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clients make good fits for volunteer attorneys (their court dates are too soon, their legal issues too complex, or ironically, their legal issue so straightforward that it does not provide enough experience to justify the firm placement process), we are constantly trying to identify clients who would achieve their goals with less than full representation . Rather than turning them away, we can offer “longer- term” brief services – such as a series of calls to review papers – because our staff attorneys can handle that while the lengthier matters go through the placement process . On occasion, if an urgent case is particularly compelling and the client has been unable to obtain representation elsewhere, we will find a way to take the case in-house – with our attorneys or law firm externs10 – rather than add the caller to yet another waitlist . Since full representation for us is achieved only through a careful matching of client to private attorney, we are careful as to how we allocate that resource, and make sure we have plenty of other alternatives so that no one contacting us for help leaves with nothing, but also so that they don’t leave with more than they need .
I receive regular anecdotal reports about the successes of our model – the clients who were armed with papers we prepared and prevailed in court on their own, or a volunteer attorney who helped a client’s child support payments grow from $50/month to $950/month . The former – pro se support – is one of the many services our staff attorneys provide . The latter, full representation on a litigated support matter, happens only because of the resources and time a private attorney can direct towards the kind of case most litigants face alone . There is no right to a lawyer for child support cases in New York, and most legal services offices are too swamped to take them . The private bar, however, can litigate these matters as they would any other, resulting in significant poverty-averting awards for our clients . This solution should not be a Band-Aid, but a reliable and logical piece of the access to justice practice .
III. A few examples of matching firm Needs to Client Needs
The following examples are hardly definitive, but are some illustrative examples from an organization that provides pro bono support as a primary focus . Many of us at Her Justice have worked on both sides of the firm/nonprofit relationship, and we are charting a specific role for organizations that focus on making the pro bono connection . I see it as the role of organizations like mine to improve, measure, and explain how best to support pro bono work so that we take advantage of untapped legal resources without putting additional burdens on legal services providers . These examples highlight what the private sector needs in order to provide volunteer services, and how one pro bono first organization works to meet that need in a way that best meets the needs of clients .
A. Complex Litigation Is the Toughest match, But the most Important
Complex litigation is a tough fit for volunteer attorneys . These cases can be drawn-out, unpredictable, and emotionally fraught – all of the qualities that make them intimidating or of concern for volunteers . However for historically disempowered litigants, like the poor women with whom we work at Her Justice, having an attorney is essential to protect their rights . It can also correct for any power imbalance that is inherent in litigation, often exacerbated by the presence of unrepresented parties . Especially if intimate partner abuse is involved, it is not only ludicrous but unsafe to expect a litigant to proceed alone . The benefit of representation in these
10 Four law firms place mid-level associates with us for 4 – 6 months on a full-time basis. Those associates receive intensive supervision, and handle a full caseload of primarily litigated matters.
Impact: Collected Essays on Expanding Access to Justice