parole hearing representation

UnCommon Law was founded to provide exceptional legal representation to people navigating the subjective and legally complicated discretionary parole process. Our staff is led by experts in parole hearing representation for those convicted of serious or violent crimes, and our team includes experts in legal advocacy, including habeas corpus litigation and class action lawsuits challenging the Board’s practices and procedures. Together, our team has a deep and unparalleled understanding of parole policy and law.

UnCommon Law is unique in our “trauma-informed approach” to legal advocacy. Our trauma-trained attorneys and social workers partner with clients to help them improve self-awareness, change their self-narrative, and internalize accountability for their past actions and their path forward. Prior research has shown that the vast majority of incarcerated people have experienced traumatic events at some point in their lifetime. Unfortunately, few opportunities currently exist in prison for individuals to meaningfully address the role that trauma has played in their life — despite the fact that a person’s ability to understand and recover from trauma is a primary focus of California’s discretionary parole process.

To fill this gap, our work combines trauma-informed, healing-centered mental health and legal counseling to help our clients unpack the underlying issues that contributed to their pathways to crime. UnCommon Law’s trauma-trained attorneys and social workers partner with clients to help them improve self-awareness, change their self-narrative, assume accountability for their past actions, and prepare for a successful journey home. 

Each client’s trauma-informed, healing centered plan is unique, and can include any combination of advocates - attorney, social worker, therapist, law student, intern or other counselors. UnCommon Law staff build trusting relationships with clients through a collaborative, client-centered approach that includes legal visits, detailed follow-up letters, tailored homework assignments, feedback on client writings, resource connection, community outreach, and comprehensive document review and case assessment. 

Unlike state-appointed attorneys, we make a long-term and deep commitment to our clients. We work with clients for at least six months prior to their parole board hearing. Once we make the commitment to represent someone, we remain partnered with that individual until they have returned home, even if that takes many years and multiple hearings. 

consultations

When UnCommon Law is not able to provide full parole hearing representation, we offer written consultations. For a consultation, our team reviews the client’s records — including prior parole hearing transcripts, psychological evaluations, as well accomplishments and discipline while incarcerated. Based on this information, our team provides a detailed letter, outlining what the client can do in order to improve their chances of parole success. 

habeas petitions and class action litigation

Our litigation has challenged decisions and practices by the Board and Governor (both in individual and class action litigation) all the way up to the California Supreme Court, and has helped make the process more fair by requiring timely parole hearings and reducing the risk of unreliable psychological evaluations.

resources and public education

Our team also works to empower the loved ones and advocates of currently-incarcerated people. Our training and education activities include:

  • Community education events like “Lifer School,” an annual, one-of-a-kind training on how to support people serving life and long-term sentences

  • Our best-in-class resources available in Spanish and English 

  • Training and consulting with public defenders throughout California, and pro-bono training for outside attorneys working with UnCommon Law

  • Training for law students via the Post-Conviction Advocacy Project, a one-of-a-kind opportunity for Berkeley Law students to assist incarcerated people in the parole process, and Prisons and Discretionary Parole, an annual course at UC Berkeley School of Law.

our outcomes

Through their work with us, our clients develop critical skills that serve them both inside and outside of prison, regardless of parole achievement. These include heightened communication skills, emotional resilience, healthy coping habits, and mentoring skills. Today, UnCommon Law has a proven track record of success. More than 300 clients have returned home from life sentences in partnership with our attorneys, who maintain a parole grant rate triple the state average.

Thousands more have been impacted by our litigation or have received resources from our office. Despite the significant challenges formerly incarcerated people face, our clients have overwhelmingly succeeded in reentering their communities: 99% have remained out of prison, 91% are employed, 100% are housed, and 95% report high levels of mental wellbeing (2020 Impact Report results).

On average, 60% of UnCommon Law’s clients achieve parole suitability - more than triple the state average. Less than 1% of the hundreds of people who have been released with UnCommon Law representation have returned to prison. Many of our former clients hold leadership positions in policy change organizations, work directly with service nonprofits, or have established their own nonprofits, including to drive everything from restorative justice implementation to community-based violence prevention programs. With their mediation skills and life experiences, our clients have a critical healing and restorative impact on communities and families fractured by mass incarceration when they return home.