When I accepted the job as Director of Pro Bono Services at South Jersey Legal Services, I prepared for what I thought would be the most difficult aspect of my job—recruiting volunteer attorneys. Fortunately, time and experience have proved me wrong; there are many talented and dedicated attorneys eager to volunteer. Instead, the challenge has been to balance the myriad interests and needs of those involved in the delivery of pro bono services. But when this balance is accomplished, the creation of diverse pro bono opportunities can be a win-win-win proposition for everyone—the Legal Services client, the pro bono attorney, and the courts.

Kate Myers, Director of Pro Bono Services at South Jersey Legal Services

Why Volunteer

There are numerous reasons private attorneys choose to volunteer through the Private Attorney Involvement (PAI) Program of Legal Services. Some want to give back to their communities. Others feel the practice of law carries with it a duty to ensure equal access to the justice system for all, regardless of socio-economic status. Some lawyers seek cases that give them a connection with the client based on their own personal experience: a parent of a special needs child volunteering in education cases; a victim of spousal abuse offering legal advice to residents of a domestic violence shelter; a former foster child volunteering to handle child abuse cases. These attorneys who connect with a specific client population often make the strongest pro bono advocates.

Many attorneys report that their volunteer work is the most rewarding work they do. Their exposure to the lives of low-income clients gives them a renewed perspective, not only on their own advantages, but also on the gift that is the practice of law. For someone unfamiliar with the realities of a life lived in poverty, visiting an impoverished client at his or her home can be eye-opening. Other avenues for legal volunteering do not compare with the tangible impact representation has on a client. When the need begins to have a face, the inclination to give becomes a compelling passion.

Others may volunteer for more pragmatic reasons, such as gaining courtroom experience, elevating their firm’s status within the local community, or satisfying their requirement under Madden. While this group can prove the most challenging to engage, even these lawyers often find their contributions to be rewarding— not only for the client, but also for that innate idealist, which I believe lives within all of us who have chosen this profession. Creative collaborations, especially projects with law schools and clinics, can provide a small firm or solo practitioner with limited resources the ability to volunteer within a well-defined, time-limited construct.

Benefits of Private Attorney Involvement

Participation in a Legal Services PAI program has some distinct advantages for the volunteer attorney. First, the clients have been screened carefully for financial eligibility. This means that time and resources are being allocated to someone truly in need and unable to afford private counsel. Second, pro bono attorneys are matched with cases within their own areas of expertise, which means they will not find themselves at the beginning of the learning curve while carrying out their assignments. In addition, for the young attorney (or a more seasoned lawyer wishing to break into a new practice area), training is provided, along with support from an experienced attorney throughout the case. The referring Legal Services office covers all costs of litigation and provides malpractice insurance for the duration of the case. Finally, case tracking and Madden hours reporting are handled by the PAI program.

Advantageous to the Courts

Pro bono representation is also advantageous to the courts. Predictably, pro se litigants are prone to incomplete or improper filings, and court staff is placed in the untenable position of guiding litigants through the litigation process without crossing the line of giving legal advice. Judges also appreciate the assistance pro bono attorneys give to clients who would otherwise appear without an attorney. Not only does the case move more efficiently, but the court can be assured that the litigant’s rights are protected through the advice of competent counsel.

Significant Benefit to Clients

The benefit of pro bono representation to clients is obvious and significant. Clients who qualify for Legal Services invariably cannot pay for private counsel. These clients live at or below 175% of the poverty level. For a family of three, this means a gross income of $559 or less per week. Through the PAI program, the client receives quality representation, which they otherwise would not be able to afford. Many clients appreciate and express sincere gratitude for the efforts given on their behalf by pro bono counsel. There is no question that pro bono representation can change the outcome of a case—and the life of the client.

Perhaps most important—and closest to my heart—pro bono partnerships help Legal Services by allowing us to serve more clients. Often, we simply do not have the staff to handle the more routine cases, so large numbers of impoverished litigants are left to seek help elsewhere or to handle their cases pro se. Also, by routing simple matters to the volunteer panel, Legal Services attorneys are free to take on more complicated cases for full representation. Finally, some matters are beyond the expertise of the Legal Services attorney. Establishing pro bono relationships with private attorneys skilled in specific areas of law permits all low-income clients to receive the highest quality help.

Given these collective benefits, South Jersey Legal Services has been expanding pro bono services in the lower seven New Jersey counties that comprise our service area, increasing the number and variety of ways in which the private bar can volunteer its services to low-income clients. Attorneys in other parts of the state will find, through the Legal Services program in their region, opportunities similar to those in South Jersey, which are described here.

Clinics: In all seven counties, attorneys may volunteer to participate in the Rutgers Bankruptcy Clinic, which handles Chapter 7 bankruptcies for an average of 150 qualified applicants per year. A new Children’s SSI Project has begun, in collaboration with Rutgers Law School, through which private attorneys can help low-income children secure disability benefits. In Burlington and Gloucester counties, we will be launching pro se wills clinics to provide simple wills, powers of attorney, and living wills to low-income clients. There are consumer advice and pro se divorce clinics in Atlantic County, and discussions are underway to expand the divorce clinic into Cumberland and Gloucester counties.

Case Placement/Representation: A wide array of cases is placed with pro bono attorneys for advice and ongoing representation. These include, among many others, family matters such as custody, divorce, and support; consumer matters such as debt collection and Chapter 7 bankruptcy; and landlord-tenant and other housing cases. In some counties, pro bono attorneys become part-time volunteer staff and handle their own caseload, which they manage with support and space provided by the local Legal Services office. This is an attractive option for a retired attorney who wants to contribute without running a full practice, for a young attorney who is seeking experience before securing employment, or for an attorney who is returning to the practice after staying home to raise a family.

Creative Paradigms: There is no limit to the ways in which legal skills may be put to use in a pro bono setting. For instance, tax experts, including former IRS attorneys, have volunteered to handle matters in controversy for our migrant farmworker population. Attorneys experienced in municipal court, military law, and casino law are slated to provide in-house training for SJLS staff members who sometimes find these areas of law impacting on their own representation. We also plan to explore partnerships with paralegals, court reporters, and social workers to provide pro bono services to our clients.

Kate Myers—Director of Pro Bono Services
South Jersey Legal Services

This article appeared in the Fall 2007 edition of For the Public Good.