Using Our Legal Skills to End Homelessness
By William H. Hoch

This year, it is expected that more than 3.5 million Americans will experience homelessness. Of these 3.5 million homeless Americans, 1.35 million are children — the fastest growing homeless population. More than half of these children are under the age of 6. Many are women fleeing an abuser with children in tow. Of these homeless Americans who are working age, 44 percent have a steady job. Obviously, the face of homelessness is changing. And there is much that lawyers can do to assist in the fight against homelessness.

As a former member and chair of the ABA Commission on Homelessness and Poverty, I have become all too acquainted with these statistics and the causes of homelessness. I have also become all too familiar with the lack of legal assistance for individuals experiencing homelessness. Here are some simple ways in which lawyers can help end homelessness:

Volunteer

Visit a shelter in your hometown and inquire as to what its needs are. Let’s face it — as lawyers, we are busy with billable hours, firm-related commitments and family obligations. It is hard to find the time. But I can tell you that it will change your life when you change another’s life. Visit a shelter. Find out what the needs of your community are. Look into the face of a homeless child and his mother and after assisting them with a simple legal matter, try not to feel it. It will change you.

Start a Legal Clinic

People who are homeless have a host of legal problems. They include obtaining identification, accessing housing, securing VA or Social Security benefits, simple criminal matters, custody, divorce, protective orders and related services. As lawyers, we have a great ability to bring about change and are entrusted with a wealth of contacts and abilities — use them. Whether it is through your law firm or through a law school or other means, we have the ability to change a life. Get involved. Start a clinic. Get other lawyers or law students involved.

Start a Homeless Court in Your Community

In 2003, the ABA House of Delegates endorsed the innovative Homeless Court Program. The program is designed to assist a homeless individual’s transition from the streets to self- sufficiency by removing legal barriers — such as outstanding warrants — to desperately needed services such as housing, treatment and public benefits. Despite what one might hear from politicians, I have never met anyone who desires to be on the streets. It is usually through a series of devastating setbacks that individuals or families find themselves without housing. Lack of affordable housing, financial difficulties, job loss, disabilities, domestic violence, mental illness and substance abuse cause homelessness — it is not a personal choice of the individual or family to live on the streets. Additionally, many cities in our country are not only hostile to the homeless but also fail to provide the necessary and basic services to prevent and end homelessness.

Rather than addressing the root causes, such as failure to provide affordable housing or assistance to those with mental illness, some communities criminalize homelessness through ordinances. I continue to feel shame as a lawyer for the proceedings I observed in New Orleans. There, I witnessed firsthand homeless individuals being thrown in the city jail without a preliminary hearing for over 90 days for public intoxication, sharing a sandwich on the street corner (seriously!), jaywalking or sleeping on a park bench. The last three are things that anyone can do without concern for incarceration so long as we don’t “look” homeless — but not in New Orleans. What about in our community? Do you know? If not, then find out what’s going on in your community. If you can help an individual move from homelessness to self-sufficiency because of your efforts in establishing a homeless court, you will be rewarded many fold. I recall the personal testimony of one formerly homeless veteran who said he owed his life to Steve Binder (a public defender in San Diego and founder of the Homeless Court Program) and Al Pavich (president and C.E.O. of Veterans Village of San Diego) and that he would keep moving forward because of them. I doubt anyone reading this has received a similar testimony from a client. Why a homeless court? Because we are lawyers and we have the ability to assist the homeless to become self-sufficient.

Serve on a Board of a Shelter

Lawyers can contribute in many ways. One way is by serving on the board of directors at a local non-profit, service provider or coalition that assist the homeless. Many shelters are run by overworked, well-intentioned individuals that either don’t have time or are not adept at maintaining corporate minutes, bylaws, financial statements, regulations and related legal requirements. Lawyers can be a tremendous help in this regard. Lawyers also have clients that they can contact to “get involved.” Let your clients know what you are doing and suggest that they join the fight to combat homelessness. It will improve the image of lawyers and, I bet, improve your relationship with your client.

Become an Advocate

No profession is better trained to advocate. Learn about the causes of homelessness. Investigate what is going on in your community. Discover why homelessness is such a pervasive problem in America today (and still growing). Inquire as to why the fastest growing homeless population is comprised of children. And then advocate. Represent a homeless individual in a simple divorce case or to obtain simple identification. Challenge community leaders to do better. Write letters to the editor of your local news-paper. Tell other lawyers, judges and anyone who will listen what your findings are and then have the courage to act. Do you have what it takes to be the catalyst of change in your community? You should because you can — like no one else can — because you’re a lawyer.

If you are interested in assisting the homeless with their legal issues, please feel free to contact Will Hoch at (405) 239-6692 or will.hoch@crowedunlevy.com.