Commission on Parental Legal Representation
Attorney Survey

Introduction

The NYS Office of Indigent Legal Services is assisting the Office of Court Administration's Commission on Parental Legal Representation in examining the system for providing publicly-funded legal services in family court matters under Family Court Act sec. 262 ("mandated parental representation").

This survey is one of several methods the Commission is using to collect information about the delivery of mandated parental representation in the State's 62 counties. It is designed for attorneys who provide such representation pursuant to County Law Article 18-b, including individual attorneys (assigned counsel, panel, 18-b attorneys), and staff of legal aid societies, legal services organizations, and county agencies such as public defenders, conflict defenders, alternate conflict defenders, etc. The survey requests information about your experience providing mandated parental representation in the county where you had the most cases in the past 12 months.

Your answers will remain confidential. If you are interested in further assisting the efforts of the Commission and ILS to get a more nuanced picture of mandated parental representation, please provide your contact information in the final survey question.

The survey has 20 questions, with several opportunities to type comments. It will probably take about 10 minutes to complete depending on how much information you choose to provide. We request that you respond to the survey by October 15, 2018.

The survey will automatically be sent to ILS soon as you click "Done."

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* 1. In which county did you have the most mandated parental representation cases in the past 12 months?

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* 2. Which of the following best describes your current mandated parental representation practice?

Court-appointed sole practitioner (i.e., assigned counsel/panel/18-B attorney)

Sole practitioner contract with County

Private law firm contract with County

Staff member of a County agency (e.g., Public Defender, Conflict Defender, Alternate Defender)

Staff member of a non-profit organization (e.g., Legal Services, Legal Aid Society)

Pro bono/Volunteer Lawyers Program

I don't provide mandated parental representation

Other (please specify)

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* 3. In the various types of cases you handle, when are you typically notified that you have been assigned to represent a client?

	Before first appearance	At first appearance	Within a week after first appearance	A week to a month after first appearance	More than a month after first appearance	N/A - don't handle these cases
Adoption (parent opposing)	Adoption (parent opposing) Before first appearance	Adoption (parent opposing) At first appearance	Adoption (parent opposing) Within a week after first appearance	Adoption (parent opposing) A week to a month after first appearance	Adoption (parent opposing) More than a month after first appearance	Adoption (parent opposing) N/A - don't handle these cases
Surrender of child	Surrender of child Before first appearance	Surrender of child At first appearance	Surrender of child Within a week after first appearance	Surrender of child A week to a month after first appearance	Surrender of child More than a month after first appearance	Surrender of child N/A - don't handle these cases
Guardianship	Guardianship Before first appearance	Guardianship At first appearance	Guardianship Within a week after first appearance	Guardianship A week to a month after first appearance	Guardianship More than a month after first appearance	Guardianship N/A - don't handle these cases
Custody/visitation (petitioner)	Custody/visitation (petitioner) Before first appearance	Custody/visitation (petitioner) At first appearance	Custody/visitation (petitioner) Within a week after first appearance	Custody/visitation (petitioner) A week to a month after first appearance	Custody/visitation (petitioner) More than a month after first appearance	Custody/visitation (petitioner) N/A - don't handle these cases
Custody/visitation (respondent)	Custody/visitation (respondent) Before first appearance	Custody/visitation (respondent) At first appearance	Custody/visitation (respondent) Within a week after first appearance	Custody/visitation (respondent) A week to a month after first appearance	Custody/visitation (respondent) More than a month after first appearance	Custody/visitation (respondent) N/A - don't handle these cases
Paternity (respondent)	Paternity (respondent) Before first appearance	Paternity (respondent) At first appearance	Paternity (respondent) Within a week after first appearance	Paternity (respondent) A week to a month after first appearance	Paternity (respondent) More than a month after first appearance	Paternity (respondent) N/A - don't handle these cases
Termination of parental rights	Termination of parental rights Before first appearance	Termination of parental rights At first appearance	Termination of parental rights Within a week after first appearance	Termination of parental rights A week to a month after first appearance	Termination of parental rights More than a month after first appearance	Termination of parental rights N/A - don't handle these cases
Contempt/willful violation Child Support (respondent)	Contempt/willful violation Child Support (respondent) Before first appearance	Contempt/willful violation Child Support (respondent) At first appearance	Contempt/willful violation Child Support (respondent) Within a week after first appearance	Contempt/willful violation Child Support (respondent) A week to a month after first appearance	Contempt/willful violation Child Support (respondent) More than a month after first appearance	Contempt/willful violation Child Support (respondent) N/A - don't handle these cases
Abuse/neglect (respondent)	Abuse/neglect (respondent) Before first appearance	Abuse/neglect (respondent) At first appearance	Abuse/neglect (respondent) Within a week after first appearance	Abuse/neglect (respondent) A week to a month after first appearance	Abuse/neglect (respondent) More than a month after first appearance	Abuse/neglect (respondent) N/A - don't handle these cases
Family offense (petitioner)	Family offense (petitioner) Before first appearance	Family offense (petitioner) At first appearance	Family offense (petitioner) Within a week after first appearance	Family offense (petitioner) A week to a month after first appearance	Family offense (petitioner) More than a month after first appearance	Family offense (petitioner) N/A - don't handle these cases
Family offense (respondent)	Family offense (respondent) Before first appearance	Family offense (respondent) At first appearance	Family offense (respondent) Within a week after first appearance	Family offense (respondent) A week to a month after first appearance	Family offense (respondent) More than a month after first appearance	Family offense (respondent) N/A - don't handle these cases
Other	Other Before first appearance	Other At first appearance	Other Within a week after first appearance	Other A week to a month after first appearance	Other More than a month after first appearance	Other N/A - don't handle these cases

Please provide any further elaboration of your answers here.

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* 4. Please describe who notifies you that you have been assigned to a new client, and by what means are you notified (e.g., judge assigns in court, email from court clerk, phone call from supervisor)?

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* 5. In the various types of cases you handle, how soon after you are notified that you have been assigned to a new client do you typically have your first in-person meeting with them?

	On same day as assignment	Within a week of assignment	A week to a month from assignment	More than a month after assignment	N/A - don't handle these cases
Adoption (parent opposing)	Adoption (parent opposing) On same day as assignment	Adoption (parent opposing) Within a week of assignment	Adoption (parent opposing) A week to a month from assignment	Adoption (parent opposing) More than a month after assignment	Adoption (parent opposing) N/A - don't handle these cases
Surrender of child	Surrender of child On same day as assignment	Surrender of child Within a week of assignment	Surrender of child A week to a month from assignment	Surrender of child More than a month after assignment	Surrender of child N/A - don't handle these cases
Guardianship	Guardianship On same day as assignment	Guardianship Within a week of assignment	Guardianship A week to a month from assignment	Guardianship More than a month after assignment	Guardianship N/A - don't handle these cases
Custody/visitation (petitioner)	Custody/visitation (petitioner) On same day as assignment	Custody/visitation (petitioner) Within a week of assignment	Custody/visitation (petitioner) A week to a month from assignment	Custody/visitation (petitioner) More than a month after assignment	Custody/visitation (petitioner) N/A - don't handle these cases
Custody/visitation (respondent)	Custody/visitation (respondent) On same day as assignment	Custody/visitation (respondent) Within a week of assignment	Custody/visitation (respondent) A week to a month from assignment	Custody/visitation (respondent) More than a month after assignment	Custody/visitation (respondent) N/A - don't handle these cases
Paternity (respondent)	Paternity (respondent) On same day as assignment	Paternity (respondent) Within a week of assignment	Paternity (respondent) A week to a month from assignment	Paternity (respondent) More than a month after assignment	Paternity (respondent) N/A - don't handle these cases
Termination of parental rights (respondent)	Termination of parental rights (respondent) On same day as assignment	Termination of parental rights (respondent) Within a week of assignment	Termination of parental rights (respondent) A week to a month from assignment	Termination of parental rights (respondent) More than a month after assignment	Termination of parental rights (respondent) N/A - don't handle these cases
Contempt/willful violation, Child Support (respondent)	Contempt/willful violation, Child Support (respondent) On same day as assignment	Contempt/willful violation, Child Support (respondent) Within a week of assignment	Contempt/willful violation, Child Support (respondent) A week to a month from assignment	Contempt/willful violation, Child Support (respondent) More than a month after assignment	Contempt/willful violation, Child Support (respondent) N/A - don't handle these cases
Abuse/neglect (respondent)	Abuse/neglect (respondent) On same day as assignment	Abuse/neglect (respondent) Within a week of assignment	Abuse/neglect (respondent) A week to a month from assignment	Abuse/neglect (respondent) More than a month after assignment	Abuse/neglect (respondent) N/A - don't handle these cases
Family offense (petitioner)	Family offense (petitioner) On same day as assignment	Family offense (petitioner) Within a week of assignment	Family offense (petitioner) A week to a month from assignment	Family offense (petitioner) More than a month after assignment	Family offense (petitioner) N/A - don't handle these cases
Family offense (respondent)	Family offense (respondent) On same day as assignment	Family offense (respondent) Within a week of assignment	Family offense (respondent) A week to a month from assignment	Family offense (respondent) More than a month after assignment	Family offense (respondent) N/A - don't handle these cases
Other	Other On same day as assignment	Other Within a week of assignment	Other A week to a month from assignment	Other More than a month after assignment	Other N/A - don't handle these cases

Please provide any further elaboration of your answers here.

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* 6. Under what circumstances do you generally first meet your clients (e.g., outside of the courtroom, at my office, etc.)?

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* 7. In your opinion, in CPS/child protective cases, assigned counsel eligible Family Court litigants should have access to counsel:

	Strongly agree	Agree	Disagree	Strongly disagree
Once a CPS/child protective investigation has started	Once a CPS/child protective investigation has started Strongly agree	Once a CPS/child protective investigation has started Agree	Once a CPS/child protective investigation has started Disagree	Once a CPS/child protective investigation has started Strongly disagree
Immediately upon removal of a child from the person's custody	Immediately upon removal of a child from the person's custody Strongly agree	Immediately upon removal of a child from the person's custody Agree	Immediately upon removal of a child from the person's custody Disagree	Immediately upon removal of a child from the person's custody Strongly disagree
Before a parent executes a surrender instrument	Before a parent executes a surrender instrument Strongly agree	Before a parent executes a surrender instrument Agree	Before a parent executes a surrender instrument Disagree	Before a parent executes a surrender instrument Strongly disagree
Before a hearing is held to determine whether to remove or continue removal of a child from the person's custody	Before a hearing is held to determine whether to remove or continue removal of a child from the person's custody Strongly agree	Before a hearing is held to determine whether to remove or continue removal of a child from the person's custody Agree	Before a hearing is held to determine whether to remove or continue removal of a child from the person's custody Disagree	Before a hearing is held to determine whether to remove or continue removal of a child from the person's custody Strongly disagree

Please provide any further elaboration of your answers here.

Question Title

* 8. In your opinion, in cases other than CPS/child protective cases, assigned counsel eligible Family Court litigants should have access to counsel:

	Strongly agree	Agree	Disagree	Strongly disagree
Before they file a petition	Before they file a petition Strongly agree	Before they file a petition Agree	Before they file a petition Disagree	Before they file a petition Strongly disagree
Before they appear in court to answer a petition filed against them	Before they appear in court to answer a petition filed against them Strongly agree	Before they appear in court to answer a petition filed against them Agree	Before they appear in court to answer a petition filed against them Disagree	Before they appear in court to answer a petition filed against them Strongly disagree
Before the first scheduled court appearance	Before the first scheduled court appearance Strongly agree	Before the first scheduled court appearance Agree	Before the first scheduled court appearance Disagree	Before the first scheduled court appearance Strongly disagree
At the first scheduled court appearance	At the first scheduled court appearance Strongly agree	At the first scheduled court appearance Agree	At the first scheduled court appearance Disagree	At the first scheduled court appearance Strongly disagree

Please provide any further elaboration of your answer here.

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* 9. In the past 12 months, approximately what percentage of your practice was dedicated to work on mandated parental representation cases (including trial and appellate level)?

Under 25%

25% - 49%

50% - 74%

75% - 100%

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* 10. In the past 12 months, approximately what percentage of your mandated parental representation work involved the following types of cases? (Your answers should sum to 100.)

Adoption

Surrender of child

Guardianship

Custody/Visitation

Termination of Parental Rights

Contempt/Willful violation, Child Support

Abuse/neglect

Family offense

Paternity

Other

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* 11. In your opinion, what should be the maximum caseload for an attorney providing mandated parental representation? (You may wish to discuss different maxima for different types of cases.)

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* 12. Were any of the following required prior to you handling mandated parental representation cases? (check all that apply)

Written application to Assigned Counsel Plan or Program

Permission from Family Court Judge

Personal interview

Professional References

Specialized training

Shadowing/Mentoring

Court observation

Reading assigned materials

Writing sample(s)

Other (please explain)

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* 13. How great would you say your need for training is in each of the following areas?

	Very great need	Fairly great need	Moderate need	Fairly low need	Low or no need
Domestic/intrafamilial violence	Domestic/intrafamilial violence Very great need	Domestic/intrafamilial violence Fairly great need	Domestic/intrafamilial violence Moderate need	Domestic/intrafamilial violence Fairly low need	Domestic/intrafamilial violence Low or no need
Immigration law in child welfare and child custody cases	Immigration law in child welfare and child custody cases Very great need	Immigration law in child welfare and child custody cases Fairly great need	Immigration law in child welfare and child custody cases Moderate need	Immigration law in child welfare and child custody cases Fairly low need	Immigration law in child welfare and child custody cases Low or no need
Domestic Relations Law	Domestic Relations Law Very great need	Domestic Relations Law Fairly great need	Domestic Relations Law Moderate need	Domestic Relations Law Fairly low need	Domestic Relations Law Low or no need
Ethical issues in family court proceedings	Ethical issues in family court proceedings Very great need	Ethical issues in family court proceedings Fairly great need	Ethical issues in family court proceedings Moderate need	Ethical issues in family court proceedings Fairly low need	Ethical issues in family court proceedings Low or no need
Trial practice and procedure in family court proceedings	Trial practice and procedure in family court proceedings Very great need	Trial practice and procedure in family court proceedings Fairly great need	Trial practice and procedure in family court proceedings Moderate need	Trial practice and procedure in family court proceedings Fairly low need	Trial practice and procedure in family court proceedings Low or no need
Negotiation strategies and techniques	Negotiation strategies and techniques Very great need	Negotiation strategies and techniques Fairly great need	Negotiation strategies and techniques Moderate need	Negotiation strategies and techniques Fairly low need	Negotiation strategies and techniques Low or no need
Alternative dispute resolution	Alternative dispute resolution Very great need	Alternative dispute resolution Fairly great need	Alternative dispute resolution Moderate need	Alternative dispute resolution Fairly low need	Alternative dispute resolution Low or no need
Privilege and confidentiality	Privilege and confidentiality Very great need	Privilege and confidentiality Fairly great need	Privilege and confidentiality Moderate need	Privilege and confidentiality Fairly low need	Privilege and confidentiality Low or no need
Appellate practice in family court proceedings	Appellate practice in family court proceedings Very great need	Appellate practice in family court proceedings Fairly great need	Appellate practice in family court proceedings Moderate need	Appellate practice in family court proceedings Fairly low need	Appellate practice in family court proceedings Low or no need
Federal and state law in child protective proceedings	Federal and state law in child protective proceedings Very great need	Federal and state law in child protective proceedings Fairly great need	Federal and state law in child protective proceedings Moderate need	Federal and state law in child protective proceedings Fairly low need	Federal and state law in child protective proceedings Low or no need
Indian Child Welfare Act and related state law	Indian Child Welfare Act and related state law Very great need	Indian Child Welfare Act and related state law Fairly great need	Indian Child Welfare Act and related state law Moderate need	Indian Child Welfare Act and related state law Fairly low need	Indian Child Welfare Act and related state law Low or no need
NYS Social Services agency law, regulations, policies and procedures	NYS Social Services agency law, regulations, policies and procedures Very great need	NYS Social Services agency law, regulations, policies and procedures Fairly great need	NYS Social Services agency law, regulations, policies and procedures Moderate need	NYS Social Services agency law, regulations, policies and procedures Fairly low need	NYS Social Services agency law, regulations, policies and procedures Low or no need
Trauma-informed legal representation	Trauma-informed legal representation Very great need	Trauma-informed legal representation Fairly great need	Trauma-informed legal representation Moderate need	Trauma-informed legal representation Fairly low need	Trauma-informed legal representation Low or no need
Implicit Bias	Implicit Bias Very great need	Implicit Bias Fairly great need	Implicit Bias Moderate need	Implicit Bias Fairly low need	Implicit Bias Low or no need
Dynamics of child neglect and abuse	Dynamics of child neglect and abuse Very great need	Dynamics of child neglect and abuse Fairly great need	Dynamics of child neglect and abuse Moderate need	Dynamics of child neglect and abuse Fairly low need	Dynamics of child neglect and abuse Low or no need
Child development	Child development Very great need	Child development Fairly great need	Child development Moderate need	Child development Fairly low need	Child development Low or no need
Attachment/bonding theory	Attachment/bonding theory Very great need	Attachment/bonding theory Fairly great need	Attachment/bonding theory Moderate need	Attachment/bonding theory Fairly low need	Attachment/bonding theory Low or no need
Parental engagement	Parental engagement Very great need	Parental engagement Fairly great need	Parental engagement Moderate need	Parental engagement Fairly low need	Parental engagement Low or no need
Education/Special education law	Education/Special education law Very great need	Education/Special education law Fairly great need	Education/Special education law Moderate need	Education/Special education law Fairly low need	Education/Special education law Low or no need
Mental illness	Mental illness Very great need	Mental illness Fairly great need	Mental illness Moderate need	Mental illness Fairly low need	Mental illness Low or no need
Substance abuse	Substance abuse Very great need	Substance abuse Fairly great need	Substance abuse Moderate need	Substance abuse Fairly low need	Substance abuse Low or no need
Termination of parental rights	Termination of parental rights Very great need	Termination of parental rights Fairly great need	Termination of parental rights Moderate need	Termination of parental rights Fairly low need	Termination of parental rights Low or no need
Law practice management	Law practice management Very great need	Law practice management Fairly great need	Law practice management Moderate need	Law practice management Fairly low need	Law practice management Low or no need

Other (please specify)

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* 14. From what sources have you received training/CLE in the past two years?

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* 15. Please rate your need for the following to enable you to provide high quality mandated parental representation:

	Very great need	Fairly great need	Moderate need	Fairly low need	Low or no need
Clerical and administrative support	Clerical and administrative support Very great need	Clerical and administrative support Fairly great need	Clerical and administrative support Moderate need	Clerical and administrative support Fairly low need	Clerical and administrative support Low or no need
Non-attorney professionals such as experts, social workers, parent advocates, etc.	Non-attorney professionals such as experts, social workers, parent advocates, etc. Very great need	Non-attorney professionals such as experts, social workers, parent advocates, etc. Fairly great need	Non-attorney professionals such as experts, social workers, parent advocates, etc. Moderate need	Non-attorney professionals such as experts, social workers, parent advocates, etc. Fairly low need	Non-attorney professionals such as experts, social workers, parent advocates, etc. Low or no need
Free legal research resources	Free legal research resources Very great need	Free legal research resources Fairly great need	Free legal research resources Moderate need	Free legal research resources Fairly low need	Free legal research resources Low or no need
Paralegal assistance	Paralegal assistance Very great need	Paralegal assistance Fairly great need	Paralegal assistance Moderate need	Paralegal assistance Fairly low need	Paralegal assistance Low or no need
Investigators	Investigators Very great need	Investigators Fairly great need	Investigators Moderate need	Investigators Fairly low need	Investigators Low or no need
Interpreters	Interpreters Very great need	Interpreters Fairly great need	Interpreters Moderate need	Interpreters Fairly low need	Interpreters Low or no need
Back-up support needs (e.g., research, practice advice, brief bank, etc.)	Back-up support needs (e.g., research, practice advice, brief bank, etc.) Very great need	Back-up support needs (e.g., research, practice advice, brief bank, etc.) Fairly great need	Back-up support needs (e.g., research, practice advice, brief bank, etc.) Moderate need	Back-up support needs (e.g., research, practice advice, brief bank, etc.) Fairly low need	Back-up support needs (e.g., research, practice advice, brief bank, etc.) Low or no need

Other Needs (please specify)

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* 16. Please rate the need, generally, for the following to enable high quality mandated parental representation:

	Very great need	Fairly great need	Moderate need	Fairly low need	Low or no need
More panel/assigned/18-B attorneys	More panel/assigned/18-B attorneys Very great need	More panel/assigned/18-B attorneys Fairly great need	More panel/assigned/18-B attorneys Moderate need	More panel/assigned/18-B attorneys Fairly low need	More panel/assigned/18-B attorneys Low or no need
More institutional providers	More institutional providers Very great need	More institutional providers Fairly great need	More institutional providers Moderate need	More institutional providers Fairly low need	More institutional providers Low or no need
Increase in compensation for hourly and salaried attorneys	Increase in compensation for hourly and salaried attorneys Very great need	Increase in compensation for hourly and salaried attorneys Fairly great need	Increase in compensation for hourly and salaried attorneys Moderate need	Increase in compensation for hourly and salaried attorneys Fairly low need	Increase in compensation for hourly and salaried attorneys Low or no need
Increase in compensation for non-attorney professionals	Increase in compensation for non-attorney professionals Very great need	Increase in compensation for non-attorney professionals Fairly great need	Increase in compensation for non-attorney professionals Moderate need	Increase in compensation for non-attorney professionals Fairly low need	Increase in compensation for non-attorney professionals Low or no need
Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials	Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials Very great need	Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials Fairly great need	Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials Moderate need	Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials Fairly low need	Independent oversight agency to coordinate resources such as training, supervision, mentoring, and access to non-attorney professional services, research assistance, and sample filings and other legal materials Low or no need
Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.)	Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.) Very great need	Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.) Fairly great need	Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.) Moderate need	Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.) Fairly low need	Specialized panels for certain types of cases (e.g., abuse/neglect, family offense, custody/visitation, etc.) Low or no need
Conflict-free, independent financial entity to provide client financial eligibility screening	Conflict-free, independent financial entity to provide client financial eligibility screening Very great need	Conflict-free, independent financial entity to provide client financial eligibility screening Fairly great need	Conflict-free, independent financial entity to provide client financial eligibility screening Moderate need	Conflict-free, independent financial entity to provide client financial eligibility screening Fairly low need	Conflict-free, independent financial entity to provide client financial eligibility screening Low or no need

Other needs (please specify)

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* 17. What are your top 3 reform suggestions to improve the quality of mandated parental representation?

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* 18. What would you most like the Commission members to know about your daily practice and outcomes for your clients?

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* 19. How many years have you been practicing as an attorney in New York State?

0 to 5 years

6 to 10 years

11 to 20 years

21 to 30 years

30 years or more

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* 20. How many years have you been providing mandated parental representation in New York State? (Mandated parental representation is defined as free legal services in family court matters under Family Court Act sec. 262.)

0 to 5 years

6 to 10 years

11 to 20 years

21 to 30 years

31 years or more

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* 21. Please provide your name, email address and telephone number if you are interested in providing additional information about your practice and ideas for reform to the Commission/ILS.

Name:

Telephone:

email: