Lsnv's Pro Bono Handbook

LSNV’S PRO BONO HANDBOOK Help Close the Justice Gap, Unleash the Power of Pro Bono.

LSNV and Volunteers Volunteers play an important role at Legal Services of Northern Virginia. LSNV has limited resources and we often rely on the generous donation of time and effort by members of the community, both attorney and non-attorney alike. Volunteer resources are used to support existing case work and allow us to expand and to help those who would otherwise be turned away due to capacity limitations.

Jennifer Fulmer [email protected]

TABLE OF CONTENTS LSNV and the Justice Gap ...... 2 Becoming a Pro Bono Attorney with LSNV ...... 3 Pro Bono Case Referral Program...... 4 Questions? ...... 9 Ten Facts About Virginia’s Justice Gap ...... 10

“EQUAL JUSTICE UNDER THE LAW IS NOT MERELY A CAPTION ON THE FACE OF THE SUPREME COURT BUILDING. IT IS PERHAPS THE MOST INSPIRING IDEAL OF OUR SOCIETY…IT IS FUNDAMENTAL THAT JUSTICE SHOULD BE THE SAME, IN SUBSTANCE AND AVAILABILITY, WITHOUT REGARD TO ECONOMIC STATUS.”

U.S. Supreme Court Justice Lewis Powell

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LSNV and the Justice Gap

Legal Services of Northern Virginia (LSNV) is the local legal aid program established in 1980. LSNV is a non-profit 501(c)(3) organization, funded by federal, state, local, and private funding that provides equal access to the civil justice system by providing free legal assistance to Northern Virginia residents who are low-income, elderly, and/or disabled. We assist with poverty law civil matters, providing services that range from advice and counsel to representation at judicial and administrative proceedings.

What is the Justice Gap? According to the most recent U.S. Census, a surprising total of more than 150,000 people in Northern Virginia are poor enough to qualify for legal aid. So despite LSNV helping thousands of people each year LSNV cannot meet the legal need of our eligible clients alone.

The Justice Gap is the difference between the level of legal assistance available and the level that is necessary to meet the needs of low-income Americans. These legal needs are human essentials such as protection from abusive relationships, safe and habitable housing, access to necessary health care, disability payments, child support and custody actions, and relief from financial exploitation. There is currently a compelling need for pro bono attorneys to commit themselves in Northern Virginia to the goal of ensuring access to justice for all. The engagement of private pro bono attorneys providing legal services to eligible clients enables us to bridge that gap. For every client served by an LSC-funded Legal Aid program, one person who seeks help is turned away due to insufficient resources

Less than 1 in 5 of the legal problems experienced by low- income people are addressed with the assistance of a private attorney (pro bono or paid) or a legal aid lawyer

There is only 1 legal aid attorney for every 6,415 low-income people. (By comparison there is 1 private attorney for every 429 individuals above the LSC poverty threshold.)

"Documenting the Justice Gap in America: The Current Unmet Civil Legal Needs of Low- Income Americans" September 2009, available at http://www.lsc.gov/sites/default/files/LSC/pdfs/documenting_the_justice_gap_in_america_2009. pdf.

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Becoming a Pro Bono Attorney with LSNV

What is Pro Bono? Virginia’s definition of pro bono includes “direct representation provided to persons of limited means or organizations that support the needs of persons of limited means for which no compensation was received or expected.”

Virginia’s Pro Bono Aspirations “Rule 6.1 of the Rules of Professional Conduct provides that every Virginia lawyer should render at least 2 percent per year of her or his professional time to pro bono legal services. Assuming 2,000 hours worked per year, this results in a goal of at least 40 hours of pro bono legal services annually per attorney.” Is there a Pro Bono Gap in Virginia? article from the February 2014 issue of Virginia Lawyer, available at http://www.vsb.org/docs/valawyermagazine/vl0214-pro-bono.pdf

Have you done your 40? Join the Rule 6.1 Society The Rule 6.1 Society, is LSNV’s new program to recognize and thank attorneys who perform at least 40 hours of pro bono work annually. Members of the Society receive an attractive lapel pin, a frame-able certificate of appreciation, and recognition on the LSNV website and at Annual Northern Virginia Pro Bono Reception.

How to Get Involved? There are a variety of ways to become involved with LSNV. We aim to find a mutually beneficial way for volunteering that satisfies both the needs of our organizations and the commitments volunteers are able to make. LSNV has limited resources and must take this in account in our ability to mentor and supervise our volunteers. Therefore, although a need may remain, LSNV may waitlist quality volunteers due to capacity limitations. If you are interested in becoming a volunteer with LSNV, please contact Jennifer Fulmer (formerly Haberlin) at [email protected].

Non-Attorneys Legal Interns: Legal interns support staff attorneys in providing legal assistance to LSNV clients. This support is designed to help LSNV pursue its mission of providing access to justice to the indigent and underserved. Interns assist LSNV attorneys in conducting client meetings, performing legal research, drafting legal documents, and preparing trial binders. Legal interns must be students at an accredited law school or non-Virginia barred attorneys, and should demonstrate an interest in LSNV’s mission of public service. Interns should have strong multi- task skills, should be proactive, interested in litigation, strong interpersonal skills, and should be sensitive to the needs of our clients.

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Paralegal Interns: Paralegal interns support staff attorneys in providing legal assistance to LSNV clients. This support is designed to help LSNV pursue its mission of providing access to justice to the indigent and underserved. Paralegals will be expected to assist LSNV attorneys as they meet with clients, draft legal documents, prepare trial binders and conduct day-to-day litigation assignments. Paralegal interns must demonstrate an interest in LSNV’s mission of public service.

Interpreters: LSNV is in need of assistance from volunteer interpreters in order to serve our non-English speaking clients. Please follow up with LSNV’s language access coordinator, Eric Moe at [email protected].

Attorneys The most common way for Virginia barred attorneys to get involved is by accepting case through our Pro Bono Case Referral Program. This program is described in detail in the following pages. However, supporting LSNV’s existing resources by volunteering to mentor staff and/or pro bono attorneys, training volunteer attorneys, conducting research, etc. is another helpful way to get involved. If you are interested in volunteering in this supportive role, please let us know by contacting the Pro Bono Managing Attorney Jennifer Fulmer (formerly Haberlin) at [email protected].

Pro Bono Case Referral Program

Legal Aid’s do not have the resources to meet the demand by its applicants. Pro Bono referrals are a way for the legal community to bridge the gap and provide access to justice to those who otherwise could not afford it. As a general policy, a client either gets an appointment with us or the pro bono attorney, not both.

Please note that many times when a case is referred, the legal issue has been designated by our office, however the legal merits of the case have not been assessed by an attorney. We request that our pro bono attorneys make necessary inquiries on the merits of the case. Unless you request otherwise, we will generally give the client your contact information and ask that the client contact your office.

The scope of representation is ultimately a decision between the pro bono attorney and the client. It is expected that the pro bono attorney will see the matter through if it is a meritorious and the client is cooperative. In extenuating circumstances (such as a conflict) we will consider getting involved. Withdrawal from a case prior to completion seriously compromises the representation. Finding substitute volunteer counsel mid-stream is often difficult and not guaranteed. Our office does not have the resources to handle previously assigned cases. If withdrawal becomes necessary, please attempt re-assignment within your firm, and notify our

4 | Page office. Ultimately, however, the attorney-client relationship is defined by your representation agreement and the rules of professional responsibility. Client expectations should be established up front at your initial interview and if and when a representation agreement is signed.

Our office does not “co-counsel” with or “supervise” pro bono attorneys. Therefore, do not put LSNV as counsel of record. We are available to mentor, discuss strategy, legal issues, and local court practice. The attorney’s responsibility is to serve a pro bono client with the same dignity and respect shown to any other client of the firm while providing zealous representation as required by the Code of Professional Responsibility. Our office suggests that you and the client sign a representation agreement at the initial meeting defining the scope of services. A sample representation agreement form is available through our office or you may use your own form. If a client asks about a new matter, then you are welcome to refer the client back to our office to see if assistance can be provided.

Eligible Clients LSNV clients must meet our program’s eligibility guidelines. Our office gathers demographic information, including household size, income and asset information, conducts a required check for conflicts of interest, records a brief description of the legal problem, and other financial information. Generally, eligibility is available for up to 200% of the federal poverty guidelines. If there is ever a question as to whether a referred client is financially eligible, please contact our office.

Please be aware that you may be the first attorney the client has ever met. Clients may not be aware of how to conduct themselves and may enter the relationship with doubt and mistrust, especially of the “system.” In addition, it may be difficult for a pro bono client to cooperate in the same way as a paying client. For example, a pro bono client may not have an answering or fax machine. Many of our clients have difficulty finding transportation, childcare, or taking time off work. This may hamper their ability to arrive to an appointment in a timely fashion. Our office recommends establishing boundaries and expectations up front.

Status Updates Periodically, LSNV will seek information regarding your case to comply with funding requirements. You may receive a case status or “tickle” e-mail from our office. We will need to know the following information 1) the hours spent on the representation and 2) a brief summary of the services provided. It is important that we receive this information in a timely manner. Additionally, you can manage your case yourself using our online Pro Bono Portal.

Fee Generating Cases The cases assigned to pro bono attorneys are not normally fee-generating cases. Some cases may result in an award of a fee, which may not have been foreseen at the time of referral. When

5 | Page available, the pro bono attorney is encouraged to seek attorney fees. The pro bono attorney may retain fees when awarded by the court.

Training/Mentorship Staff attorneys are available for questions and mentorship. Additionally, by becoming a member of probono.net/va at http://www.probono.net/va, you will have access to its library and training materials.

The program periodically offers Continuing Legal Education training seminars in substantive areas in which pro bono clients might need legal assistance. These training seminars are offered at no cost to pro bono attorneys generally in exchange for an agreement to take cases. If you think of a topic for one of these seminars or would like to conduct a training session, please share your idea with our Pro Bono Managing Attorney.

Liability Insurance Generally, throughout the course of the representation, the pro bono attorney is covered by our liability insurance for any claims arising from the handling of a LSNV Pro Bono Program matter. This coverage is secondary to your primary insurance. If you have particular questions concerning this coverage, please contact our Pro Bono Managing Attorney.

Thank You Our primary recognition of pro bono work occurs during the summer with a reception hosted in partnership with a local bar foundation and/or association. The pro bono attorney should receive an invitation to this event in the spring. If you do not receive this invitation, please contact our office. Our pro bono attorneys are part of a greater effort to bridge the access to justice gap and their work enhances the reputation of the profession as a whole. You will have personal satisfaction of knowing you provided access to justice in our community. If you believe you have a particularly good story and/or experience, we would like to hear about it. Please contact our Pro Bono Coordinator.

Pro Bono Portal - Accepting and Managing Referrals

Volunteers registered with the portal can view cases needing a referral. This list can be filtered by type of issue and problem location. You can then review the matter and check the names for a conflict. Then, if interested you can agree to the case. Notes can be entered into the portal at any time and then you can close the case online by entering the final outcome and your time.

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Professional Responsibility

RULE 1.8 (e) – lawyer representing indigent client may pay court costs and expenses of litigation on behalf of client Ghostwriting proposed Legal Ethics Opinion 1874 for public comment, if adopted it would overrule prior opinions holding that in Virginia a lawyer assisting a pro se litigant must disclose his/her involvement to the court. LEO 1874 concludes that no disclosure to the court is necessary and the law firm owes no ethical duty to ensure that the court is informed of the law firm’s assistance to the pro se litigant, unless the court has adopted a standing rule that requires such disclosure Rule 1A:5 Amended 2011 – allows admitted to states other than VA to do pro bono but are Virginia Part 1 Registered Virginia Corporate Counsel to do pro bono work. Removed requirement that had to be Legal Aid pro bono program and under direct supervision of legal aid lawyer or pro bono volunteer. 800 in-house attorneys RULE 6.5 - lawyer doing short-term limited legal services to a client without expectation by either that lawyer or client will provide continuing representation is subject to rules 1.7 and 1.9(a) and 1.10 only if the lawyer knows there is a conflict

Pro Bono Project Opportunities

Consumer Law Bankruptcy Referrals: LSNV needs experienced bankruptcy attorneys to represent LSNV applicants in Chapter 7 bankruptcies. Please contact Jennifer Fulmer at [email protected] to get involved.

Consumer Clinic: LSNV partners with Northern Virginia Pro Bono Law Center to run the consumer clinic. Pro Bono Attorneys may attend a free CLE training in exchange for agreeing to take two appointment dates. Client meetings generally occur Wednesday morning’s in LSNV’s Fairfax pro bono office. Pro Bono Attorneys are expected to represent clients in meritorious matters. LSNV attorneys are available the day of the clinics to answer any questions and for mentoring. Please contact Arlene K. Beckerman, Esq. Director of Pro Bono Activities at NVPBLC [email protected] to get involved. Other Jurisdictions: To volunteer with consumer issues in other jurisdictions, please contact Jennifer Fulmer at [email protected].

Association of Corporate Counsel/ National Capital Region Bankruptcy Rights Clinic: In- House Corporate Counsel that are members of ACC assess LSNV bankruptcy applicants on whether they are viable bankruptcy candidates. LSNV staff provides a one hour training at a corporate host site before the clinic. Afterwards, there are two client service appointments where ACC members are partnered with paralegals to provide advice and counsel to the LSNV

7 | Page applicants. LSNV staff is on hand for any questions. Please contact Ilene Reid, Executive Director at [email protected] to get involved.

Employment Law LSNV partners with Northern Virginia Pro Bono Law Center to run the employment clinic. Employment Attorneys are needed Thursday mornings to meet with client’s in LSNV's Fairfax Office to provide advice and representation in meritorious matters. Please contact Arlene K. Beckerman, Esq. Director of Pro Bono Activities at NVPBLC [email protected] to get involved.

Family Law Attorney of the Day Program: Pro Bono Attorneys represent protective order petitioners in family abuse matters. A free CLE training is available in exchange for an agreement to sign up for two hearing dates. Pro Bono Attorneys sign-up for two hearing dates and are expected to represent LSNV applicants in meritorious matters in the J&DR court. LSNV staff is available for mentoring in the case. Alexandria or Fairfax: Please contact Jennifer Fulmer at [email protected] to get involved. Prince William: Those interested in handling Prince William cases should contact Anna Bristle and Joanne Yi Chairwomen of the Prince William Pro Bono Committee at [email protected].

Protective Order Appeals: Pro Bono Attorneys are needed to represent LSNV applicants with protective order cases in Circuit Court. Please contact the Pro Bono Managing Attorney at LSNV, Jennifer Fulmer, at [email protected] to get involved.

Uncontested Divorces: Pro Bono Attorneys are asked to handle uncontested divorce cases on behalf of LSNV applicants. A free CLE training is available in exchange for an agreement to take cases. LSNV pre-screens cases to make sure that custody, support, and property issues are either resolved and/or are not at issue. Fairfax: Those interested in handling Fairfax residents should contact Arlene K. Beckerman, Esq. Director of Pro Bono Activities at NVPBLC [email protected]. Prince William: Those interested in handling Prince William cases should contact Anna Bristle and Joanne Yi Chairwomen of the Prince William Pro Bono Committee at [email protected]. Other jurisdictions: Please contact Jennifer Fulmer, the Pro Bono Managing Attorney with LSNV, at [email protected] if you are interested in any other jurisdiction.

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Housing Law Housing Clinic At the housing clinic Pro Bono Attorneys are asked to handle meritorious landlord/tenant matters. A free CLE training is available in exchange for an agreement to take appointment dates.

Fairfax: LSNV's Fairfax Office is provided for client meetings and staff is on hand to answer questions and for mentoring. Please contact Arlene K. Beckerman, Esq. Director of Pro Bono Activities at NVPBLC [email protected] to get involved. Prince William: Attorneys join LSNV staff at General District Court for the first return docket. LSNV staff are available to share and mentor cases. To get involved, please contact Anna Bristle and Joanne Yi Chairwomen of the Prince William Pro Bono Committee at [email protected].

Questions?

If you have any questions about the LSNV’s Pro Bono Program or want to discuss pro bono opportunities, please do not hesitate to contact the Pro Bono Managing Attorney, Jennifer Fulmer, [email protected].

THERE CAN BE NO EQUAL JUSTICE WHERE THE KIND OF TRIAL A MAN GETS DEPENDS ON THE AMOUNT OF MONEY HE HAS.”

U.S. Supreme Court Justice Hugo Black (1964)

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Ten Facts About Virginia’s Justice Gap Facts From the VSB Website http://www.vsb.org/site/pro_bono

Did you know? 1. Over 80% of the civil legal needs of the poor in Virginia and nationwide go unmet.[1] 2. Individuals who are represented by counsel are twice as likely to have a favorable outcome compared to those who are unrepresented.[2] 3. There are presently more than 1 million people in Virginia who are living in poverty. In other words, one in eight Virginians is eligible for free legal services from Virginia’s legal aid programs.[3] 4. 48% percent of low and moderate income households in Virginia experience a legal problem each year (approximately 400,000 legal problems annually).[4] 5. Because of funding cuts and decrease in IOLTA revenue, Virginia’s legal aid programs have lost 20% of their funding, resulting in a loss of 20% of total legal aid attorney and support staff statewide (61 positions total, including 34 attorneys). That leaves just 130 legal aid lawyers to cover the land area of Virginia or 42,775 square miles. At the same time Virginia’s poverty population has increased by over 30%.[5] 6. There is one legal aid lawyer per 7,237 poor persons in Virginia. Compare this to the ratio of one lawyer per 349 Virginians. [6] 7. Nationwide, 50% of the potential clients who request legal assistance from legal aid are turned away due to a lack of resources. People seeking assistance with family law cases were turned away 80% of the time.[7] 8. Rule 6.1 of the Virginia Rules of Professional Conduct every lawyer, regardless of professional prominence, should devote 2% of his or her professional time to pro bono legal services activity (or approximately 40 hours per year).[8] 9. If Virginia lawyers were in compliance with this aspirational goal, we should be providing over 900,000 hours of pro bono.[9] 10. According to the best available data, Virginia lawyers are providing just 80,000 hours of pro bono.[10]

[1] 2007 Virginia Legal Needs Study, commissioned by the Legal Services Corporation of Virginia (LSCV) and funded in part by the Virginia law Foundation; 1994 ABA National Legal Needs Study

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[2] Russell Engler, Connecting Self-Representation to Civil Gideon: What Existing Data Reveal About When Counsel is Most Needed, Fordham Urban Law Journal, Volume 37, Issue 1, 2009. pp. 51- 66.. [3] Legal Services Corporation of Virginia, Report to the Commonwealth and the General Assembly, FY 014-15, p. 8 [4] id [5] id [6] VSB Membership Report, August 3, 2015 (number of active Virginia lawyers); LSC Grant Application, May 2014(number of legal aid lawyers); US Census website (Virginia population and poverty population) [7]Legal Services Corporation, FY 2016 Budget Request; Alan W. Houseman, The Future of Civil Legal Aid in the United States, Center for Law and Social Policy (CLASP), November 2005 [8] Rule 6.1, Virginia Rules of Professional Conduct [9] Joanna L. Suyes and John E. Whitfield, Is There a Justice Gap in Virginia?, Virginia Lawyer, February 2014 [10] Legal Services Corporation of Virginia, Report to the Commonwealth and the General Assembly, FY 014-15;2013 VSB Access to Legal Services Statewide Survey of Independent Pro Bono Programs; and an extrapolation of ad hoc pro bono hours from ABA Supporting Justice III report, March 2013

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