Strategic Advocacy for Lasting Results

305 Pages·2012·19.24 MB·English

Strategic Advocacy for
Lasting Results (SALR)
Toolkit

Compiled by Lydia Watts, Esq., Director of Quality and Program Enhancement, NLADA

November 2012
Table of Contents
INTRODUCTION ............................................................................................................................................. 1
BUILDING BLOCKS of SUCCESSFUL STRATEGIC ADVOCACY .......................................................................... 2
An Organizational Culture that Supports Strategic Advocacy .................................................................. 2
Leadership that is Committed to Strategic Advocacy ............................................................................... 3
Supervisory Staff that is Committed to Strategic Advocacy ..................................................................... 3
Planning – Intuitive or Process-Oriented .................................................................................................. 4
Coalition-Building ...................................................................................................................................... 5
Identifying Issues/Racial Equity Lens ........................................................................................................ 6
Recognize Legal Aid’s Unique Role in Advocacy ....................................................................................... 7
Support to Staff/Resources Needed ......................................................................................................... 7
Strategic Use of the Media/Communications ........................................................................................... 8
Policymakers ............................................................................................................................................. 8
Measuring Success .................................................................................................................................... 9
Standard 2.6 on Achieving Lasting Results for Low Income Individuals and Communities ........................ 10
Thirteen Principles for Effective Advocacy ................................................................................................. 11
Building Successful Broad-Based Advocacy: The “Top 16” Most Important Factors for Program Leaders 12
Legal Services NYC – Our Work in the Coming Decade .............................................................................. 13
Doing Broad-Based Advocacy in a Legal Services Program ........................................................................ 14
Appendices .................................................................................................................................................. 15
Appendix 1: Preparing to Engage in Strategic Advocacy – organizational alignment ............................ 15
Appendix 2: Advocacy Planning – the work before the work ................................................................. 16
Appendix 3: Case Matter Acceptance and Screening – samples ............................................................ 17
Appendix 4: Taking on Appeals and Affirmative Litigation – processes ................................................. 18
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Appendix 5: Co-Counseling Agreements – samples ............................................................................... 19
Appendix 6: Moving Toward Racial Equity ............................................................................................. 20
Appendix 7: Evaluation of Strategic Advocacy ........................................................................................ 21
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INTRODUCTION

NLADA is very excited to present this toolkit that is a result of the Civil Division’s latest initiative,
Strategic Advocacy for Lasting Results (SALR) Initiative: Peers Helping Peers. This initiative provides
something that no other organization provides – confidential, peer-based assistance to legal services
programs to help them develop or expand their capacity to achieve broad-based results in all of aspects
of their work and, in particular, to achieve lasting, systemic change for clients and low-income
communities. SALR provided direct technical assistance to two member programs that were seeking to
strengthen their systemic advocacy efforts and services. Five programs applied and two pilot sites were
selected for 2012 to engage with a group of peer advocacy assistance providers and NLADA staff. A very
engaged Advisory Committee of 25 legal services leaders provided invaluable input into the
development and launch of the project.
In preparation for these site visits, Camille Holmes Wood, Chuck Greenfield and Lydia Watts visited five
organizations that have highly performing strategic advocacy efforts underway and that are within easy
travel distance from DC. The programs we visited are:
• Community Legal Services, Philadelphia
• Legal Aid Justice Center, Charlottesville, VA
• Legal Aid Society of DC, Washington, DC
• Legal Aid Bureau of MD, Baltimore, MD
• The coalition of legal services providers in CT, hosted by Greater Hartford Legal Aid and
facilitated by Steve Eppler-Epstein of Connecticut Legal Services

We cannot thank these agencies/law firms enough for opening their doors and sharing their wisdom
with the NLADA team. The enclosed “Building Blocks of Successful Strategic Advocacy” was developed
following those site visits, drawing on the insights and information each agency/law firm shared with us.
In addition, when these agencies/law firms referenced policies or documents that they use in the
administration of their strategic advocacy efforts, we asked that they share those. All of these
documents are attached in the Appendices. Additionally, other documents that were gathered through
research or provided by a peer advocacy assistance provider are attached in the Appendices, with all
due credit to the original authors. This is a work in progress, so please feel free to contact Lydia Watts,
Esq., Director of Quality and Program Enhancement at [email protected] with any documents, revisions
or additions that you believe would add value to this toolkit.
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BUILDING BLOCKS of SUCCESSFUL STRATEGIC ADVOCACY
Information contained herein was gathered by Lydia Watts, Camille Holmes Wood and Chuck Greenfield of NLADA through site
visits and other research.
An Organizational Culture that Supports Strategic Advocacy
• Whose responsibility is strategic advocacy?
• Hire well – identify this passion and commitment; making it an expectation from hiring; ”Hire
really smart people and get out of their way” (though ED has the reins to some degree); Look for
people who can describe experiences as being collaborative and self-starting; look for an “edge”
• How advocates internalize the goals of the program
• Why new advocates think it is ok to engage in strategic advocacy
• Involving new advocates in strategic work.
• In collective bargaining agreement at CT Legal Services – more senior attorneys are required to
do more complex litigation.
• Encourage and support desire – allow them to pursue actions (within reason); “file that appeal”.
• Fellows are required to do some advocacy as part of their projects – hiring of fellows.
• Time allowed to do it (attend community meetings, juggle casework to allow for advocacy when
heats up). Recognition that strategic advocacy takes time and need to adjust other work to
reflect this.
• Recognition of/celebrate success – in Biweekly newsletter – “what’s going on”, acknowledge at
meetings, email to entire staff about victory, positive feedback, annual awards for staff; send
articles around if staff quoted.
• Human Rights Framework: Article 25 sums up what we do as legal aid lawyers. An aspirational
framework/this is how our clients should be treated.
• Create an atmosphere even in time of scarcity that abundance is right around the corner, it is
coming. A sense of stability. We will be here tomorrow.
• Community Lawyering – bring the community’s lawyer. Fact gathering, data, system analysis,
advocacy, strategizing .
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Leadership that is Committed to Strategic Advocacy1
• Organizational policies that encourage strategic advocacy.
• No cult of personality – so everyone is the face of the organization, can represent on their
issue(s).
• Management will “back you up” – not worried about fall out with funders or board, clients
needs are paramount – AND know we pursue cases smartly and carefully – are respected.
• Empowering staff to make decisions and take risks.
• Loyalty to staff.
• Transparency/communication is very important.
• Not having to run issue/strategy past ED, not a bureaucratic process.
• ED who has a good relationship/rapport with Board, and does not involved board with systemic
advocacy efforts2. Board members either don’t care or don’t want to know (due to a possible
conflict). Board-approved to allow staff to explore new areas of work without board approval 
if see something that needs to be done, let’s talk about it.
• Really read LSC regulations to see what can and cannot do. See what want to do 1st, then read
regulations carefully, consult with CLASP/NLADA for advice. Don’t default to NOT doing because
of restrictions. Create a culture of default to do better than being scared off from any advocacy
due to restrictions.
Supervisory Staff that is Committed to Strategic Advocacy
• Supervisors are modeling engaging in systemic advocacy, since many are leaders of systemic
efforts.
• Hire and train supervisors that allow for:
Self determination of staff they supervise
o
Give them decision-making power
o
Have a sense of righteousness
o

1 Leadership development and support through agency – from top position through supervisory positions – is
incredibly important to the success of strategic advocacy efforts… and certainly to a shift toward doing strategic
advocacy.
2 One caveat: that not involving the board is a lost opportunity to connect with the board members/private bar
and identify resources that they could bring to the table.
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That will have their staff member’s back
o
Will give small reinforcements to the staff.
o
• If staff perceive advocacy as additional work there will be resistance. This work has to be
accommodated – say this and act consistent with that statement. Consider creating specialized
unit who are the litigation unit – co-counsel cases with direct rep attorneys so no silos.
• Empower all staff to be identifying trends (i.e., intake workers and paralegals).
• The 3 things that matter most to staff: Opportunity, reasonable pay, manager who supports
their work.
• Professional development to pursue novel claims.
• Thorough preparation of less experienced staff (i.e., in speaking to the media).
• Training of all staff on documenting time (review regularly – every 2 weeks – for duplication,
lack of consistency, what is missed), process to collect attorneys’ fees; build this into culture.
Consider a clear approach to appellate court work.
• Use experts in field regarding affirmative litigation – politics of cases, how to respond to
defendant’s threats, when to go to that action, vetting of named plaintiffs, preparing plaintiffs
for deposition.
Planning – Intuitive or Process-Oriented
• Brainstorm with staff. Ask them about what frustrates them about high volume/repeat cases,
which will tap into their outrage/passion. Ask them to submit their ideas/upsets on paper first
and then brainstorm from there.
• HAVE TO BE OPPORTUNISTIC and seize issues that come up – particularly if no one else is
addressing that issue. Small things turn into big over time – stick-to-itiveness.
• Engage consistently and regularly with connecting with other organizations, participate in Task
Forces, etc.
• Need to be flexible in strategic advocacy goals and objectives.
• How this inter-relates to strategic planning. Is there a way to plan more strategically? While not
squelching culture or create a top down approval? Can do systemic advocacy with agenda, but
harder to do.
• Creativity – no roadmap – have to create infrastructure when none existed.
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Coalition-Building
• Drawing on expertise of those outside the legal field.
• “Get out of the office”; get to know caseworkers; engage in community education efforts.
• Meet with people in community and get lawyers to talk about the organization/talk about what
we do, be proud of who we are.
• Partnerships/coordination with other legal services providers, community groups, other
organizations, government agencies, leaders, etc.
• Not just going to other organizations when need help, must have ongoing relationships.
• Take part in national networks/back-up centers, monthly conference calls, statewide advocacy
organizations/coalitions; other legal services providers; other advocacy groups that may have
more lobbying/advocacy resource (i.e., ACLU).
• Pay attention to cutting edge legal issues across county, be a part of national
organizations/national support network, listservs make yourself attached to it, need to be
involved in it; these are resources to help with these issues/ when issues come up locally, it will
“ring a bell” with your staff.
• Send people to the trainings/national network.
• Collaborate with other units within your organization; non-legal staff may have great
connections with ally organizations. Get introduced to the community early on.
• Once reach out to other communities (i.e., immigrant communities to build your coalition), have
to be willing to deal with the issues that may percolate up and then do the work that is
important to those communities.
• Working with state legislature, county boards of supervisors, city councils, Congress.
• Working with administrative agencies.
• Membership on commissions, boards, etc.
• Think about other allies to bring in – i.e., professors, reporters, if possible, a “deep throat”.
• Host Community Events – teen poetry contest, Thanksgiving with immigrant coalitions, etc.
• Trust and faith in other organizations, don’t need to take lead always, share credit.
• 5 or 6 legal services task forces about legal issues: to identify issues, to achieve consensus on
shared issues so legal services org is speaking in one voice. Quarterly meeting and monthly
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phone calls or monthly meetings. Rotate chairs, minute taker, getting speakers. Soft
requirement to attend unit meetings for CLS staff.
• If an organization has no history of collaboration, start small/organize about a particular issue
that is of interest to client community; connect with social services groups – break into that
structure somehow.
Identifying Issues/Racial Equity Lens
• LISTEN TO CLIENTS – they will tell you want they need (i.e., issue of juvenile vs. adult process did
not make sense to clients).
• Learn how to identify the symptoms of larger problems – see the broader context, not just for
the individual clients, but for the community. Then see the patterns of symptoms/legal issues
that are coming into your office.
• Be aware of corporate infringement on non-private, non-public space – people who are in this
space are seen as less than human3. Shift strategy and approach to theme of imbalance of
power.
• Intake/ID case issues – in a small office, there is a communication flow/attorneys sometimes do
intake; hear about cases coming in and what is being rejected. May need to be more deliberate
in a larger office.
• Use interns and students for “Court Watch” and see issues daily through Court-based/Attorney
of Day projects, which increases understanding of issues, and data can be gathered .
• Consider race equity when evaluating issues. Use of Racial Disparities– done strategically/where
it will work, and with recognition and discussion about how to talk about race (i.e., Legal Aid
Justice Center on p. 17 in Don’t Throw Away The Key shows that at every discretionary level,
disproportionate % of African Americans).
• Effective use of data (FOIA state data) to support claims, including finding the most persuasive
data; In CT they have an intranet to share data across programs (with walls to protect client
confidentiality).
• Quasi-empirical studies (i.e., Law student pulled every 100th case from housing court and got
data from entire cases; called 50 towns and found out what happens with property in eviction
cases; shop at rent-to-own stores versus regular stores to see difference in disclosures about
costs).

3 See john powell’s work
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