Motion to Vacate Project

The Motion to Vacate Project (MTV), a project launched by the Volunteer Legal Services Program of The Bar Association of San Francisco (VLSP) in 2011, provides pro bono limited-scope representation for individuals and families facing eviction. The pro bono attorneys gain valuable experience as they develop both Motion drafting and oral argument skills

This VLSP project serves low-income clients who are in crisis, as they face an imminent sheriff’s eviction and a serious risk of homelessness.The cases are all unlawful detainer (eviction) proceedings in a post-judgment posture.

What is limited-scope representation?

“Limited-Scope Representation” refers to a relationship between an attorney and a client in which it is agreed that the scope of the legal tasks to be performed will be limited only to specific tasks – in this instance, until the resolution on the Motion – without requiring legal representation on the entire case. Thus, pro bono attorneys with this project will be attorneys of record, but only for the 2-3 weeks on average that it takes to file a Motion to Vacate and handle the hearing on that Motion.

How does the Motion to Vacate Project work?

VLSP’s staff at the Homeless Advocacy Project (HAP) pre-screens all of the cases, and provides the necessary training, resources and support for the pro bono attorneys to effectively handle this post-judgment Motion and achieve a positive outcome. At the moment, our staff attorneys are handling these Motions, but the work is well-suited to more junior volunteer attorneys. The project also offers the chance to make a real and tangible difference:representation through this project is frequently the key to getting the client back on track and stabilizing a housing crisis.

How can my firm get involved?

The MTV training is available to view on DVD. After taking the training, firms will be added to the volunteer panel and schedule one week every other month or quarter to be assigned 1-2 cases. VLSP’s staff of experienced attorneys provide ongoing support and guidance for each case.

What are the advantages of volunteering with VLSP’s MTV Project?

  • Training and experience for associates
  • Short term pro bono opportunities for experienced litigation attorneys
  • Experience writing motions and associated declarations, as well as arguing the motion in court.
  • Free substantive trainings with MCLE credit and substantive law manuals
  • Access to VLSP’s online library, complete with sample forms
  • Free malpractice insurance for your VLSP matters (primary to your firm’s insurance)
  • Ongoing mentoring from experienced attorneys in certain areas of law
  • A chance to make a difference in someone’s life

Recognition of your firm

VLSP strongly believes in recognizing firms publicly for their pro bono work and may recognize your firm in the following ways:

  • Recognition in VLSP’s monthly eNewsletter, in The Recorder, in BASF’s San Francisco Attorney Magazine, or on BASF’s website
  • Nominating your firm or attorneys in your firm for ABA or California State Bar Awards
  • Naming attorneys in your firm for our Outstanding Volunteer in Public Service Award
  • Profiling your firm’s attorneys who have made extraordinary contributions as “Volunteer of the Month”

VLSP is happy to work with your firm to find a mutually beneficial way to implement this project. We have additional materialsavailable upon request.

Please contact Andrea Fitanides, Pro Bono Manager, at (415) 782-9000 ext. 8714 or to discuss this project further.