Increased Care with Identity Documents Advised

And

A Suggested Approach for Unresponsive Government Agencies

 

Identity documents have become increasingly requested and regulated since 9/11. That trend has accelerated as immigration and gender identity have moved to the forefront of government policy, and government databases have become more integrated and less secure. Those of us working in adoption, parentage, family law, immigration, etc., are involved in the creation and modification of identity documents every day. In response to this new focus, lawyers must increase their attention to the prompt and precise creation or amendment of identity documents.

 

Identity documents begin with a birth certificate and a social security account, and often also include a driver’s license or Real ID, and a passport. Some people also have immigration documents or benefits cards and professional licenses. And we all appear in many other government databases related to things like payment of taxes, student loans, military service, veterans’ services, and registration for the draft, marriages, divorces, adoptions, property ownership, gun ownership, auto ownership, benefits applications, voting records, crimes, auto accidents, and child abuse.

 

I advise my clients (friends and family too) to confirm that they have a whole set of current identity documents for each member of their family, on paper and stored electronically, with security protections, of course. I also suggest that they give an extra set of these documents to a trusted person who does not live in their home.

 

People whose identity documents are destroyed in natural disasters, or whose documents are lost or stolen, find normal life disrupted to an unexpected extent. Replacing documents has become increasingly difficult, particularly without copies of the originals.

 

It is also important for lawyers and clients to be mindful of the consistency of identity information across the government’s electronic databases. As information is shared between agencies, like when a birth certificate is submitted for a passport, driver’s license, or to the social security office, discrepancies can cause problems that may be difficult to rectify, even with a lawyer. Correcting identity document errors reminds me of trying to correct an error on a credit report. There isn’t much of a path, and if the buck stops anywhere, in the faceless organization or bureaucracy, it is very hard to tell exactly where. There isn’t a law school course in navigating that sort of problem.

 

The first thing lawyers can do is prevent problems. Lawyers obtaining court orders to create or modify identity documents must ensure prompt, accurate issuance of new or amended documents and consider the consistency of information across a person’s document set and important agency databases. It is easiest to correct an error immediately after the error is made, and not several years later, when a child is about to be enrolled in kindergarten, or the client has an international trip scheduled, for example.

 

When helping someone with an identity document problem, I start with the website of the government agency primarily responsible for maintaining the information. Many problems can be addressed using information or processes available online. When an online process is available, that is nearly always the easiest approach. It is important to notice the panic in a client’s eyes when you say, “It is easy. Just go to the website.” Some of our less tech-savvy, often older, clients will need a lawyer or paralegal to complete an online process for them.

 

When there is no online process to address a client’s problem, we need to speak or correspond with a person. And I find reaching a responsive government representative is increasingly difficult at every agency I work with.

 

I used to write a paper letter when I couldn’t get a response by phone or email, but that is less effective than it once was. I still often try that first. But when normal channels haven’t worked, I call my representative’s office, state or federal, depending on the type of agency I’m trying to reach, and ask them if they would be willing to get me an answer or a call back. If the client lives in a different legislative district than I do, I generally begin with their representative’s office. There are good state and federal websites to identify a representative using the constituent’s address.

 

Legislative bodies nearly always have designated liaisons for each corresponding administrative agency to help the legislators and their staff assist constituents. And at the federal level, representatives usually have several staff members dedicated to “constituent services,” often each specializing in specific agencies. It isn’t usually necessary to speak directly with the representative for help with an ordinary request. The staff will usually end up with your request anyway, so it is best to explain it directly yourself. When my clients are working on their own and having difficulty getting through to an agency, I give them this same advice. It works equally well for constituents and lawyers calling for constituents. The service is there, and we have all paid for it. We might as well use it.

 

The next couple of blog posts will stay on the documents theme. Look for posts on recent changes to administrative processes for amending birth certificates.

 

Be well,

Dawn Coppock

I know I just said I wasn’t retiring, and that was true when I said it. Now it isn’t. I started declining new cases today. By April 7, 2025 I will be retired, except for a few outstanding cases and on-demand seminar production. I had expected to retire near my husband Kyle’s long-planned retirement date of April 1, 2026. Adoption Law School in the Mountains in April of 2026 was planned as my last big, live seminar. But that seminar isn’t going to happen.

 

Don’t worry. My long-time paralegal, Angi Newsome, and I and our families are fine. The quick pivot occurred due to something good, not something bad. We had just begun half-heartedly watching for the right job for Angi after I retired. But Angi is a great hire. So, after just a few preliminary inquiries, her perfect job popped right up, and it couldn’t wait. Angi is excited to begin a new job for the Jefferson County government on April 7, 2025 and I’m excited for her.

 

After 30+ years together, it is hard to picture anyone filling Angi’s shoes, and I don’t really want to work with anyone else or train someone new. So, I am retiring now. We are spending March winding things down and preparing for the last Adoption Law School in the Mountains 2025, April 2-4, 2025. 

 

If you are an existing client, you will hear from us soon. I’m personally finishing most of the cases I have right now. If your case isn’t amenable to quick resolution, I’ll make sure you land well. I’ve been writing and training for years in the hope of leaving many qualified successors. Lawyers, if you want to step into this meaningful work, now is a good time. If you need a review or to tune up your skills, I have exactly one more big, live training.  For info on Adoption Law School live in April, my on-demand video courses, or to buy my law book, see www.GoodLawTN.com. The on-demand courses should be available on that site into 2027 and the book even longer. 

 

Beyond maintaining Good Law for book sales and on-demand seminars, I haven’t considered professional diversions in my retirement yet. I may reserve time to consult with other attorneys on tough cases or find a way to reengage with foster parents.  I likely have a dance or two left. 

 

I’ll consider all that after the last big seminar and when cases are buttoned up. I apologize for not making personal calls to tell you and not being around to chat about it. I’m swamped. I hope to have plenty of time to chat and reconnect with my treasured professional friends and former clients this summer. While it is a quick decision, it feels like the right choice. I’ve had a pretty good run. By May, I expect to enjoy our mountain spring with time to smell the flowers. 

 

Dawn