Legal aid system gives tangible thanks for pro bono

The ISBA Committee on Delivery of Legal Services, chaired by Richard J. Hess of the Legal Assistance Foundation of Chicago, provides timely information in an effort to encourage pro bono representation by volunteer attorneys throughout the state.

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This is the traditional time of year to express gratitude. While you give thanks for your family, friends, turkey or whatever, consider what makes volunteer attorneys thankful.

Malpractice Insurance: Mundane and boring but necessary. Programs provide coverage so volunteers don't have to use their own insurance if a problem with a pro bono client arises.

Training: Not all volunteers need or want training, but every program should have it available. Some attorneys want to learn new areas of law. Others may simply need information on a particular venue or courtroom practice.

Help, Instanter: Even the best training can't cover all contingencies, for example.

Pro bono attorney, sobbing on cell phone, “I'm over here at the Daley Center. I was simply getting a continuance, but the judge yelled and said we're going to trial in thirty minutes.”

Staff Attorney, in calm, cool voice, “Don't worry. I'm on my way over now. You can second chair me.”

The Tech Center: One excellent resource for pro bono attorneys is Illinois Legal Aid Online's training and practice support Web site for pro bono attorneys at www.IllinoisProBono.org. Legal aid and pro bono program materials are available here.

In addition, Legal Aid Online's staff videotapes training programs and seminars so attorneys can view them from the comfort of their own offices or homes, either during the actual presentation or at a more convenient time. The site also offers a wealth of sample pleadings, research and additional information for pro bono attorneys.

Client Screening: Bad clients drive more attorneys out of pro bono than anything else. Good programs make sure clients are financially eligible, not toxic and have cases worth handling. (Difficult clients may deserve free legal services too, but they should be handled by legal aid staff, not pro bono attorneys).

Running Interference with Clients: Even the best screening sometimes can go awry, as do the best cases. Pro bono attorneys need to know that program staff will take over when clients or cases blow up into World War III.

Handling Routine Court Appearances: A pro bono attorney's time is valuable and limited. Some don't mind handling simple, routine court appearances, but those that do shouldn't have to. Suburban volunteers should never have to schlep downtown for a continuance. That's a job for staff.

Routine Docketing Chores: While not all attorneys mind the mundane clerking necessary for pro bono cases, others can't afford the time it takes.

A non-litigator willing to learn how to represent someone in court may not be so eager to learn how to spindle a motion or get a case on the court's call. Non-essential work should be diverted to staff so that pro bono attorneys can do what they do best—represent clients.

Office Accoutrements: A place to meet with a client, get your mail and take messages from pro bono clients. A place to make your calls and draft your pleadings. Access to legal research, a photocopier and a postage meter. This is the stuff that makes pro bono possible.

Attaboys and Attagirls: Recognition is essential to volunteers. Although they may do the work because it's the right thing to do, it can also be tedious, tiring and troublesome. Everyone needs to be appreciated from time to time, even pro bono attorneys.

Especially from the Court: Most judges don't realize how a few words of gratitude in open court can work wonders. Simply saying “Thank you for handling this case pro bono” is an amazing boost for a volunteer attorney and sure to be noticed by others in the courtroom.

And why not say it? Pro bono attorneys relieve judges and other attorneys from the burden of pro se litigants. As the legal profession says thank you to hard-working pro bono attorneys everywhere, legal aid programs, bar associations and the courts must make sure that volunteers have something to thank too.