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Attorney-assigning program in trouble as glitches hit NYC’s new online billing system
By
Samantha Max
Published Aug 24, 2023
Modified Aug 24, 2023
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By
Samantha Max
Published Aug 24, 2023
Modified Aug 24, 2023
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Private attorneys assigned to represent New Yorkers who can’t afford a lawyer say an overhaul of New York City’s online billing system is riddled with technological glitches that have made it difficult to keep track of cases and get paid.
They say the tech issues are burdening these lawyers — sometimes known as assigned counsel — who are juggling heavy caseloads in both criminal and family court.
While many defendants who can’t pay for legal representation are assigned public defenders, New York law requires counties to assign private attorneys in certain court cases when public defenders aren’t available. These so-called 18-b attorneys, who are named for the law that created the program, work in both criminal and family court. Their pay comes from a combination of state and local funding, which they receive by submitting paperwork detailing their work hours and any additional expenses they have incurred.
For years, 18-b lawyers in New York City have used the same online system to sign up for cases, track their proceedings and submit vouchers for payment. But this summer, the city rolled out a new web portal that several attorneys told Gothamist has so many bugs it is nearly impossible to use.
“We are painfully aware of the problems that they are having now with the new web page rollout,” said Samuel Braverman, an 18-b attorney who sits on the board of the Bronx County Bar Association. “It certainly would have been better if this had been debugged before it went live or was tested simultaneously with the prior program.”
Braverman and five other attorneys described a host of issues, including missing records of cases and invoices. Many expressed concerns about small glitches, like a nonfunctional drop-down menu, that had outsized impacts on their ability to perform tasks that are necessary to complete essential paperwork.
Several lawyers said they have not been able to submit invoices to get paid since the new system went online. Attorney Glenn Hardy said he is out thousands of dollars and is not sure what will happen if the issues aren’t resolved by the first of September, when bills for college tuition and work-related expenses, like his phone, come due.
“I’m not sure how the 18-b panel expects us to operate if we’re working for free,” he said.
Attorneys said challenges with payment could drive participants away from the program, which they said is already grappling with a shortage of participants.
The breakdown in the invoicing system comes on the heels of 18-b attorneys’ first pay raise in nearly two decades. Earlier this year, state legislators agreed to up the hourly wage from $60 an hour for misdemeanors or lesser crimes and $75 for felonies, appeals and family court cases to $158 for all types of work. The state also agreed to cover 50% of local spending on the increased pay rate this fiscal year.
‘So many glitches’
One lawyer, who asked not to be named because he worried it could jeopardize his ability to be assigned cases, said he sometimes works past midnight but the new system can’t accurately record the hours — because the time spans two calendar days. Attorney Bill Cember said the system made it difficult to bill for work completed during the hour when most courts take a lunch break. Hardy said the system isn’t allowing him to submit a voucher to get reimbursed for expenses, because it says he hasn’t uploaded a receipt — even though he already has.
New York City agreed to pay Virginia-based company Arbola Inc. $3.63 million to create the new web portal, according to records from the city comptroller’s office. The company describes itself on its website as “one of the fastest growing businesses in America” and touts extensive experience with local, state and federal contracts.
The city has also hired Arbola Inc. for other projects in the past, including serving as a Salesforce consultant for the Department of Social Services and helping the Office of the Chief Medical Examiner with a “physical security project,” according to Checkbook NYC.
The Mayor’s Office of Criminal Justice did not respond to a list of questions, including how it selected Arbola Inc. as a vendor and what measures are being taken to address the issues. Arbola Inc. has not responded to multiple requests for comment.
Lawyers said they knew there would be a learning curve for the new system, like there is for any unfamiliar technology. In anticipation of that learning curve, the city provided attorneys with step-by-step instructions for the system’s different functions, as well as training videos, which Gothamist has reviewed. But some lawyers said the instructions don’t match with how the actual interface or that the glitches neutralized any guidance offered by the tutorials.
Multiple attorneys said they didn’t understand why the city had removed the old system, which they said worked well and was user friendly.
“My main problem with the new one is, I don’t think it’s so bad as far as learning how to use it. I’m not an expert on it yet, but I’ve been able to do a little bit on it,” Cember said. “But it’s just had so many glitches and problems.”
NYC assigned attorneys have been instructed to send help requests to Arbola Inc. with specific examples of the problems they’re encountering, according to an email from the company’s support team obtained by Gothamist. The message informed attorneys of different steps the company is taking to address bugs and reassured them that “NO DATA has been lost.”
“We appreciate your patience during this process and want you to know that we are working diligently to ensure the accuracy and reliability of your account information,” the email stated.
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new york city
public safety
Samantha Max
Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.
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Gothamist is funded by sponsors and member donations
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