MEETING CLIENTS WHERE THEY ARE – The Benefits of Home Visiting Attorneys

By LCE Senior Attorney Catherine Yourougou, Esq.

I am ushered in to what used to be the living room, now a converted bedroom with a medical bed. My client’s bed is inclined, and she smiles brightly as she sees me. We have talked twice on the phone, once to setup the appointment, once yesterday to confirm. I smile brightly back as her aide removes the remnants of her breakfast and points me to a chair.

“I’ll stand,” I say, as I walk closer to my client to shake hands and exchange greetings. I admire the portraits and pictures on the wall. I ask a few questions about them, and my client responds with fondness, providing a window into her past. After a few minutes, we get down to business.

Before the pandemic, this was a typical attorney appointment. For six years, I was a home visiting attorney at Legal Counsel for the Elderly (LCE), an affiliate of AARP. I was part of the Homebound Elderly Legal Project (Project HELP), launched in 2007 to address the growing need for legal services among homebound and elderly clients. Project HELP serves low-income seniors who are unable to leave their homes due to physical disabilities. This includes those who are in private homes, assisted living facilities, nursing homes, and hospitals.

LCE recognizes that homebound individuals are at higher risk of isolation, losing their quality of life, and falling victim to scams or abuse. Their disabilities prevent them from getting legal services at an attorney’s office. They may wait until their legal issues become complex before reaching out to an attorney for assistance.

While conducting home visits, I have noted the following main benefits for a productive client-centered representation.

1.???? Attorneys can build a better a relationship with their clients.

When clients come to an attorney’s office, they come into an unfamiliar setting. It can be intimidating. When you conduct a home visit, the clients are in familiar territory. A comfortable client is more likely to be open and honest with their attorney. They are also more likely to be open to options the attorney proposes.

It is also much easier to build a good rapport with a client in their home. In the comfortable home setting, attorneys can break the ice with a nervous client with comments on family pictures and furniture. Clients with diminished capacity can also become disorientated in unfamiliar settings. A home visit keeps the clients grounded.

2.???? Attorneys can more easily gather documents and evidence.

In a traditional office setting, clients must remember to bring all their documents and evidence. If they forget, they must find a way to get the documents to the attorney. Not everyone has access to email or scanners. Relying on the mail can take time and be costly if there are numerous documents.

A home visit makes it simpler to gather all documents, since clients already have it in their homes. With mobile scanning apps, clients can also keep the originals while attorneys get the copies. This is especially important if the client will need the originals. The attorney can review them with the clients, discover any additional documents or evidence that may be needed. The client may have it readily available.

3.???? Attorneys can identify new client issues.

When clients come to the attorney’s office, they focus on the matter at hand. There is a set amount of time for the appointment, it would not do to get distracted with other matters.

However, at home visits, an attorney can identify other legal issues some clients may not realize. Attorneys can issue spot more easily in someone’s home than in the office. For example, you can confirm housing conditions when you enter the home; a stack of overdue bills may point to the need for a Financial Power of Attorney or assistance with debt collection relief.

Since clients are also more comfortable in their home, they may ask you to help them with a troubling demand letter received in the mail. Clients may also be open to reveal struggles on meeting their basic needs, like lack of food in their fridge.

Tips for a Successful In-Home Visit

There are challenges to conducting a home visit. These challenges can be overcome with a few simple steps.

1.???? Attorney-client privilege.

When in someone else’s home or in congregate settings like nursing homes, it is harder to ensure confidentiality and privilege. You never know who is listening at the door or who will pop in the room for a visit in the middle of an appointment.

To overcome this challenge, attorneys should speak with the client prior to the visit. For homebound clients, I make sure they understand my duty of confidentiality and attorney-client privilege. Before visiting, I get confirmation on who else will be in the home and establish that at least in the beginning, we meet privately.

With nursing home clients, I also coordinate with the social worker to get a private room if they have a roommate. Nursing homes are now encouraging appointments in private rooms following the Covid-19 epidemic.

2.???? Safety and hygiene during a home visit.

Home visits can include safety and health concerns and an attorney will step into an unfamiliar home. LCE has established protocols that include informing colleagues of the visit including the address, always carrying a mobile phone. Before a visit, an attorney should find out who will be in the home and ask clients to secure pets.

To prevent the spread of germs and diseases, attorneys should always carry hand sanitizer and wash hands with soap and water when possible.

Attorneys who work with older adults and those with physical disabilities should strongly consider making home visits to their most vulnerable clients. I find that the benefits of increased rapport and the ease in gathering documents outweigh the inconvenience of making a visit.

DC residents who are 60-years and older, and meet LCE’s income eligibility guidelines, may contact LCE to request assistance with estate planning legal documents. We can be found online at www.aarp.org/LCE or through the LCE Legal Hotline at 202-434-2120, Monday – Friday, 9:30 a.m. to 3:30 p.m.

To volunteer as a pro bono attorney, please email LCE’s Pro Bono Access to Justice Practice at [email protected].