Name of Organization: Community Legal Clinic of York Region
Website of Organization: www.clcyr.on.ca
Organization's Mandate: The Community Legal Clinic of York Region promotes access to justice and the elimination of poverty through legal representation, summary advice, referrals, public legal education and information, community development, and law reform.
Project Name: Wills Project
Project Type: Client services (court forms, shadowing, mock hearings, intake, legal clinic, etc.)
Project Delivery: This is a hybrid position. The pre- and initial-screening phases, the first virtual meeting to verify the client’s identity and to receive instructions, and any further discussions to fine-tune and finalize the documents can be done remotely over audio-visual communication or take place in person as agreed upon by the Lawyer Supervisor.
The final stages of signing, witnessing and testation are advised to take place in-person.
Description of Project: PBSC Students are paired with lawyers specializing in Wills and Estates law to draft wills, powers of attorney for property and personal care.
STEP BY STEP PROCEDURES
1. Applicant Intake
Applicants would be pre-screened to determine eligibility by the CLCYR Intake Staff and referred to the Wills Clinic at pbscwillsproject@gmail.com. Only these eligible applicants will be forwarded to the Wills Clinic and placed on a waitlist managed by the Wills Project Lead.
2. Initial Phone Call
The Project Lead will monitor the applicant list and assign files to a law student volunteer and supervising lawyer. The law student volunteer will conduct an initial phone call with the applicant. The main goal of this stage is to introduce themselves, inform the client about how the Wills Project works, determine the client’s needs and whether the client is able to access audio-visual communication mediums and attend in person for the signing. The student volunteer should also set a mutually agreeable time for all parties for the initial meeting with the supervising lawyer. The client should be advised beforehand that a requirement for the initial meeting is that they must be alone in a private spot. All information should also be sent by the student volunteer to the applicant via email. The volunteer should make clear that the client is to have a working, private and regularly checked email inbox to review documents that are to be sent. It should also be communicated that the applicant is not a client until they sign and return a retainer agreement prior to the initial meeting. Retainer agreements are to be provided by the Lawyer Supervisor of the file and that they are to provide copies of their ID for verification before the Initial Meeting.
3. Initial Meeting
The law student volunteer is responsible for liaising with their assigned Lawyer Supervisor and the Client to schedule the initial meeting. This initial meeting should take place ideally over audio-visual communication such as Zoom, WebEx, Facetime, or Microsoft Teams. The purpose of this “face-to face” meeting (in the place of an in-person meeting), is for the supervising lawyer to verify the identity of the client in relation their piece of ID. It is a requirement that the student and lawyer supervisor fill out a “verification of identity” form.
It is also at this meeting that the student volunteer and supervising lawyer receive instruction from the client. It is important to ensure that no one else is at the client’s remote location or in the room to ensure both privacy and no undue influence. The student volunteer will complete the Personal Data Sheet to get the detailed asset and personal information from the client and together with the supervising lawyer, discuss and get instructions from the client for the client’s estate planning. At this meeting, the student and supervising lawyer will also be asking questions to test and ensure that the client has “testamentary” capacity.
4. Review of Drafts and Documents
After the initial meeting, the verification of identity form should be completed, and the student volunteer drafts the documents based on the templates available on the shared drive. The Project Lead will be responsible for providing access to the shared drive during the initial specialized training taking place in early October.
At this stage, the student volunteer and supervising lawyer will work together to correspond and work remotely to finalize the drafts of the documents being prepared for the client. Frequent communication over phone and email is encouraged. Draft documents should be prepared within 7 business days.
5. Draft Documents and Summary Letter to Client
Once the lawyer has approved the final drafts, the student e-mails these together with the summary letter to the client. The documents should be marked DRAFT and sent in pdf form. The e-mail attaching the draft documents and summary letter should be copied to the Lawyer Supervisor.
6. Finalizing Documents
The student should follow up with the client within a short time of sending the drafts to confirm receipt of the e-mail and drafts and to enquire if the client has understood the contents, has any questions, comments or changes to the documents.
Any issues raised by the client should be discussed with the supervising lawyer. Another virtual meeting may be needed to discuss anything that cannot be readily answered or resolved. Revisions and further explanatory letter to the client may be needed and should be prepared by the student for the supervising lawyers review and finalization.
7. Signing Meeting and Witnessing
Once the client has confirmed satisfaction with the final documents, the final stage of the process with the client will be signing of the documents. This will take place in person at the CLCYR with the Supervising Lawyer, law student volunteer, and client on Wednesdays @ 10:00 am – 12:00 pm. The client should be advised by the Supervising Lawyer & law student volunteer beforehand about the requirement of witnesses.
In the beginning of the term, when Student Volunteers are still waiting for Clients to be referred they will review and update the forms and documents to be used by the Wills Project.
Role of the CLYCR: To provide the client referrals, complete the initial screening of applicants, house the in person meetings at the specified weekly times, and be a point of contact in case of emergencies.
Role of Student Volunteers: As outlined above. This is a hybrid position and students are expected to attend the final meeting in person at the CLCYR (21 Dunlop St, Richmond Hill, ON L4C 2M6).
Role of Project Lead: The Project Lead will be responsible for providing access to the shared drive and assisting with making minor visual updates to the precedents, such as logos and acknowledgements. Additionally, the Project Lead will collaborate with supervising lawyers to determine which documents are required and which are optional or no longer relevant. Once the essential documents are identified, the Project Lead will create an updated shared drive with the new and revised templates, incorporating content updates with the assistance of the supervising lawyers
Role of Supervising Lawyer(s): The supervising lawyers will assist with identifying the essential documents that must be used for the Wills Clinics and will make content revisions to the precedents where relevant.
Once a client is accepted for Wills Clinic services, the file becomes their pro bono responsibility. The supervising lawyer bears primary responsibility for the file, while the student volunteer provides assistance with the matter.
The supervising lawyers are responsible for offering specialized training in wills and estate planning to the students in early October as well as providing the retainer letter, hosting the online Zoom meetings and providing file storage space, and verifying the identity of Clients.
The supervising lawyer should attend the initial (online) and final (in person) meetings with the client and student volunteers. In addition, they should be readily available to speak with the student volunteer and mentor the student, provide guidance on the accuracy and content of the draft documentation being prepared and generally provide advice on the process of the file. The supervising lawyer should be accessible at the outset and throughout the time in which it takes to complete the services for the client.
Type of Law: Wills & Estates Law
Main Project Deliverable: Completing client intake and assistance (e.g. completing client intake, providing client referrals, helping clients with their ID documents, etc.)
Number of Student Placements: 3 students + 1 Project Lead
Hours per week the student volunteer(s) will be expected to work: 3-5 hours/week
Regular shifts or a flexible schedule: The schedule will be flexible as the bulk of the work that students will be doing will require their own editing, drafting, and revising, in consultation with the supervising lawyer.
The only scheduled dates for the length of the project will occur, as described above, when the student, client and lawyer meet for the ID verification, and when they meet at the end of the process to testate and witness the will.
Is there a workspace provided for the student at the Organization: CLCYR office space will be available for in person meetings on Wednesdays from 10:00 am – 12:00 pm.
Devices and technologies the students will be required to have: Students are required to have regular and reliable access to a computer, internet, telephone, facetime, zoom, and other audio-visual communication mediums.
Is there an expectation for the student(s) to be bilingual: No
Law School Pre-Requisites: Having completed or being concurrently enrolled in a Wills & Estates class is an asset.
Other Requirements or Expectations: Any Wills & Estate experience or background (whether professional or academic) is an asset.