ISBA Bar News

August 2008

Spotlight on Pro Bono

Modest-means legal aid eligibility sought

By Deborah L. Glaser Chagal

One of the major objectives of the ISBA Committee on Delivery of Legal Services has long been to increase access to assistance for individuals throughout Illinois.

The committee recently submitted the third version of the Modest Means Lawyer Referral Service proposal to the Committee on Scope and Correlation for review.

Many working families struggle on a daily basis to meet their basic needs. When a problem arises, they are often deterred from seeking legal help.

They do not qualify for legal assistance if their income is too high, but they cannot afford to pay standard attorney fees.

A 1994 American Bar Association 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.

A 2006 legal needs study of the poor in Illinois, 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 suggest there may be a similarly high percentage of families of limited economic means who handle legal problems without the assistance of attorneys.

In light of the declining economy and problems with mortgage foreclosure, the problem of access to attorneys for low-income individuals and families will only get worse.

Accordingly, we feel there is even more of a need now for a Modest Means Lawyer Referral Service. While some Illinois litigants may be too poor to pay any lawyer's fees, many will be able to afford reduced fees.

We have proposed that attorneys who choose to participate in a 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 practices to develop their client bases and areas of expertise.

The ISBA for more than 25 years has operated Illinois Lawyer Finder. This service has performed well in connecting lawyers to clients.

New business has been developed for lawyer participants, and clients have found capable attorneys instead of trying to handle 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, the service receives more than 600 calls per month. Many of these people are lower-income individuals and families 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 more appropriate referrals for these clients.

As lawyers, we share a special responsibility to ensure access to the justice system without regard to economic status. A modest means panel would increase access for the underemployed who cannot afford an attorneys or qualify for legal aid.

As mentioned above, the Committee on Delivery of Legal Services has submitted its third Modest Means Lawyer Referral Service proposal. We hope the third try is the charm.

SimmonsCooper pledge provides cancer facility

A ribbon-cutting ceremony on July 10 marked the grand opening of the SimmonsCooper Cancer Institute at the Southern Illinois University School of Medicine in Springfield.

Development of the 63,000-square-foot cancer care and research facility was made possible through the donation by the East Alton law firm of SimmonsCooper of $10.2 million in annual gifts and a multi-year pledge.

"Our ultimate goal as trial attorneys is the same goal of the doctors and nurses who will soon begin work inside," said founding partner John D. Simmons: "To prevent and alleviate the suffering of others."

He added that since the law firm is "rooted in helping mesothelioma and cancer victims, we are especially proud to be sponsoring this institute."

Each of the firm's 275 members and employees was invited to attend the ceremony with a guest. A fleet of four buses brought them to the medical school campus in Springfield.

With three floors and a lower level, the SimmonsCooper building consolidates most of the school's multidisciplinary cancer clinics that have been located in several hospital buildings.

Seven of the medical school's nine cancer care teams will be housed there, with about 55 physician faculty and support staff in clinical areas.

For more information, access http://www.simmonscooper.com or www.siumed.edu/news.

SimmonsCooper received an ISBA John C. McAndrews Pro Bono Service Award on June 27 during the Annual Meeting in St. Louis (ISBA Bar News, July 2008, page 8).

Training slated for Lawyers in Classroom duty

A training program for lawyers who are interested in speaking to 8th grade students about the legal profession will be held from 5:30 to 7 p.m. Wednesday, Sept. 24, in Champaign County.

Initiated by the ISBA Committee on Law Related Education for the Public and the Constitutional Rights Foundation Chicago, the Lawyers in the Classroom training will be conducted in cooperation with middle schools in the Champaign area.

Since the program was established in Cook County, more than 500 lawyers have volunteered to make presentations at 80 schools. The Champaign Lawyers in the Classroom program hopes to recruit 40 downstate attorneys by Aug. 29.

Volunteers bring their real-life experiences into classrooms, serving as positive adult role models and exposing students to careers in the field of law.

Those who attend the Sept. 24 session will make subsequent two-hour visits to partner classrooms on Oct. 14, Oct. 29 and Nov. 18. To sign up, use the announcement form on page 21 of the August 2008 ISBA Bar News.

For more information, contact Jessica Chethik at (312) 663-9057 or chethik@crfc.org.