Spotlight on pro bono

A major objective of the ISBA Committee on Delivery of Legal Services is to increase access to legal services for individuals throughout the state of Illinois.

Many working Illinois families struggle daily to meet their basic needs. When a problem arises, these same families are often deterred from seeking legal help. They do not qualify for legal assistance since their income is too high, but they cannot afford to pay standard attorney fees.

A 1994 ABA Legal Needs Study of Moderate Income Families confirmed that families of limited financial means were often underserved and unaware of the value of hiring an attorney.

Last year's legal needs study of the poor, The Legal Aid Safety Net, documented that slightly more than 65 percent of low income families confronted with legal problems choose, often by necessity, to handle them without any legal assistance.

Anecdotal evidence from judges and circuit clerks suggests that there may be a similarly high percentage of families of limited economic means who handle legal problems without the assistance of attorneys. Accordingly, we feel there is a need for a Modest Means Lawyer Referral Service.

While some Illinois litigants may be too poor to pay any lawyers' fees, many will be able to afford reduced fees. We have proposed that attorneys who choose to participate in the Modest Means Panel reduce their fees by at least 25 percent.

We feel that this will greatly increase access to legal assistance for those individuals who do not qualify for legal aid, but cannot afford a full price attorney. Simultaneously, such a program may help attorneys who are building a practice to develop their client base and areas of expertise.

For more than 35 years, the ISBA has operated Illinois Lawyer Finder. This service has performed well in connecting lawyers with clients. New business has been developed for lawyer participants, and clients have found capable attorneys instead of trying to handle their legal problems pro se.

The experience gained by the ISBA staff in operating Illinois Lawyer Finder can serve as the basis for setting up the Modest Means Panel.

Currently, Illinois Lawyer Finder receives more than 600 calls per month. Many callers are lower-income individuals and families that are financially ineligible for legal aid.

Referring these potential clients to lawyers who are charging full fees is futile. Creating a Modest Means Panel will provide a more appropriate referral for these clients.

As lawyers, we all share a special responsibility to ensure access to the justice system without regard to economic status. Creating the Modest Means Panel will increase access to legal services for people in Illinois who are underemployed, and cannot otherwise afford attorneys or qualify for legal aid.

• • •