Archive for category: Uncategorized

Discrimination/Civil Rights

• California Rural Legal Assistance, mentioned in part 1 of this blog post, also assists individuals with civil rights issues. They are located in Santa Maria and can be reached at (805) 922-4563.
• The American Civil Liberties Union is a nationwide nonprofit organization that assists individuals in legal matters such as first amendment rights, equal protection, due process, and privacy. Their Southern California chapter phone number is (213) 977-9500.

Immigration Law

• Importa is a nonprofit, immigration legal program that represents and provides legal counsel for low-income immigrants looking to obtain citizenship, DACA, adjustment of status, and asylum. They are authorized by the Justice Department. Their phone number is (805) 604-5060. Click here to view their website.
• Every Tuesday, a volunteer attorney appears at the Franklin Neighborhood Center in Santa Barbara from 4-6 to offer free advice on immigration matters as a part of the Legal Aid Foundation’s Project Outreach. Clients are seen on a first come, first serve basis, in fifteen minute intervals. They recommend calling before arrival to ensure an attorney will be present. Doors close at 4pm. They can be reached at (805) 897-2582 and are located at 1136 E. Montecito St.

Resources for Consumers

• The Consumer Debt and Bankruptcy Clinic offers free bankruptcy information and consumer debt advice for individuals who represent themselves. They are located in the US Bankruptcy Courthouse at 1415 State St. in Santa Barbara and are open on Fridays from 10:00 am – 12:00 pm.
• The District Attorney’s Consumer Protection Unit investigates and prosecutes fraudulent and dishonest business practices. The phone number is (805) 568-2300. Forms and more information can be found online here.

Resources for Seniors

• The Department of Social Services helps seniors and dependent adults feel safe in their homes. The full extent of their services can be found on their website here, and their Elder Abuse & Neglect Reporting Hotline can be found at (805) 681-4550 for Santa Barbara, (805) 346-8303 for Santa Maria, and (805) 737-6020 for Lompoc. They are open from 8:00 am to 5:00 pm. If a senior is in immediate danger, call 911.
• The California Senior Legal Hotline provides free legal advice and assistance to seniors and their families over the phone. They can be reached at (800) 222-1753.

If you are in need of an attorney, please contact our Lawyer Referral Service by email at santabarbaralrs@gmail.com or by phone at 805-569-9400. Please keep in mind that our attorneys do not offer free legal advice and it is typical to expect average rates of $350/hr for legal services. However, some cases (personal injury, social security, workers’ compensation, etc.) may be taken on a contingent basis.

The Santa Barbara County Lawyer Referral Service is a free service that will connect a client with an appropriate attorney for a 30 minute consultation. However, the attorney will bill the client per any subsequent arrangements made after this initial meeting. There are a few different ways the attorney may request payment:

Hourly Fees

It is not uncommon for attorneys to charge fees of $350/hr or more. After the initial meeting, an attorney may set up a retainer agreement between the attorney or firm, and the client as a commitment to carry a case through to conclusion. This retainer fee must be paid before the attorney takes on the case. After the court has made a decision, the attorney will bill the client for time spent working on the case.

Contingency

If the client wishes to sue an individual or corporation, it is possible to enter a contingency agreement with an attorney. Contingent fees are fees that are only charged if the lawsuit is successful. An attorney who agrees to contingency will take their payment as a percentage of the amount awarded. Most attorneys, however, will only accept cases on contingency if there is a high probability of success. And often, the client may be responsible for the costs incurred in connection with the case, such as expert witness fees.

Pro Bono

Pro bono publico, which means “for the public good” in Latin, refers to work undertaken voluntarily and without payment as a public service. The Santa Barbara County Lawyer Referral Service does not have any pro bono attorneys.

The method of payment is ultimately a decision the attorney discusses with the Client. Clients can typically expect to pay a retainer and hourly fees.

If you are in need of an attorney, please contact our Lawyer Referral Service by email at santabarbaralrs@gmail.com or by phone at 805-569-9400. Please keep in mind that our attorneys do not offer free legal advice and it is typical to expect average rates of $350/hr for legal services.

A personal injury means you have suffered an injury for which another person or business may be legally responsible for.

What to do after a personal injury:

1.       Seek medical attention and follow the doctor’s suggestions for recovery

2.       Keep a record of any time you have missed from work

3.       If you’re planning on filing a claim, contact the Lawyer Referral Service for help finding an experienced attorney

Common types of Personal injury:

(1) Car accidents: If you were injured in a car accident you may receive compensation for medical bills, lost wages, and related expenses from your insurance company, or the insurance company of the other driver, depending on who was at fault. The best way to determine who was at fault is to give the claims adjuster a clear explanation of what happened.

Some of the things the claims adjuster may review include: the accident police report, whether you sought medical attention, DUI/DWI charges that may be related to the accident, witness testimonies, photographs of the accident, and records that show the wages you lost due to the accident.

Because of this, it is important to document your injuries and take notes of anything you remember about the accident as soon as possible. You may also return to the accident scene to take pictures of anything that may be evidence, and keep records of all your injuries and their effect on your daily life.

(2) Slip and fall: A slip and fall can happen anywhere, and can lead to an injury claim against a person/entity who may have contributed to the accident. There are generally four “fall” injuries that occur: (1) trip and fall – when there is a foreign object in the pathway, (2) stump and fall – when there is an impediment in the walking surface, (3) step and fall – when there is a hole in the walking path, and (4) slip and fall – when the person slips, usually because of a slick surface.

In order to win a slip and fall case, the injured individual must prove the injury resulted from a dangerous or hazardous condition on the property, AND that the owner of the property knew of the condition and failed to correct it OR the owner did not know of the condition even though there was sufficient time for the dangerous condition to be discovered and fixed.

Additional information on slip and fall cases may be found here.

(3) Dog bites: Dog bites and other animal attacks can result in serious injury. If you have been attacked by an animal make sure you document your injuries through photographs, notes, and medical records.  Liability for animal attacks often depends on whether or not the owner of the animal knew about its propensity for violence. In many cases, the owner’s home insurance will cover liability from dog bites. However, this is not true in all cases, and a personal injury lawyer can be helpful to investigate your options further. 

Remember, if you’re looking for an experienced personal injury lawyer, please call the Lawyer Referral Service at (805) 569-5511.

[This post is part one of two blogs on frequently asked immigration questions]

I am a permanent US resident – how do I apply for US citizenship?

If you have been a permanent resident (green card holder) for at least 5 years, you may be eligible to apply for naturalization.

You must meet the following requirements:
– be at least 18 years oldm

– have lived within the USCIS district with jurisdiction over your place of residence for at least 3 months prior to the application filing,

– have been physically present in the United States for at least 30 months on the 5 most recent years,

– reside in the United States from the date of naturalization application until the time of naturalization,

– be able to read, write, and speak English, and have knowledge of U.S. history and government.

This worksheet from the U.S. Citizenship and Immigration Services (USCIS) is helpful to determine your eligibility for naturalization: Eligibility Worksheet

If you’re looking for a lawyer to help out with immigration questions, make sure to contact the Santa Barbara County Bar Association’s Legal Referral Service at (805) 569-5511.

Sometimes landlord-tenant relations can be complicated, especially when talking about something like evictions, known legally as unlawful detainers. Here’s some general information that may provide some clarification:

In the state of California, a landlord may evict a tenant if they:

1.    Fail to pay the rent on time;

2.    Break the rental agreement and will not fix the problem (i.e. having pets when no pets are allowed);

3.    Damage property and thereby lower the property value;

4.    Disturb other tenants to the point of being a nuisance, even after being asked to stop;

5.    Use the property to do something illegal;

6.    Stay after the rental agreement is up; or

7.    If the landlord cancels the agreement and gives proper notice.

The landlord must give the tenant proper written notice. If the notice allows the tenant to correct the problem (i.e. paying back rent), the eviction may only occur if the tenant does not do what the notice asks. Otherwise, the landlord may file an unlawful detainer case when the notice period ends. Landlords must go to court and get a court order directing the tenant to move out in order to legally evict the tenant.

Even after being given written notice, a tenant still has rights. Without a court order, a landlord may not:

1.    Physically remove the tenant;

2.    Remove any of the tenant’s physical property;

3.    Lock the tenant out;

4.    Cut off the tenant’s utilities;

5.    Remove outside windows or doors; or

6.    Change locks.

Eviction process

A landlord may serve a 3, 30, 60, or 90 day notice, depending on the tenant’s situation. If the tenant does not vacate with the notice period, the landlord has the option to pursue eviction action. When a landlord serves an unlawful detainer suit, the tenant must file a response within 3 days. A trial will be scheduled within 20 days of the landlord’s request. If the landlord wins the suit, the tenant usually has 5 days to move out, depending on when the lock-out order is posted. The lock-out order allows the tenant to be locked out if their belongings have not left the premises within 5 days of posting. Further, all evictions are added to your credit report under “public records” which may make renting or buying a residence difficult.

Finding help

Landlords and tenants are not required to have a lawyer during an unlawful detainer suit However, evictions may be complicated, especially with strict court rules and forms you must file and serve. If you’re interested in getting legal help with your situation, whether you’re a landlord or tenant, give the Santa Barbara Lawyer Referral Service a call at 805-569-9400.