Page 107 - Impact: Collected Essays on Expanding Access to Justice
P. 107

a two-hour training on DAPA for Simpson volunteer attorneys, and held the DAPA clinic the next week . Both sessions were held in the Simpson offices, so it was easy for attorneys to attend at the end of, or as a break in their day . Simpson is also very easy to access by public transportation for clients, and together we were able to provide food and childcare . We ensured that a finger- printing machine was available, so many of the required documents could be assembled on site; with the help of Simpson’s photocopiers, formal requests of the FBI and other agencies were made on the spot . In two hours, 20 clients completed the preparation for DAPA submission . The attorneys gained Continuing Legal Education (CLE) credit hours,14 clients gained access to top-notch legal advice and practical help, and Her Justice was able to provide even more holistic services to its clients .
These clinics can grow even more as business development opportunities by partnering law firms with clients . Attorneys at corporate counsels’ offices often are interested in volunteering, but have limited time, and may lack liability insurance . When Skadden, Arps, Slate, Meagher & Flom and Credit Suisse worked together on a clinic with us, they enhanced their working relationship, increased the number of available attorneys, and served more clients . The nonprofit must spend time and energy identifying clients, training attorneys, and managing operations the day of the clinic . However, the effort results both in legal help and substantial in kind support for clients .
C. Limited scope representation Can offer Pro Bono Attorneys Appealing Time-Limited Commitments
The combination of court delays and pro se litigants, in what are already emotionally fraught cases, can result in cases that last many months or years . Cases of that duration are challenging for pro bono attorneys because they do not control their own schedules such that they can ensure availability that far into the future . In addition, there is a great deal of mobility in private law, so often the attorney of record on year one is no longer with the firm in year three . We can never know for certain how long a case will take, so setting expectations early is important, but assessing ways to offer shorter commitments is another terrific way to match pro bono attorneys to what they are best suited to do .
The clinic model described above is one approach to limit the attorneys’ time commitment . But many lawyers are eager to take on a case, not just provide advice . For that situation, limited scope representation offers many possibilities . Limited scope representation can take many forms and has historically raised some concerns, but it provides an important opportunity to match legal resource to need .15
One area in which we addressed this issue recently was with regard to U Visas . U visas offer the possibility of work authorization for foreign-born individuals who participate in criminal investigation or prosecution . They are often appealing remedies for victims of intimate partner violence who have called the police for protection . Her Justice is one of the major providers of this representation in New York City because these cases have historically been very popular with
14 While many private attorneys have access to CLE programs through their firm, it is an added advantage to achieve pro bono hours and CLE hours simultaneously.
15 See, e.g., aba sTanding commiTTee on Pro bono and Public serV., suPPorTing JusTice iii: a rePorT on The Pro bono work of america’s lawyers vii (2013), available at http://www.americanbar.org/content/dam/aba/administrative/ probono_public_service/ls_pb_Supporting_Justice_III_final.authcheckdam.pdf (reporting that 59 percent of attorneys surveyed indicated that limited scope pro bono opportunities would encourage their participation).
Alternative Models
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