- Getting Started on your Non-Payment Eviction Case
- Negotiating with Landlords
- Drafting Agreements and Stipulations
- Drafting FED Court Documents
- Preparing a Client for an Eviction Hearing
- Attend weekly, drop-in, virtual mentoring to get support on your case
1. Getting Started on your Non-Payment Eviction Case:
A. Initial Training on Covid-19 Eviction Cases
(a) NHLP Summary and Analysis of Federal CARES Act Eviction Moratorium.
(b) CO Database of Fannie Mae, Freddie Mac and FHA Multifamily Properties covered by the CARES Act.
B. Communicating with your Client
If a client needs an interpreter CLS will provide the volunteer with access to our telephone interpretation service.
C. Secondary Trauma
Our clients are often facing multiple crises at one time as a result of poverty. As an attorney you may be able to help with the legal issues, but unable to help with the other traumas our clients may be experiencing. This can be an emotionally difficult position, so please check in with yourself and exercise self-care.
Resources for Secondary Trauma:
2. Negotiating with Landlords:
A. Watch Training: Best Practices for Negotiating with Landlords in Non-Payment Eviction Cases
B. Cheat Sheet: Negotiating with Landlords in Non-Payment Eviction Cases.
3. Drafting Agreements and Stipulations
A. Watch Training: Drafting Agreements and Stipulations for a Nonpayment Eviction
B. Cheat Sheet: Drafting Agreements and Stipulations for a Nonpayment Eviction
C. How to ethically draft documents for pro se parties: C.R.C.P. 311(b) – If an attorney helps a pro se party draft a legal document, that document must include the attorney's name, address, phone number and attorney registration number.
EXAMPLE: This answer was prepared with assistance from Leslie Knope, Atty. Reg. #: 12345, 1905 Pawnee St. Denver, CO 80203, (303) 123-4561. My assistance on this document does not establish me as the attorney of record so please continue sending all case correspondence to the defendant.
(a) ADD the above sentence at the end of the body of the document.
(b) DO NOT include your name in the caption, put client’s name and info in the caption.
(c) The last sentence in the above example is not required under the ethical rule, but it can help prevent the courts from mistakenly making you the attorney of record.
If you help a client fill out a JDF form and do not modify the form, then you do not have to include your attorney information.
4. Drafting Eviction Court Documents
A. Watch Training: Preparing FED Court Documents for Non-payment of Rent Cases.
B. Cheat Sheet: Preparing FED Court Documents for Non-payment of Rent Cases.
C. Links to JDF forms covered in the training:
JDF 3 CRCCP - Answer Under Simplified Civil Procedure
JDF 1314 - Motion to Dismiss (this is the general motion form)
JDF 205 - Motion to File Without Payment
JDF 206 - Finding and Order Concerning Payment of Fees
JDF 109 - Affidavit to Support Claim for a Breach of the Warranty of Habitability
D. How to ethically draft documents for pro se parties (see above section on drafting agreements and stipulations).
5. Preparing a Client for an Eviction Hearing
A. Watch Training: Preparing a Pro Se Party for a Nonpayment Eviction Hearing
B. Cheat Sheet: Preparing a Pro Se Party for a Nonpayment Eviction Hearing
6. Attend weekly, drop-in, virtual mentoring to get support on your case:
- Every Friday from noon to 1:00, join virtual mentoring and ask questions or get advice from one of the CLS housing attorneys about your pro bono case.
- Check your original case email for the zoom login or e-mail Jen Cuesta here to get the login.
Thank you again for volunteering to prevent rural evictions. If you have questions about your case or need support please contact Jen Cuesta, the Rural Pro Bono Program Attorney, here.