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Law firms step up pro bono work for higher skills, profiles

Tuesday, November 07

  • By: Cathryn Stout
  • Organization: The Commercial Appeal

When Memphis attorney David Siegel agreed with a handshake to represent Shaoqiang 'Jack' and Qin Luo 'Casey' He in a custody battle over their preschool-age daughter, he never imagined that handshake would cost him $500,000.

Since 2002, that's how much Siegel and the law firm of Nahon, Saharovich & Trotz PLC have waived in legal fees for the family.

Siegel has been entangled in the case for nearly five years, but for the 46-year-old plaintiff attorney, the investment is neither calculated in dollars nor in the 91 hours of in-court testimony.

"The case has really allowed me to find a sense of purpose and meaning as a lawyer and a human being," he said. "Once I was in the fight, I didn't consider getting out."

Pro bono, which loosely translated means "for the good" of the public, has become an expectation of the law profession, and the benefits go far beyond altruism. Lawyers often increase their profile through pro bono work.

Memphis defense attorneys Steve Farese and Leslie Ballin have received national coverage for representing Mary Winkler, the Selmer, Tenn., mother and preacher's wife who is accused of murdering her husband, Matthew Winkler. Remember Kendall Coffey, one of the attorneys from the Elian Gonzalez case? He's now a network news legal commentator.

For his advocacy on behalf of the Hes, who are trying to regain custody of their 7-year-old daughter, Anna Mae He, Siegel has been honored by the Tennessee Bar Association. The case also provided his first opportunity to argue before the Tennessee Supreme Court.

Defense attorney Larry Parrish, representing Jerry and Louise Baker -- who have raised Anna Mae since she was 3 weeks old -- has also gained some recognition from the case. In August, Parrish garnered about 44 percent of the vote in his unsuccessful effort to unseat a three-term incumbent Circuit Court judge.

"For many lawyers, pro bono work is the best way to enhance their skills and image," said Stanford University law professor Deborah Rhode.

The author of "Pro Bono in Principle and Practice," Rhode has found that the nation's 100 largest law firms are stepping up their pro bono efforts. Despite this trend, Rhode said that four-fifths of the legal needs of the poor remain unmet, and that the average lawyer donates less than 30 minutes a week in free legal services.

The American Bar Association calls 50 hours a year of pro bono work a "professional responsibility," but that recommendation has no enforcement. In 2005, the Mississippi Bar Association became one of a handful of state bar organizations that require annual reporting of pro bono work. Rhode, however, promotes disclosure and a mandate.

"I think what a requirement would do is that it would encourage legal employers to provide support for lawyers who already want to do it," she said.

Management at the law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz PC has instituted such a top-down approach. The firm, which has more than 450 attorneys in 11 markets worldwide, recently organized a committee to create the company's official policy on pro bono service.

It also spotlights "pro bono moments," from litigation to drafting a will, in the company newsletter, said Antonio "Toney" Matthews, a litigator in the Memphis office.

Matthews said that many of the firm's pro bono cases are referred by Memphis Area Legal Services, which assists low-income clients who are seeking legal representation.

MALS volunteers have handled more than 700 cases this year, and for the cases that go to trial, lawyers often pick up the tab for expert witnesses, documents and travel.

That is one of the reasons University of Memphis law professor Andrew McClurg calls the perception of the "greedy trial lawyer" an exaggeration.

McClurg said that Siegel's investment in the He case further debunks the myth, and regardless of the outcome of the case, which is awaiting a decision by the Tennessee Supreme Court, Siegel's stock will rise.

"Certainly no one who knows anything about law would judge a lawyer on whether they win or lose a case," he said. "To contribute that kind of time . . . you have to take your hat off to Mr. Siegel."

Earlier this year, the Greater Memphis United Chinese Association awarded Siegel the organization's first Humanitarian Award because his work on the case has helped to mobilize the local Asian American community, said organization spokesman Jinliang Cai.

"Through the process he really is educating us," said Cai. "He's helping the family, and really, we get inspired more about what is justice."

-- Cathryn Stout: 529-2320

 

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