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Lsnv's Pro Bono Handbook

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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 1 | Page 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. 2 | Page 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. 3 | Page 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
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