and for a while it looked promising. The ABA representative made his way to the microphone table to summarize a brand-new (and it was new because you could smell the fresh ink in the back of the room!) report on 'all' the pro bono work done by ABA lawyers. The report is called "Supporting Justice III" but it ought to be called "Supporting Justice, Third Attempt".
After some pleasantries, percentages, numbers and statistics started filling the room and it became clear that Punxsutawney Phil had seen his shadow (Winter Mov. 1).
Following a bit of entertaining questioning, the report revealed a fatal flaw: it was counterproductive to its purpose because it showed ABA's lawyers as doing virtually no pro bono work. ABA's response was meek: "We'll try again and I think we're getting better at it,..." Intermission: A Musical Joke by W. A. Mozart (pun intended).

The reason I can demonstrate - vis comica - the events at this LSC Board of Directors meeting with Vivaldi's Four is because all seasons combined are life as it is in nature, as it is within our own lives and our society's life in general. And LSC is a reflection of just that society.
Need is increasing, funding is shrinking, rights are forfeited, "access to justice" is denied. People need help, courts need unclogging (pro se), trust in the rule of law must be maintained.

This current Board, faced with numerous challenges and unknowns, never once, for one minute, lost sight of the needs of the poor and its mission. All of them are impressive people, you can read their bios here, and dedicated, and yet they call themselves humbly "new" at this. This Board, LSC's President and his team are maybe the only levee left separating the vulnerable neighborhood from the angry sea when it comes to civil legal services for low-income Americans. One legal aid office director already described the situation as follows: "Due to the lack of funding, released attorneys, staff put on part-time, all we can do now is focus on the most serious needs of the most desperate people."

Indeed, more public awareness of their work is needed but more importantly more support. More support from the top down to the bowels of Congress because what they are receiving for their selfless service today is empty and populist rhetoric (bullhorn be-bop), also from the top down.

Before someone accuses me of amantes amentes, I do have a better Board composition in mind whose names I will disclose shortly, bona fide.

(*) Antonio Vivaldi was nicknamed il Prete Rosso because of his red hair.

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