Assigned Counsel and Fee Waiver Bot

By Alessandra Ambrogio

I wrote a bot, and you can find it here. To write my bot, we used a tool called QnA Markup. Basically, you create an interactive dicision tree by nesting questions and answers. Here's my code.

I. User Testing

a. Peer-User Testing and Attorney Testing:

The feedback provided me by Charmaine Wood was invaluable. It is really important to have the perspective of an unbiased party to see where a (possibly) pro-se litigant may get into trouble while filling out the chatbot. Because of Charmaine's feedback, I added information via links to make sure users have clarity. I was also able to tweak some wording to make it as easy access as possible without "dumbing it down" too much.

b. Conversations Between Myself and Charmaine Wood:

aambrogio [5:36 PM] Partner Feedback: (1) I seem to qualify but I am unsure. It was a little confusing. (2) I seem to qualify, but the same confusion exists. (3) Cannot be determined. (4) I seem to qualify, but same confusion. (5) Again, I seem to qualify but the same confusion. Maybe there are some prompts missing?

----- Sunday, September 17th ----- cwood3 [6:02 PM] Partner feedback: cwood3 [5:56 PM] Hey there. I was able to go through your QnA and have the following comments. It was a very helpful tool and was easy to navigate. Great job!

[6:00] 1.) It was determined that the individual would qualify. The only thing that slipped me up was the question asking if the individual could afford a lawyer. I know that in must cases it would be black and white but I also believe that it would be dependent on the individual's own belief. I feel like maybe this should a little clearer and more specific. 2.) It was determined that the individual would not qualify. Please refer to the above comment. 3.) It was determined that the individual would not qualify. 4.) It was determined that the individual would not qualify. I am not sure what legal disabilities refers to, so I did not know how to answer the question honestly. Maybe include specific examples or something like that.

[6:02] 5.) This one was difficult for me to determine based on the description of the individual because it could go either way based on how the other resources question was answered. I was not sure what other resources would be referring to.

[6:02] Overall, you did a great job! :slightly_smiling_face:

----- Monday, September 18th ----- aambrogio [12:58 PM] Thank you so much for the feedback. I want to give you more feedback so that you have some direction

[12:59] Just to have this on both chats: Partner Feedback: You have at least one misspelling (Where instead of Were you determined to be indigent). What jurisdiction are you in? Also, if I don't already determine my indigence through an investigation, I seem to be stuck.

[5:17] Would someone be able to know if there was a fine or imprisonment from conviction if they were pro se? B/c I honestly have no idea in the hypotheticals... That may be my error of course but thought I would ask

c. Attorney Feedback:

I emailed and submitted emails to three separate attorneys. The only person who got back to me was Attorney Cherry. I have saved a screenshot of the submission form with other work and I have attempted to include a link here:

Emails between myself and Attorney Cherry from Georgia:

dianecherryesq@gmail.com on behalf of Diane Cherry diane@cherrylawoffice.com Reply all| Wed 9/6, 12:26 PM Alessandra M Ambrogio Sounds like an interesting project.

I would be happy to review the final product when it is ready.

Thanks,

Diane Diane Cherry, Esq.

1301 Shiloh Road, Suite 1620 Kennesaw, GA 30144 770-444-3399-Phone 770-444-3376-Fax diane@cherrylawoffice.com

Alessandra M Ambrogio | Wed 9/6, 12:27 PM Dear Ms. Cherry, Esq.,

Thank you so much for the good news! I look forward to sending you the project. Truly, thank you so much.

Sincerely,

Alessandra Ambrogio

Sent from my iPhone

Alessandra M Ambrogio Reply all| Today, 1:56 PM Diane Cherry diane@cherrylawoffice.com Dear Attorney Cherry,

Thank you so much again for agreeing to look over the ChatBot that I have created for Coding the Law class. I have provided a link below. Any feedback is most appreciated. Let me know if you have any questions or comments.

https://www.codingthelaw.org/Fall_2017/work/aambrogio/p1/bot.html

Sincerely,

Alessandra Ambrogio

Alessandra Ambrogio JD Candidate 2018 Family Advocacy Clinic Suffolk University Law School

This email message may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

Alessandra M Ambrogio Reply all| Today, 1:59 PM Diane Cherry diane@cherrylawoffice.com I apologize, Attorney Cherry,

I left a few notes off of the last email.

One of the questions I have for you is what would I need to change so that you feel comfortable sharing this with your colleagues or would-be clients? Of course, you don't have to share it, but I want to make sure this project is as client-ready or colleague-ready as possible. Secondly, I am just trying to gauge how comfortable you are with the project.

Thank you again!

Sincerely,

Alessandra Ambrogio

Alessandra Ambrogio JD Candidate 2018 Family Advocacy Clinic Suffolk University Law School

This email message may contain legally privileged and/or confidential information. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s), you are hereby notified that any dissemination, distribution or copying of this e-mail message is strictly prohibited. If you have received this message in error, please immediately notify the sender and delete this e-mail message from your computer.

SideNote: I am patiently awaiting a response. Hopefully she will respond before the due date of this project, Wednesday, September 27, 2017. If not, I will submit her response separately to Professor Colarusso and update this notebook as needed. I will include attorney feedback as to real-world viability below. Anything Copy/Pasted is included with a link and quotations marks.

d. Possible Lawyers EMAILED / Forms Submitted if no email listed:

Pro Bono Director Michael L. Monahan, Esq. mikem@gabar.org (404) 527-8762

Dear Mr. Monahan,

My name is Alessandra Ambrogio. I am a law student at Suffolk University Law School in Massachusetts. I am currently in a class called "Coding the Law." For our first project, we have been asked to create a "chatbot" to help indigent clients fill out fee waiver forms and determine indigence in the state of our choosing. I have chosen Georgia. I was writing to you to see if you would consider looking at my final project and give feedback in about three weeks.

Sincerely,

Alessandra Ambrogio

The Cohen Law Firm 2300 Henderson Mill Road NE Suite 412 Atlanta, Georgia 30345 Phone: 404-919-7096

To whomever this may concern: My name is Alessandra Ambrogio. I am a law student at Suffolk University Law School in Massachusetts. I am currently in a class called "Coding the Law." For our first project, we have been asked to create a "chatbot" to help indigent clients fill out fee waiver forms and determine indigency in the state of our choosing. I have chosen Georgia. I was writing to you to see if you would consider looking at my final project and give feedback in about three weeks.

Diane Cherry 1301 Shiloh Rd NW Suite 1620 Kennesaw, GA 30144 (770) 444-3399 770-444-3376 (fax) http://www.cherrylawoffice.com/diane-cherry

Hello Ms. Cherry, Esq. My name is Alessandra Ambrogio. I am a law student at Suffolk University Law School in Massachusetts. I am currently in a class called "Coding the Law." For our first project, we have been asked to create a "chatbot" to help indigent clients fill out fee waiver forms and determine indigency in the state of our choosing. I have chosen Georgia. I was writing to you to see if you would consider looking at my final project and give feedback in about three weeks.

II. Research and Refinement

In this section I have included my mountain of research and links which helped me to focus and expand my chatbot.

Project 1 Part 1: Georgia Law: Rules on fee waivers and assigned counsel

http://law.justia.com/codes/georgia/2010/title-17/chapter-12/article-1/17-12-2

"(6) "Indigent person" or "indigent defendant" means:

(A) A person charged with a misdemeanor, violation of probation, or a municipal or county offense punishable by imprisonment who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person or his or her dependents;

(B) A juvenile charged with a delinquent act or a violation of probation punishable by detention whose parents earn less than 125 percent of the federal poverty guidelines unless there is evidence that the juvenile or his or her parents have other resources that might reasonably be used to employ a lawyer without undue hardship on the juvenile, his or her parents, or the parent's dependents; and

(C) A person charged with a felony who earns or, in the case of a juvenile, whose parents earn, less than 150 percent of the federal poverty guidelines unless there is evidence that the person has other resources that might reasonably be used to employ a lawyer without undue hardship on the person, his or her dependents, or, in the case of a juvenile, his or her parents or the parent's dependents.

In no case shall a person whose maximum income level exceeds 150 percent of the federal poverty level or, in the case of a juvenile, whose household income exceeds 150 percent of the federal poverty level be an indigent person or indigent defendant."

https://aspe.hhs.gov/poverty-guidelines

48 States and DC aka GEORGIA TOO

Person/Poverty Guideline

100% 125% 150%

1 = $12,060 1 = 15,075 1 = 18,090 2 = $16,240 2 = 20,300 2 = 24,360 3 = $20,420 3 = 25,525 3 = 30,630 4 = $24,600 4 = 30,750 4 = 36,900 5 = $28,780 5 = 35,975 5 = 43,170 6 = $32,960 6 = 41,200 6 = 49,440 7 = $37,140 7 = 46,425 7 = 55,710 8 = $41,320 8 = 51,650 8 = 61,980

Subtraction -> $4,180 Subtraction -> $5,225 Subtraction -> $6,270

https://www.merlinusmonroe.com/2012/08/06/filing-as-an-indigent-in-georgia-courts/

"The Georgia Code provides for what is known as an “Affidavit of Indigency” at Code Section 9-15-4. That section states as follows: (a) A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of his indigence to pay the fee and the party files with the clerk an affidavit to such effect. (b) The deposit required to be filed by this Code section shall not affect any other law which requires a deposit in excess of or in addition to the deposit of cost required by this Code section. (c) Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2. …this is a standard which is evaluated by the judge hearing the case according to objective standards AND his or her opinion, as well as the arguments made against the indigent status of the filer by the other party. This issue was discussed in Mitchell v. Cancer CarePoint, Inc., 299 Ga.App. 881, 683 S.E.2d 923 (2009)…

The other party’s failure to oppose an Affidavit of Indigency doesn’t mean that it is automatically granted; the judge themselves evaluates it, too, and it may fail on its own strength. Also, the point raised in Section 9-15-14(a) above is reaffirmed – the papers don’t get filed at all unless they are accompanied by the proper filing fee or an approved affidavit of indigency."

Also: O.C.G.A. § 15-6-77

"• (d) Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service. • (e) Costs in civil cases: o (1) As used in this subsection, the term "civil cases" shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section. o (2) Except as provided in paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions."

http://law.justia.com/codes/georgia/2015/title-42/chapter-8/article-6/section-42-8-102

"(B) "Indigent" means an individual who earns less than 100 percent of the federal poverty guidelines unless there is evidence that the individual has other resources that might reasonably be used without undue hardship for such individual or his or her dependents."

Forms:

https://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/A3FBEDA9-FB50-4670-B4D9-F6543139B328/303031pauper-aff-and-order.pdf

Go with the Flow(chart):

Where are we going? List possible outcomes.

1. Identify and list your desired end states. For example, if your flowchart is trying to answer a question with a Yes or No answer, Yes and No are your two end states. If your system is trying to direct people to a single resource out of many, the end states are each of the resources to which you could direct a user.

The desired end state is whether the individual is or is not indigent in order to qualify for fee waivers and appointment of counsel (either civil or criminal).

What do we need to know? List possible questions.

1. Determine what questions you need answered in order to determine a user’s end state (e.g., which documents they will get). When creating documents, these questions will include those needed to fill in all of the form’s “blanks.” More on this later in the semester.

Are you, a resident of the State of Georgia, without resources to pay court costs and other costs associated with litigation?

Is the pending action a civil or criminal matter?

(Civil) Are you over the age of 18? Do you suffer from any legal disabilities?

(Civil: Not yet included in QnA) What county are you bringing this action in? What is your full name? Do you give this affidavit from personal knowledge? What is your monthly income? What are your monthly expenses? What do you pay for rent each month? How much do you spend on food each month? How much do you spend on utilities each month? How much do you spend on transportation each month? How much do you spend on clothes each month? What are your total expenses per month based on general expenses, rent, food, utilities, transportation, and clothing? What is today’s date? Day ( ) Month (_) and Year (20 ).

(Criminal) Are you the defendant in the criminal action? Can you afford a lawyer to assist you in your defense? What is your full name? What is today’s date? What county is the criminal action being brought in? Are you in jail? Are you out on bond? Were you arrested? If so, what was the arrest date? What is your telephone number? What is your mailing address? When is your birth date? How old are you? What is your social security number? (This is required on the form to be submitted to the court). What is your highest grade of school completed? Are you employed? By whom are you employed? (Or) How long have you been unemployed? What are your other sources of income due and what are the amounts received per week or per month? (Examples: Unemployment compensation, welfare, disability income) What is your take home pay? Are you married? Is your spouse employed? By whom? What is your spouse’s net income per week? Do you have any children? How many? What ages? Do you have any dependents other than your spouse or children in the home? What are their names, their relationship to you, and the amount contributed to support them? Do you own a motor vehicle? What is the year and model? How much do you owe on it? Do you own a home? What is that home’s value? How much do you owe on it? How much is your house or rent payment each month? Do you have a checking account? Please list it. What is the amount of the deposits? Do you have a savings account? Please list it. What is the amount of the deposits? Do you have other deposits with any bank or financial institution? Please list it. What is the amount of the deposits? Do you have any other assets or property (such as real estate, jewelry, notes, bonds, or stocks)? Are you in debt? (List indebtedness and amount of payments) Do you have any extraordinary living expenses (such as regularly occurring medical expenses)? (List them and the amounts) Do you pay child support under any court order? If so, how much? Do you understand that, whether you are convicted or acquitted, the County that the action is being brought in may seek reimbursement of attorney’s fees paid for you if you become financially able to pay/reimburse the county (even if you refuse to do so)? Are the answers to the above questions correct and true? Do you swear that the information provided is true and correct? Do you understand that a false answer to any item may result in a charge of perjury?

More Research:

Civil: http://law.justia.com/codes/georgia/2010/title-9/chapter-15/9-15-2 "2010 Georgia Code TITLE 9 - CIVIL PRACTICE CHAPTER 15 - COURT AND LITIGATION COSTS § 9-15-2 - Affidavit of indigence; effect; how contested; finality of court's judgment; inquiry on court's own motion; order to pay costs; effect on merits; procedure when filing party not represented by counsel O.C.G.A. 9-15-2 (2010) 9-15-2. Affidavit of indigence; effect; how contested; finality of court's judgment; inquiry on court's own motion; order to pay costs; effect on merits; procedure when filing party not represented by counsel

(a) (1) When any party, plaintiff or defendant, in any action or proceeding held in any court in this state is unable to pay any deposit, fee, or other cost which is normally required in the court, if the party shall subscribe an affidavit to the effect that because of his indigence he is unable to pay the costs, the party shall be relieved from paying the costs and his rights shall be the same as if he had paid the costs.

(2) Any other party at interest or his agent or attorney may contest the truth of an affidavit of indigence by verifying affirmatively under oath that the same is untrue. The issue thereby formed shall be heard and determined by the court, under the rules of the court. The judgment of the court on all issues of fact concerning the ability of a party to pay costs or give bond shall be final.

(b) In the absence of a traverse affidavit contesting the truth of an affidavit of indigence, the court may inquire into the truth of the affidavit of indigence. After a hearing, the court may order the costs to be paid if it finds that the deposit, fee, or other costs can be paid and, if the costs are not paid within the time permitted in such order, may deny the relief sought.

(c) The adjudication of the issue of indigence shall not affect a decision on the merits of the pending action.

(d) When a civil action is presented for filing under this Code section by a party who is not represented by an attorney, the clerk of court shall not file the matter but shall present the complaint or other initial pleading to a judge of the court. The judge shall review the pleading and, if the judge determines that the pleading shows on its face such a complete absence of any justiciable issue of law or fact that it cannot be reasonably believed that the court could grant any relief against any party named in the pleading, then the judge shall enter an order denying filing of the pleading. If the judge does not so find, then the judge shall enter an order allowing filing and shall return the pleading to the clerk for filing as in other cases. An order denying filing shall be appealable in the same manner as an order dismissing an action."

Criminal:

"- Parties have the right to hire their own attorney. If financially unable to do so, a party may apply for a court-appointed attorney, and the clerk should provide the appropriate forms, if available in a criminal case. The judge will then consider the request and, based on criteria established by the state legislature, determine whether the party is eligible for court-appointed counsel. Some counties have an Indigent Defense Office that addresses appointment of counsel. As rules and guidelines may change, the clerk should not attempt to advise the person whether they qualify as indigent. o http://www.gasupreme.us/wp-content/uploads/2017/06/UNIFORM_MAGISTRATE_COURT_RULES-06_01_17.pdf o also http://statecourt.georgiacourts.gov/content/55%C2%A0%C2%A0%C2%A0%C2%A0%C2%A0-forms

• Rule 26. Appointment of Counsel for Indigent Defendants 26.1. Authority and Purpose This rule is promulgated pursuant to OCGA§ 17-12-4 in order to provide indigent persons with competent legal counsel in criminal proceedings. 26.2. Application For and Appointment of Counsel When an accused person, contending to be financially unable to employ an attorney to defend against pending criminal charges or to appeal a conviction, desires to have an attorney appointed, the accused shall make a request in the form of an application for appointment of counsel and certificate of financial resources, made under oath and signed by the accused. This form shall contain information as to the accused's assets, liabilities, employment, earnings, other income, number and ages of dependents, the charges against the accused and such other information as shall be required by the court. The purpose of the application and certification is to provide the court or its designee with sufficient information from which to determine the financial ability of the accused to employ counsel. Upon a determination of indigency the court shall, in writing, authorize the appointment of counsel for the indigent accused. The original authorization of appointment shall be filed with the clerk of court; a copy of the authorization shall be forwarded to the clerk, court administrator, public defender or such other person designated by the court to assign an attorney to an indigent defendant. Such person shall notify the accused, the appointed attorney, the sheriff and the prosecuting attorney of the appointment. The application for an attorney and certificate of financial resources shall be in substantially the following form: [(See application below)].
• 26.3. Responsibility for Determination of Eligibility The financial eligibility of a person for publicly provided counsel should be determined by the court. The court may appoint counsel in cases where the defendant does not qualify and cannot be provided counsel under provisions of the above.
• 26.4. Uniform Eligibility Guidelines Income eligibility - Eligible accused persons include all applicants for an attorney with net income below a level set by the court as revised periodically. The following special needs of a family unit may be deducted from net income in determining eligibility: (1) Child care expenses for working custodial parents; and, (2) Legally required support payments to dependents, including alimony for the support of a child/children. "Net income" shall include only a client's take-home pay, which is the gross income earned by a client minus those deductions required by law or as a condition of employment. "Family unit" includes the defendant, a spouse, if the couple lives together, any minors who are unemployed and unmarried, and any infirm or permanently disabled person living with the defendant and for whom the defendant has assumed financial responsibility. The income of a minor who is attending school full time, but has after-school employment or does odd jobs, shall 51 not be attributed to that of the family unit. No other persons, even if living within the same household, will be deemed members of the family unit. In the event an accused person is discovered to have been ineligible at the time of the appointment of an attorney, the court shall be notified. The court may discharge the appointed attorney and refer the matter to the private bar. The attorney should be paid for the time spent on the case and recoupment sought from the ineligible person. Regardless of the prima facie eligibility on the basis of income, a person who has sufficient assets that are easily converted to cash by sale or mortgage may not be qualified for representation. The court may appoint counsel for representation for any accused person who is unable to obtain counsel due to special circumstances such as emergency, hardship, or documented refusal of the case by members of the private bar because of financial inability to pay for counsel. If the accused is determined to be eligible for defense services in accordance with approved financial eligibility criteria and procedures, and if, at the time that the determination is made, the accused is able to provide a cash contribution to offset defense costs without imposing a substantial financial hardship either personally or upon dependents, such contribution may be required as a condition of continued representation at public expense. The court should determine the amount to be contributed. The contribution shall be paid directly to the fund for indigent defense of the affected county.
• RULE 29. APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS 29.2 Application and Appointment of Counsel When an accused person, contending to be financially unable to employ an attorney to defend against pending criminal charges or to appeal a conviction, desires to have an attorney appointed, the accused shall make a request in writing to the court or its designee for an attorney to be appointed. The request shall be in the form of an application for appointment of counsel and certificate of financial resources, made under oath and signed by the accused which shall contain information as to the accused’s assets, liabilities, employment, earnings, other income, number and ages of dependents, the charges against the accused and such other information as shall be required by the court. The purpose of the application and certificate is to provide the court or its designee with sufficient information from which to determine the financial ability of the accused to employ counsel. The court may appoint an attorney for an indigent defendant without a written request. The determination of indigency or not shall be made by a judge or a state court or designee. Upon a determination of indigency the court shall, in writing, authorize the appointment of counsel for the indigent accused. The original authorization of appointment shall be filed with the accusation or warrant in the case; a copy of the authorization shall be forwarded to the clerk, court administrator, public defender or such other person designated by the court to assign an attorney to an indigent defendant. Such person shall notify o http://georgiacourts.gov/sites/default/files/Court%20Rules/UNIFORM%20STATE%20COURT%20RULES_8_11.pdf
• WestLaw:
• Effective: July 1, 2015
• Ga. Code Ann., § 17-12-80
• § 17-12-80. Qualification as indigent person; verification
• Currentness
• (a) In order to retain funding as provided in Code Sections 15-21-74 and 15-21A-6, a governing authority shall verify that the applicant qualifies as an indigent person. The governing authority shall establish the methodology for verification and fund such process. The governing authority shall produce auditable information to the council to substantiate its verification process as requested by the council or its director.
• (b) The council shall establish policies to determine approval of an indigent person verification system and shall annually provide written notification to the Georgia Superior Court Clerks' Cooperative Authority as to whether or not a governing authority has an approved indigent person verification system.
• (c) The governing authority shall advise the circuit public defender, if applicable, or the administrator of the indigent defense system for the jurisdiction of the name of each person who has applied for legal services and provide identifying information for those persons who are financially eligible for services within one business day of such person's application for services.
• Credits
• Laws 2008, Act 729, § 41, eff. July 1, 2008; Laws 2011, Act 51, § 15, eff. July 1, 2011; Laws 2015, Act 74, § 7-13, eff. July 1, 2015.
• Ga. Code Ann., § 17-12-80, GA ST § 17-12-80
• The statutes and Constitution are current with legislation passed during the 2017 Session of the Georgia General Assembly. The statutes are subject to changes by the Georgia Code Commission."

III. Real-World Viability

Attorney Feedback from Attorney Cherry: Pending; Email asking for feedback sent to Attorney Cherry on Friday, September 22, 2017.