William Dean writes his last Pro Bono Digest column
Wednesday, November 22, 2006
- Organization: New York Law Journal
Nineteen years ago, my first "Pro Bono Digest" column appeared in the New York Law Journal. The aim of the column was to discuss "who is doing what in the pro bono field and highlight the wide range of available pro bono opportunities for lawyers."
Today's column, the 146th, is the last. Coverage by the Law Journal of pro bono activity is far more extensive now than it once was. This seems a good time to bring the series to an end.
This concluding column discusses themes highlighted throughout the series: poverty in New York City; the justice gap; the professional and ethical obligations of lawyers to undertake pro bono work; the resources available to lawyers doing pro bono work; and the satisfaction lawyers gain from their pro bono work.
Poverty
Pro bono does not exist in a vacuum. Pro bono work is about helping poor people. One out of five New Yorkers and a third of New York City's children live in poverty, according to the New York City Commission for Economic Opportunity appointed by Mayor Michael R. Bloomberg. In all, the commission states in its recent report, over 1.5 million New Yorkers live below the poverty line. (The poverty threshold for a single parent and two children in 2005 was $15,735.)
Many of the city's poor are employed. In over 46 percent of households living below the poverty level, the head of household is working. A Community Service Society survey of New Yorkers, conducted in 2005, found these hardships among poor households with a full-time worker: 45 percent of households fell behind on rent or mortgage payments; 39 percent had utilities or telephone turned off; 39 percent used meal programs or a food pantry; 28 percent lost their job; 14 percent moved in with others; and 8 percent stayed in a shelter. Added to these stresses, 65 percent of the working poor interviewed reported having less than $100 in savings to meet an emergency.
The commission also points out that a large number of New Yorkers live on the borderline of poverty - an additional 19 percent of the city's population being considered low-income because their earnings are between 100-199 percent of the poverty line.
Justice Gap
The "Justice Gap in America, The Current Unmet Civil Legal Needs of Low-Income Americans," a report of the Legal Services Corporation, documents the justice gap - "chasm" might be the more appropriate word. The report's principal conclusion is "that conservatively less than one in five - 20 percent - of those requiring civil legal assistance actually receive it." In New York City, the most dramatic example of the justice gap is found in Housing Court, where more than 90 percent of tenants are not represented by counsel.
The civil legal needs of poor people will only be met through vastly increased public and private funding for legal services and by a major increase in pro bono work by the private bar.
Ethical Obligations
As lawyers, we are privileged members of society. We are well-educated, articulate and know how to get things done in an increasingly complex world. We have been granted a monopoly in terms of exclusive access to the courts to represent clients and to practice law. With this grant of authority comes a commensurate responsibility. We have a professional obligation to perform pro bono work on behalf of poor people who otherwise will have no access to the courts, or to other legal services.
Lawyers have an obligation to do pro bono work and law firms have an obligation to encourage their lawyers to do such work. This duty is reflected in the Lawyer's Code of Professional Responsibility: "A lawyer has an obligation to render public interest and pro bono legal service." (Ethical Consideration 2-25.) It is reflected in the Administrative Board of the Courts resolution providing, in part, that "Lawyers are strongly encouraged to provide pro bono legal services to benefit poor persons."
And we have an ethical obligation to do pro bono work. The ethical obligation is central to the teachings of all religions and secular philosophies. "Justice, justice shall ye pursue all the days of your life." (Deuteronomy) It is found in the values imparted to us by our parents; by our finest teachers; by the people we admire most in life; in the great works of literature.
It is found in the inscriptions on our court buildings: "Equal Justice Under Law." (U.S. Supreme Court.) "The true administration of justice is the firmest pillar of good government." (Supreme Court, New York County.) "Justice is denied no one . . . .Equal and exact justice to all men of whatever state or persuasion." (Criminal Court, New York County.)
Abraham Lincoln understood his obligations as a lawyer. In one of his many pro bono cases, Lincoln represented the widow of a Revolutionary War soldier against a pension agent who had charged her half her pension of $400 for getting the claim allowed.
Resources
Lawyers who wish to do pro bono work have valuable resources available to them. For example, the New York State Pro Bono Opportunities Guide, an online project of the City Bar Justice Center, the New York State Bar Association, Pro Bono Net and Volunteers of Legal Service. The guide lists pro bono programs of bar associations, legal services and public interest organizations, and court and government programs. It enables users to identify pro bono opportunities in areas of interest to them and identifies pro bono opportunities for both litigators and transactional attorneys.
The guide can be found on the Web sites of the four collaborating organizations as well as at the pro bono resource center on the New York Law Journal Web site located at http://www.nylawyer.com and at http://www.nylj.com/probono.jsp.
Another resource is the New York City Pro Bono and Legal Services Training Calendar, a monthly online calendar of training programs developed by Pro Bono Net (www.probono.net/ny/calendar.cfm) in collaboration with the Legal Aid Society, Legal Services for New York City and Volunteers of Legal Service. Its purpose is to inform the pro bono and legal services community in New York City of training events on subjects relating to the provision of legal services to poor people. Legal areas covered by a recent calendar include trainings on housing, disability, employment, family, immigration, non-profit/community development, and public benefits. Site visitors may sign up to receive the monthly calendar via email.
An additional online resource is the NYC Pro Bono Center (www.probono.net/nycprobono), a new Web site designed to provide new and experienced attorneys alike with access to introductory training materials, news and volunteer opportunities across a wide range of substantive areas. A few of the features include a library of easily accessible training materials on a variety of legal topics, including printed manuals and archived "webcasts" of trainings sponsored by the City Bar Justice Center, Legal Aid Society, New York Legal Assistance Group and other organizations; new case opportunities at pro bono and legal services programs throughout the city; and volunteer recognition articles highlighting an individual or team's pro bono case, or new and innovative pro bono projects and partnerships. Members also receive monthly e-newsletters containing summaries of the latest content available on the site.
Pro Bono Net has several other national and state practice areas providing online tools to support pro bono attorneys. Password-protected practice areas organized by legal topics allow users to access libraries of model pleadings and share information via listservs. National practice legal areas include asylum, death penalty, health and prisoners' rights. New York State practice legal areas include housing, community development/non_profit, disability rights, family justice/domestic violence, and HIV advocacy.
A practice area for New York City corporate counsel has recently been launched by Pro Bono Net and the City Bar Justice Center to provide a forum for in-house counsel on the administration and coordination of pro bono work at corporations. This new practice area can be accessed at www.probono.net/corporatecounsel.
Benefits
In undertaking pro bono work, younger lawyers gain valuable hands-on experience, assume greater responsibilities, gain confidence, grow professionally and become directly involved in trouble-shooting, problem-solving and decision-making.
For all lawyers, regardless of age, pro bono work serves as a source of immense personal and professional satisfaction. Here is what lawyers have said about their pro bono work:
A law firm partner providing legal services to pediatric patients at a hospital. "Everyone is enthusiastic: partners, legal assistants and support staff. A hospital is a different setting for us - not a corporate board room, not a courtroom. Working with the patients and their families is refreshing and rewarding for us."
A lawyer working with the elderly poor. "I especially enjoy working with Russian-speaking immigrant clients. They remind me of my own grandmother back in the former Soviet Union: sweet, proud and vulnerable at the same time. And I try to treat each one of them as if they were my relatives and make them feel a little more comfortable and cared for in this new country that they (and I) now call home."
A partner working with low-income microentrepreneurs. "Most satisfying to the attorneys involved is the opportunity to work with these clients and their budding businesses and to experience the pride and excitement, as well as determination and hard work, that the clients feel for and put into their work."
A lawyer working with incarcerated mothers on child custody and visiting issues. "I've found my involvement with the project to be one of the most rewarding aspects of practicing law in New York. Every so often I get a call from a released mother to say thanks and to let me know that she has her kids back. That is a great call to take!"
A pro bono lawyer working at a poverty law office. "My responsibilities included interviewing and counseling clients; negotiating settlements with opposing counsel; drafting settlement agreements; conducting legal research and pretrial investigations; drafting post-trial motions and verified answers and interrogatories; assisting with trial preparation, and making court appearances. My experience allowed me not only to improve my skills as a lawyer, but most importantly, to gain the confidence I need to be successful as a lawyer."
A lawyer working with AIDS patients. "My clients remind me that wealth is not limited to dollars. Compassion, fortitude, candor, optimism and humor are equally as valuable. Those are the qualities that my clients demonstrate during our meetings and they are the qualities that I strive to emulate, both professionally and personally."
Conclusion
This last column concludes, as did the first, with the words of Hippocrates, writing of the obligations of another of the great professions: "Sometimes give your services for nothing, calling to mind a previous benefaction or present satisfaction. And if there be an opportunity of serving one who is a stranger in financial straits, give full assistance to all such . . . .For where there is love of man, there is also love of the art."
William J. Dean is executive director of Volunteers of Legal Service.
Today's column, the 146th, is the last. Coverage by the Law Journal of pro bono activity is far more extensive now than it once was. This seems a good time to bring the series to an end.
This concluding column discusses themes highlighted throughout the series: poverty in New York City; the justice gap; the professional and ethical obligations of lawyers to undertake pro bono work; the resources available to lawyers doing pro bono work; and the satisfaction lawyers gain from their pro bono work.
Poverty
Pro bono does not exist in a vacuum. Pro bono work is about helping poor people. One out of five New Yorkers and a third of New York City's children live in poverty, according to the New York City Commission for Economic Opportunity appointed by Mayor Michael R. Bloomberg. In all, the commission states in its recent report, over 1.5 million New Yorkers live below the poverty line. (The poverty threshold for a single parent and two children in 2005 was $15,735.)
Many of the city's poor are employed. In over 46 percent of households living below the poverty level, the head of household is working. A Community Service Society survey of New Yorkers, conducted in 2005, found these hardships among poor households with a full-time worker: 45 percent of households fell behind on rent or mortgage payments; 39 percent had utilities or telephone turned off; 39 percent used meal programs or a food pantry; 28 percent lost their job; 14 percent moved in with others; and 8 percent stayed in a shelter. Added to these stresses, 65 percent of the working poor interviewed reported having less than $100 in savings to meet an emergency.
The commission also points out that a large number of New Yorkers live on the borderline of poverty - an additional 19 percent of the city's population being considered low-income because their earnings are between 100-199 percent of the poverty line.
Justice Gap
The "Justice Gap in America, The Current Unmet Civil Legal Needs of Low-Income Americans," a report of the Legal Services Corporation, documents the justice gap - "chasm" might be the more appropriate word. The report's principal conclusion is "that conservatively less than one in five - 20 percent - of those requiring civil legal assistance actually receive it." In New York City, the most dramatic example of the justice gap is found in Housing Court, where more than 90 percent of tenants are not represented by counsel.
The civil legal needs of poor people will only be met through vastly increased public and private funding for legal services and by a major increase in pro bono work by the private bar.
Ethical Obligations
As lawyers, we are privileged members of society. We are well-educated, articulate and know how to get things done in an increasingly complex world. We have been granted a monopoly in terms of exclusive access to the courts to represent clients and to practice law. With this grant of authority comes a commensurate responsibility. We have a professional obligation to perform pro bono work on behalf of poor people who otherwise will have no access to the courts, or to other legal services.
Lawyers have an obligation to do pro bono work and law firms have an obligation to encourage their lawyers to do such work. This duty is reflected in the Lawyer's Code of Professional Responsibility: "A lawyer has an obligation to render public interest and pro bono legal service." (Ethical Consideration 2-25.) It is reflected in the Administrative Board of the Courts resolution providing, in part, that "Lawyers are strongly encouraged to provide pro bono legal services to benefit poor persons."
And we have an ethical obligation to do pro bono work. The ethical obligation is central to the teachings of all religions and secular philosophies. "Justice, justice shall ye pursue all the days of your life." (Deuteronomy) It is found in the values imparted to us by our parents; by our finest teachers; by the people we admire most in life; in the great works of literature.
It is found in the inscriptions on our court buildings: "Equal Justice Under Law." (U.S. Supreme Court.) "The true administration of justice is the firmest pillar of good government." (Supreme Court, New York County.) "Justice is denied no one . . . .Equal and exact justice to all men of whatever state or persuasion." (Criminal Court, New York County.)
Abraham Lincoln understood his obligations as a lawyer. In one of his many pro bono cases, Lincoln represented the widow of a Revolutionary War soldier against a pension agent who had charged her half her pension of $400 for getting the claim allowed.
Resources
Lawyers who wish to do pro bono work have valuable resources available to them. For example, the New York State Pro Bono Opportunities Guide, an online project of the City Bar Justice Center, the New York State Bar Association, Pro Bono Net and Volunteers of Legal Service. The guide lists pro bono programs of bar associations, legal services and public interest organizations, and court and government programs. It enables users to identify pro bono opportunities in areas of interest to them and identifies pro bono opportunities for both litigators and transactional attorneys.
The guide can be found on the Web sites of the four collaborating organizations as well as at the pro bono resource center on the New York Law Journal Web site located at http://www.nylawyer.com and at http://www.nylj.com/probono.jsp.
Another resource is the New York City Pro Bono and Legal Services Training Calendar, a monthly online calendar of training programs developed by Pro Bono Net (www.probono.net/ny/calendar.cfm) in collaboration with the Legal Aid Society, Legal Services for New York City and Volunteers of Legal Service. Its purpose is to inform the pro bono and legal services community in New York City of training events on subjects relating to the provision of legal services to poor people. Legal areas covered by a recent calendar include trainings on housing, disability, employment, family, immigration, non-profit/community development, and public benefits. Site visitors may sign up to receive the monthly calendar via email.
An additional online resource is the NYC Pro Bono Center (www.probono.net/nycprobono), a new Web site designed to provide new and experienced attorneys alike with access to introductory training materials, news and volunteer opportunities across a wide range of substantive areas. A few of the features include a library of easily accessible training materials on a variety of legal topics, including printed manuals and archived "webcasts" of trainings sponsored by the City Bar Justice Center, Legal Aid Society, New York Legal Assistance Group and other organizations; new case opportunities at pro bono and legal services programs throughout the city; and volunteer recognition articles highlighting an individual or team's pro bono case, or new and innovative pro bono projects and partnerships. Members also receive monthly e-newsletters containing summaries of the latest content available on the site.
Pro Bono Net has several other national and state practice areas providing online tools to support pro bono attorneys. Password-protected practice areas organized by legal topics allow users to access libraries of model pleadings and share information via listservs. National practice legal areas include asylum, death penalty, health and prisoners' rights. New York State practice legal areas include housing, community development/non_profit, disability rights, family justice/domestic violence, and HIV advocacy.
A practice area for New York City corporate counsel has recently been launched by Pro Bono Net and the City Bar Justice Center to provide a forum for in-house counsel on the administration and coordination of pro bono work at corporations. This new practice area can be accessed at www.probono.net/corporatecounsel.
Benefits
In undertaking pro bono work, younger lawyers gain valuable hands-on experience, assume greater responsibilities, gain confidence, grow professionally and become directly involved in trouble-shooting, problem-solving and decision-making.
For all lawyers, regardless of age, pro bono work serves as a source of immense personal and professional satisfaction. Here is what lawyers have said about their pro bono work:
A law firm partner providing legal services to pediatric patients at a hospital. "Everyone is enthusiastic: partners, legal assistants and support staff. A hospital is a different setting for us - not a corporate board room, not a courtroom. Working with the patients and their families is refreshing and rewarding for us."
A lawyer working with the elderly poor. "I especially enjoy working with Russian-speaking immigrant clients. They remind me of my own grandmother back in the former Soviet Union: sweet, proud and vulnerable at the same time. And I try to treat each one of them as if they were my relatives and make them feel a little more comfortable and cared for in this new country that they (and I) now call home."
A partner working with low-income microentrepreneurs. "Most satisfying to the attorneys involved is the opportunity to work with these clients and their budding businesses and to experience the pride and excitement, as well as determination and hard work, that the clients feel for and put into their work."
A lawyer working with incarcerated mothers on child custody and visiting issues. "I've found my involvement with the project to be one of the most rewarding aspects of practicing law in New York. Every so often I get a call from a released mother to say thanks and to let me know that she has her kids back. That is a great call to take!"
A pro bono lawyer working at a poverty law office. "My responsibilities included interviewing and counseling clients; negotiating settlements with opposing counsel; drafting settlement agreements; conducting legal research and pretrial investigations; drafting post-trial motions and verified answers and interrogatories; assisting with trial preparation, and making court appearances. My experience allowed me not only to improve my skills as a lawyer, but most importantly, to gain the confidence I need to be successful as a lawyer."
A lawyer working with AIDS patients. "My clients remind me that wealth is not limited to dollars. Compassion, fortitude, candor, optimism and humor are equally as valuable. Those are the qualities that my clients demonstrate during our meetings and they are the qualities that I strive to emulate, both professionally and personally."
Conclusion
This last column concludes, as did the first, with the words of Hippocrates, writing of the obligations of another of the great professions: "Sometimes give your services for nothing, calling to mind a previous benefaction or present satisfaction. And if there be an opportunity of serving one who is a stranger in financial straits, give full assistance to all such . . . .For where there is love of man, there is also love of the art."
William J. Dean is executive director of Volunteers of Legal Service.
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