Standing Committee on Pro Bono Legal Service Report to Court of Appeals of Maryland June 2010 December 2011

Transcription

1 Standing Committee on Pro Bono Legal Service Report to Court of Appeals of Maryland June 2010 December 2011 October 2012

2 TABLE OF CONTENTS I. Introduction... 2 II. Composition of Standing Committee and Revision of Rule III. Required Reporting of Pro Bono... 3 IV. Government Attorneys Project... 4 V. Waiver of Advanced Filing Fees... 5 VI. Local Pro Bono Committees... 7 A. Introduction... 7 B. Joint Meeting: Standing Committee and Regional and Local Pro Bono Comm. Chairs... 8 C. Best Practices Manual for Local Pro Bono Committees... 8 D. Western Maryland Regional Meeting... 9 E. Lower Shore of Maryland Regional Meeting... 9 F. National Celebration of Pro Bono Week G. Homeless Resource Days H. Summary of Local Pro Bono Committee Activities Allegany County Anne Arundel County Baltimore City Baltimore County Calvert County Caroline County Mid-Shore Pro Bono Regional Consortium Carroll County Cecil County Charles County Dorchester County Mid-Shore Pro Bono Regional Consortium Frederick County Garrett County Harford County Howard County Kent County Mid-Shore Pro Bono Regional Consortium Montgomery County Prince George s County Queen Anne s County Mid-Shore Pro Bono Regional Consortium St. Mary s County Somerset County Talbot County Mid-Shore Pro Bono Regional Consortium Washington County Wicomico County Worcester County I. Assessment of Local Pro Bono Committee Activities VII. Recommendations VIII. Appendices

3 STANDING COMMITTEE ON PRO BONO LEGAL SERVICE REPORT, JUNE 2010 DECEMBER 2011 I. Introduction In February of 2002, the Court of Appeals launched a statewide initiative to improve the existing pro bono delivery system in Maryland. The Court adopted Rule , establishing the Standing Committee on Pro Bono Legal Service (Standing Committee), and Rule , mandating the creation of a Local Pro Bono Committee (Local Committee) in each county. Together with Rule , which required each attorney authorized to practice law in Maryland to file an annual report on pro bono legal service, these new rules were intended to coordinate and revitalize the delivery of pro bono services in Maryland. The Court also adopted revisions to Rule 6.1 of the Maryland Rules of Professional Conduct, which clarified the definition of pro bono service and created an aspirational goal of fifty (50) hours of pro bono service annually for attorneys engaged in the fulltime practice of law. These revisions furthered the goal of encouraging more Maryland lawyers to render pro bono legal services annually. Since its creation in 2002, the Standing Committee has established the pro bono reporting process in Maryland, overseen the annual analysis of the results of that process, helped Local Pro Bono Committees organize and conduct surveys assessing the legal needs in their communities, and met with Local Committees individually and regionally. The Standing Committee also worked closely with the Local Pro Bono Committees to help them draft their Local Pro Bono Action Plans as required under Rule (c). On August 1, 2005, the Standing Committee submitted a State Pro Bono Action Plan to the Court of Appeals pursuant to Rule (c). The State Pro Bono Action Plan included a detailed description of the legal needs of Maryland s poor; the scope and extent of pro bono services in the state; a summary of the Local Pro Bono Action Plans; and a series of recommendations for the Standing Committee, the Court of Appeals, the Administrative Office of the Courts, the bar, the bench, and the legal services community. The State Action Plan was revised in December of 2006 to reflect the implementation of several of the recommendations. As a result of the Standing Committee s recommendations, the Court of Appeals revised Rule to increase the participation of judges on Local Pro Bono Committees, require submission of annual reports on May 1 of each year, require each Local Committee to establish a procedure for new membership, and allow counties within the same region to join together as a Local Committee with the approval of the Administrative Judge of the counties involved. In March of 2007, the Court of Appeals adopted the State Pro Bono Action Plan and approved all but one of the Standing Committee s twenty recommendations. The Standing Committee has continued to fulfill its mandate to oversee and facilitate the work of the Local Pro Bono Committees in each county. A top priority for the Standing Committee during was providing support and resources to the Local Pro Bono Committees and strengthening the ties between the Local Pro Bono Committee Chairs and the members of the Standing Committee. To that end, the Standing Committee held joint and regional meetings with the Local Committee Chairs, established Standing Committee Liaisons for each Local Committee, and provided guidance on the Best Practices Manual for Local Pro Bono 2

4 Committees to help enhance the performance of Local Pro Bono Committees. Other key activities of the Standing Committee included: oversight of the annual pro bono reporting process; a Government Attorneys Project to increase the pro bono participation of lawyers working for the state, federal, and local governments; outreach to County Attorney Offices; hosting Regional and Joint Meetings across the state; recommendations for strengthening the advanced waiver of filing fees for indigent litigants; and support for statewide programs during National Celebration of Pro Bono Week. II. Composition of Standing Committee and Revision of Rule As originally established by Rule , the Standing Committee consisted of thirteen (13) members comprised of attorneys from each of the appellate judicial circuits, one circuit and one district court judge, a representative of a legal services organization, and a member of the general public, as well as consultants appointed to the Committee from time to time. In May 2010, the Standing Committee submitted proposed changes to Rule to the Court of Appeals Standing Committee on Rules and Procedures to: 1) increase the number of judges who can serve as members of the Committee from one circuit court judge and one district court judge to a maximum of three each; 2) increase the representation on the Standing Committee of legal services provider organizations by adding representatives of the Legal Aid Bureau, Inc., Maryland Volunteer Lawyers Service (MVLS), the Pro Bono Resource Center of Maryland, Inc. (PBRC), and one additional pro bono referral organization; and 3) establish a three (3) year, renewable term for all Standing Committee members. In June, the Rules Committee voted to recommend the proposed changes to the Court of Appeals, and on October 19, 2010, the Court of Appeals adopted the proposed changes and appointed six (6) new members to the Standing Committee in accordance with revised Rule For lists of recent and current Standing Committee members, please review Appendix A ( ) and Appendix B (current). III. Required Reporting of Pro Bono One of the responsibilities of the Standing Committee is to oversee the process and trouble-shoot questions and concerns for required reporting of pro bono hours throughout the filing period. Members of the Standing Committee and PBRC staff responded to numerous inquiries about the pro bono rules and what qualifies as pro bono service. The pro bono reporting process was combined with the IOLTA required reporting several years ago so that lawyers are asked to complete both reporting forms at the same time. During the year, PBRC staff spent weeks contacting lawyers who failed to comply with the reporting rule for either the pro bono or the IOLTA reports to alert them to the consequences of failing to file and ensure that they had every opportunity to file their reports with the Court. The staff additionally assisted people who had difficulty filing online. The reporting process went smoothly as a larger percentage of lawyers chose to file online (77.8% or 27,373). ANASYS, INC., FINAL REPORT: CURRENT STATUS OF PRO BONO SERVICE AMONG MARYLAND LAWYERS, YEAR (2011), available at An independent contractor, ANASYS, compiled the results of the reporting process. Based on the results, the Administrative Office of the Courts issued its annual report entitled Current Status of Pro Bono Service Among Maryland Lawyers, Year 2010 which includes the collective results from the individual attorneys Pro Bono Legal Service Reports. Id. The report states that 3

5 Maryland lawyers provided 1,181,028 hours of pro bono services, an increase of 3.6 percent over the prior year (an increase of 41,162 hours). Id. at i, 6. A significant number of those hours were attributed to the Foreclosure Prevention Pro Bono Project. Id. at ii, 17. A separate question on that effort was included in the reporting form in 2008 to help identify how many lawyers were actively engaged in the Project. ANASYS, INC., FINAL REPORT: CURRENT STATUS OF PRO BONO SERVICE AMONG MARYLAND LAWYERS, YEAR 2008 ii, 22, 26 (2009), available at Overall, 58.8% of the fulltime lawyers in Maryland reported rendering some type of pro bono service in ANASYS, INC., FINAL REPORT: CURRENT STATUS OF PRO BONO SERVICE AMONG MARYLAND LAWYERS, YEAR 2010 i, 2, 7 (2011). Each year, the Standing Committee analyzes the results of the AOC report to inform its goals and help target its efforts. The Eastern Shore and Western Maryland continue to have higher proportions of lawyers rendering pro bono services overall than lawyers in other regions. Id. at i, 7, 8. This year, lawyers in Garrett County reported the highest percentage of lawyers rendering any pro bono services (90.3%) with Talbot County coming in second (72.6%) followed by Washington County (70.7%). Id. at 6 7. In contrast, Dorchester, Wicomico, Worchester, and Frederick counties have consistently experienced decreasing percentages of lawyers engaging in pro bono hours over the last three years. Id. at 7. Government lawyers continue to provide fewer pro bono hours than those in other offices; approximately 79% of the full-time Maryland bar listing government agency did not report any pro bono activity. Id. at 12, 16. In sum, the Standing Committee continues to believe the reporting process to be highly efficient and effective in raising awareness of the need for pro bono service and in helping to identify gaps and inform the Committee s work. The full ANASYS report Current Status of Pro Bono Service Among Maryland Lawyers, Year 2010 can be found on the judiciary s website at probonoreport2010.pdf. Key Findings from the report are attached as Appendix C. IV. Government Attorneys Project The Standing Committee has continued the Government Attorneys Project it initiated several years ago to increase the pro bono service of the many Maryland lawyers who are employed by the state, federal, and local governments. The focus of the Standing Committee s efforts has been on outreach to County Attorney s Offices throughout the State. Members of the Standing Committee who are liaisons with Local Pro Bono Committees have worked with their Local Committee Chairs to contact the County Attorney and determine if their Office has a pro bono policy, whether the policy is written or unwritten, and whether the policy permits staff attorneys to perform pro bono service. In addition to collecting information about current policies, the Standing Committee developed a Model Pro Bono Policy for Government Attorneys which includes provisions covering the key issues that may be included in a pro bono policy and addresses the primary concerns that government law offices may wish to consider as they develop their own policies. COURT OF APPEALS STANDING COMMITTEE ON PRO BONO LEGAL SERVICE, MODEL PRO BONO POLICY FOR GOVERNMENT ATTORNEYS (2010). Members of the Standing Committee have shared the Model Pro Bono Policy for Government Attorneys with several County Attorney Offices and local, state, and federal government offices. A copy of the Model Pro Bono Policy for Government Attorneys is attached as Appendix D. 4

6 In September 2010 after meeting with Standing Committee Member Judge Cathy Serrette and Prince George s County Local Pro Bono Committee Chair Janet Hart Stephanie Pratt Anderson, County Attorney for Prince George s County, adopted a pro bono policy for her office based upon the Model Pro Bono Policy for Government Attorneys and appointed a pro bono coordinator. This success has raised awareness of the need and opportunity for pro bono service in the county. The Standing Committee has also collaborated with the Local Pro Bono Committee for Prince George s County and the Baltimore City Law Department in holding informative events specifically targeting attorneys employed by the state, federal, and local governments. In October 2010, the Local Pro Bono Committee for Prince George s County held a Pro Bono Luncheon during National Pro Bono Week 2010 for government attorneys from the County Office of Law, the Public Defender s Office, and State s Attorney s Office. Special guests included Glenn Ivey (State s Attorney), Paul DeWolfe (Public Defender), Brian Denton (District Public Defender), Circuit Court Judges, and numerous legislators. Sharon E. Goldsmith of PBRC and member of the Standing Committee and Neal Conway of Community Legal Services of Prince George s County spoke to the approximately seventy-five (75) attendees. In November 2011, along with the Baltimore City Law Department, PBRC, MVLS, the Bar Association of Baltimore City s Government and Public Interest Lawyers Committee, the Court of Appeals Standing Committee on Pro Bono Legal Service co-hosted Go Bono!: Government pro-bono attorneys helping citizens through The Great Recession, a free luncheon for government attorneys to provide information about the demand for legal services, how to avoid legal conflicts with government clients, and ways to provide pro bono legal service while also receiving free malpractice insurance, training and mentoring. Robert Anbinder of the Baltimore City Law Department and Member of the Standing Committee helped to spearhead the event. At his invitation, Baltimore City Solicitor George A. Nilson addressed the group and encouraged their participation in pro bono activities. Representatives from various legal services organizations were present to speak with the approximately thirty (30) government attorneys who attended the event. Lawyers from the Baltimore City Law Department, the Baltimore County Office of Law, the Office of the Public Defender, the Office of the State s Attorney, the Office of the Attorney General, and other government agencies participated in the event. A copy of the agenda from GoBono! event is attached as Appendix E. V. Waiver of Advanced Filing Fees For some time, the Standing Committee had received reports from pro bono providers in several counties that clients represented by pro bono attorneys were not being granted automatic fee waivers in cases where the client is entitled to the waiver. The provisions providing for such automatic fee waivers are not found in the Maryland Rules of Civil Procedure, but are set forth in Courts and Judicial Proceedings Article 7-201, Section III (B)(1)(J) of the Revised Schedule of Circuit Court Charges, Costs, and Fees Established Under Courts Article, [hereinafter Circuit Court Fee Schedule], located in the Editor s Notes to the Courts and Judicial Proceedings Article 7-202, and Maryland District Court Administrative Regulation XIX [hereinafter District Court Fee Schedule], located on District Court Form DCA 109. MD. CODE ANN., CTS. & JUD. PROC , (LexisNexis 2007 & Supp. 2011); District Court Form DCA 109 (Rev. 5

7 January 2012), available at The Circuit Court Fee Schedule states: A clerk shall not collect a filing fee,... or other court cost in advance in:.... a case in which the plaintiff or petitioner is represented by counsel retained through a pro bono or legal services program that is recognized by Maryland Legal Services Corporation, if the program provides the clerk with a memorandum that names the program, attorney(s), and client(s), that specifies that representation is being provided for client(s) meeting the financial eligibility criteria of the Corporation, and that states that payment of filing fees is not required under the Prisoner Litigation Act. (emphasis in original) MD. CODE ANN., CTS. & JUD. PROC (LexisNexis 2007 & Supp. 2011). The District Court Fee Schedule has similar language. 1 Instead of following the provisions of the Courts and Judicial Proceedings Article, it was reported that court clerks in some counties are rejecting the memoranda filed by pro bono attorneys establishing their client s eligibility for the automatic waiver of advanced filing fees, and courts are requiring attorneys to take the additional step of filing a request for an order waiving the prepayment of filing fees and court costs pursuant to Maryland Rule MD. R (West 2012). In addition, some judges are reportedly denying Rule petitions even when the client establishes that they meet the financial eligibility standards of the Maryland Legal Services Corporation. Id. This year, the issue was raised with the Maryland Access to Justice Commission, which engaged in significant discussion on the topic. Members of the Standing Committee then worked in concert with the Access and Delivery of Legal Services Committee of the Maryland Access to Justice Commission to strengthen the language, encourage fair and consistent implementation of the fee waivers, and suggest ways to help educate court personnel of the waiver provisions. To address this problem, the Standing Committee supports an amendment to Rule 1-325, which applies to actions in both Circuit and District Court. Id. The Standing Committee believes that a proposed modification of Rule should incorporate the appropriate language from the Circuit Court Fee Schedule mandating an automatic advance waiver of filing fees for pro bono clients where the appropriate memorandum is filed in either the Circuit or District Court, provided the client is represented by counsel through an MLSC-funded program. MD. CODE ANN., CTS. & JUD. PROC (LexisNexis 2007 & Supp. 2011) (section III (B)(1)(J) of the Editor s Notes). The Maryland Access to Justice Commission has drafted a proposed modification of Rule which includes these changes, as well as language which would include prepayment waivers for cases from the Office of the Public Defender and provide for the use of MLSC guidelines when judges exercise their discretion in granting fee waivers for selfrepresented litigants. 1 Advance payment of costs shall not be required in any case in which the plaintiff/petitioner is represented by counsel paid through JUDICARE; provided by Maryland Legal Aid Bureau, Inc.; or retained through a pro bono or legal services program that is recognized by Maryland Legal Services Corporation if the program provides the clerk with a memorandum that names the program, attorney(s) and client(s) and that specifies that representation is being provided for client(s) meeting the financial eligibility criteria of the corporation. If the petitioner is eligible for this exception, payment of costs in a case other than civil are waived. District Court Form DCA 109 (Rev. January 2012) (emphasis in original) (available at 6

8 Another issue involves waiver of costs allocated at the conclusion of the case. Although courts currently have the authority to grant waivers to indigent litigants, the Maryland Rules do not require courts to consider financial ability of the litigant before deciding whether to grant a waiver of final court costs. MD. R , (West 2012). Maryland Rule currently authorizes the waive[r of] final costs... if the court finds that the party against whom the costs are assessed is unable to pay them by reason of poverty. MD. R (West 2012). However, this waiver extends only to indigent persons in Circuit Court 2 domestic relations cases; it does not apply to litigants in District Court or non-domestic relations cases in Circuit Court. Id.; compare MD. R (West 2012), with MD. R (West 2012). To improve the process for court cost waivers for indigent litigants, the Maryland Access to Justice Commission has drafted a proposed modification of Rules and which remove the reference to domestic relations cases in the Circuit Court rule and will reference waiver of costs for all indigent litigants in both the Circuit and District Court rules, including those represented by MLSCfunded providers, those represented in civil matters by the Office of the Public Defender, and self-represented indigent litigants. These recommended modifications to Maryland Rules 1-325, 2-603, and have been forwarded to the Rules Committee, and the Standing Committee will be monitoring those proposed rule changes. VI. Local Pro Bono Committees A. Introduction The principal role of the Standing Committee on Pro Bono Legal Service is to oversee and facilitate the work of the Local Pro Bono Committees in each county. Pursuant to Rule , the Local Pro Bono Committees were charged with establishing goals and priorities for pro bono services in their counties and devising a Local Pro Bono Action Plan tailored to the needs of their jurisdiction. In the early years, the Standing Committee assisted the work of the Local Pro Bono Committees by creating a template for the Local Pro Bono Action Plans, conducting a statewide survey of legal services providers in the state and providing county-specific information to the Local Committees, designing a survey of human and social services agencies and a client survey for use by the Local Committees, and preparing a Local Pro Bono Committee Resource Manual. The Standing Committee also hosted several regional meetings of Local Pro Bono Committees to share ideas and encourage program planning. For instance, in 2005, the Local Committee members of five counties on the Eastern Shore Caroline, Dorchester, Kent, Queen Anne s, and Talbot met to discuss increasing organized pro bono activity in that region. Several committees recommended establishing a local pro bono coordinator, which ultimately led to the creation of Mid-Shore Pro Bono, Inc., a regional pro bono referral agency that now serves those five counties. In 2006, the Standing Committee convened a meeting with the Central Western 2 Although courts have always have the authority to grant waivers to indigent clients, the Maryland Rules do not require courts to consider granting a waiver of final court costs in either Circuit or District Court cases. Compare MD. R (West 2012), with MD. R (West 2012). 7

9 counties of Carroll, Frederick, and Howard, and in 2007, the Lower Shore counties of Somerset, Wicomico, and Worcester met to discuss regional needs. A regional meeting took place in Southern Maryland in January of 2008 with Calvert, Charles and St. Mary s counties where Local Committee Chairs explored the possibility of initiating joint projects in the region. The Standing Committee oversaw the submission of the Annual Local Pro Bono Committee Reports, as required under Maryland Rule To enhance the opportunity for dialogue among Local Pro Bono Committees, the Standing Committee held a statewide meeting of Local Pro Bono Committee Chairs in 2010 during the 13th Annual Maryland Partners for Justice Conference in Baltimore, Maryland. During , the Standing Committee also facilitated two regional meetings for Local Pro Bono Committees as described below. B. Joint Meeting of the Standing Committee and Regional and Local Pro Bono Committee Chairs On May 26, 2011, the Standing Committee held a joint meeting with the Local Pro Bono Committee Chairs during the 13th Annual Maryland Partners for Justice Conference at the Baltimore Convention Center. The meeting was well attended by individuals from across the state, including members of the Standing Committee, Local Pro Bono Committee Chairs from fifteen (15) counties, and representatives from numerous legal services providers. Ward B. Coe, III, Chair of the Standing Committee, gave a warm welcome to the Local Pro Bono Committees and other attendees, commended the Committees for their work to increase pro bono services in Maryland, and briefly described the purpose of the gathering. Local Committee Chairs presented reports on the work of their Committees, and the Standing Committee discussed a few of its initiatives, including the Government Attorneys Pro Bono Project and National Celebration of Pro Bono Week activities. It also presented the Pro Bono Results and Key Findings for 2009, spoke briefly about the Annual Report to the Court of Appeals, and discussed the Automatic Fee Waiver revisions. ANASYS, INC., FINAL REPORT: CURRENT STATUS OF PRO BONO SERVICE AMONG MARYLAND LAWYERS, YEAR 2009 (2010), available at COURT OF APPEALS STANDING COMMITTEE ON PRO BONO LEGAL SERVICE, REPORT TO THE COURT OF APPEALS OF MARYLAND, (2010), available at The Standing Committee reviewed the variety of resources available to assist Local Pro Bono Committees in their work, including training and many varied resources and support services available for pro bono attorneys through PBRC, short-term pro bono opportunities available for attorneys unable to provide full representation of pro bono clients, and resources available to the public, such as The Peoples Law Library of Maryland ( and Maryland Lawyers Care Brochures. A copy of the Agenda for the Joint Meeting held on May 26, 2011, is attached as Appendix F. C. Best Practices Manual for Local Pro Bono Committees In , the Standing Committee published a Best Practices Manual for Local Pro Bono Committees. In developing the Best Practices Manual, the Standing Committee used questionnaire feedback from Local Pro Bono Committee Chairs and conducted research nationally to determine the most effective means for increasing participation in pro bono service, 8

10 In addition to describing numerous best practices for volunteer recruitment, training and resources, the Best Practices Manual addresses ways for Local Committees to collaborate with the judiciary and legal services providers in their counties, conduct effective community outreach, and adopt innovative pro bono projects. It also includes a Handbook for New Local Pro Bono Committee Members, which provides a detailed history of pro bono in Maryland, and a Q & A section entitled Maryland Pro Bono Basics. The Best Practices Manual for Local Pro Bono Committees was distributed to the Local Pro Bono Committee Chairs in June of 2010 at the second joint meeting of the Standing Committee and Local Chairs. Since its dissemination, members of the Standing Committee and PBRC have provided mini-presentations on best practices to Local Committees across the state. D. Western Maryland Regional Meeting On September 27, 2011, the Standing Committee on Pro Bono Legal Service held a Regional Meeting of the Standing Committee and Local Pro Bono Committees in Western Maryland, which includes Allegany, Garrett, and Washington counties. The meeting was well attended, with representatives from the Standing Committee on Pro Bono Legal Service; PBRC; Local Pro Bono Committee members from all three counties; local bar leadership; legal service providers; court staff, including Judges and Masters; representatives from the Office of the State s Attorney, Office of the Public Defender, and Office of the County Attorney; and members of the private bar (23 total attendees). The Standing Committee provided a synopsis of progress around the state and provided statistics on attorneys providing pro bono legal service in Allegany, Garrett, and Washington counties. Then, representatives from the legal service providers serving the Western Region (Maryland Legal Aid s Mid-Western Office, Maryland Legal Aid s Western Office, and Allegany Law Foundation 3 ) spoke about the legal needs in the Allegany, Garrett, and Washington counties region. Local Pro Bono Committee Chairs presented reports on the work of their Committees. The Standing Committee presented a sampling of project initiatives: the Government Attorney Project, Homeless Resource Day, Best Practices Manual for Local Pro Bono Committees, Best Practices Manual for Pro Bono Service Providers, and Waiver of Advanced Filing Fees. The Standing Committee reviewed the variety of resources available to assist Local Pro Bono Committees in their work, including training and support services. As a result of this regional meeting, Local Committees and pro bono service providers have begun collaborating with one another. A copy of the Agenda for the Western Maryland Regional Meeting held on September 27, 2011, is attached as Appendix G. E. Lower Shore of Maryland Regional Meeting On January 12, 2012, the Standing Committee on Pro Bono Legal Service held a Regional Meeting of the Standing Committee and Local Pro Bono Committees on the Lower Shore of Maryland, (i.e., Somerset, Wicomico, and Worcester counties). Thirty (30) people attended, including representatives from the Standing Committee on Pro Bono Legal Service; PBRC; Local Pro Bono Committee members from all three counties; local bar leadership; legal service providers; court staff; Judges, Masters, and Family Services Coordinators; representatives from the Office of the State s Attorney, Office of the Public Defender, and Office of the County Attorney; and members of the private bar. The Standing Committee provided a brief historical overview of the Standing Committee and Local Pro Bono Committees, congratulated the Lower 3 MVLS was invited to attend, but did not send a representative. Information and materials provided by MVLS was shared with the group. 9

11 Shore on their strong history of pro bono service, provided statistics on attorneys providing pro bono legal service in Somerset, Wicomico, and Worcester counties, and provided a synopsis of progress around the state. In preparation for this meeting, members of the Standing Committee interviewed local pro bono committee members, members of the local bar association, attorneys in private practice, family service coordinators, and representatives from the pro bono legal service providers on the Lower Shore to identify the legal needs and barriers to pro bono engagement on the Lower Shore. The Standing Committee presented the results of these interviews to the group. The attendees then broke into three smaller groups, with each group discussing a separate topic: legal needs v. volunteer interest and expertise, volunteer recruitment and retention, and collaborating with the bench. After the small group discussions, attendees regrouped and reported to the full gathering. The Standing Committee noted the challenges and issues raised and presented a sampling of collaborative project initiatives that could help address the issues raised and be replicated on the Lower Shore. The Standing Committee also proffered assistance from a variety of resources available to assist Local Pro Bono Committees and the members of the bar in their work. The group reached the consensus that the bar culture on the Lower Shore needs to change in order to engage more attorneys, and attendees expressed an interest in incorporating pro bono into an upcoming local bar association meeting or event. Attendees also expressed interest in a regional educational component and were appreciative of the opportunity to develop partnerships and gain insight into the resources available to them. As a result of this regional meeting, MVLS strengthened its relationship with the Legal Aid Bureau s Lower Shore Office, and the Legal Aid Bureau now refers cases that they cannot handle to MVLS for placement with pro bono and Judicare attorneys. A copy of the Agenda for the Lower Shore of Maryland Regional Meeting held on January 12, 2012, is attached as Appendix H. F. National Celebration of Pro Bono Week Members of the Standing Committee and Local Pro Bono Committees were actively involved in the coordination and facilitation of over twenty-five (25) pro bono service projects, trainings and recognition events that took place across the state during the 2010 National Celebration of Pro Bono Week from October 25 31, Public service projects included legal clinics in the courthouses, community workshops, and legal fairs in various counties, some for the first time. The range of events was impressive. A copy of the complete statewide 2010 National Celebration of Pro Bono Week calendar is attached as Appendix I. The following year, during the 2011 National Celebration of Pro Bono Week from October 23 29, 2011, members of the Standing Committee and PBRC staff were actively involved in the coordination and facilitation of over thirty (30) events statewide, including six (6) events recognizing pro bono attorneys and other pro bono supporters; five (5) educational events for pro bono attorneys, which were offered for free or a reduced cost in exchange for a pro bono commitment; and at least nineteen (19) client service events. For a comprehensive listing of the 2011 National Celebration of Pro Bono Week activities, see Appendix J. G. Homeless Resource Days Coordinated by the Department of Social Services, Homeless Resource Days are one-day, onestop events where individuals and families experiencing homelessness can access benefits, medical care, substance abuse resources, mental health counseling, pro bono legal advice, and a 10

12 variety of social services which can ultimately lead to housing and self-sufficiency. Volunteers assist homeless individuals and families obtain vital services, such as birth certificates, MVA identification, health screening, substance abuse and mental health screening, job training resources, housing assistance, haircuts, mobile showers and laundry facilities, medical and dental treatment, clothing, and employment. On Saturday, March 26, 2011, the Anne Arundel County Pro Bono Committee participated in the Fourth Annual Anne Arundel County Homeless Resource Day at Glen Burnie High School. This is the third year that legal services have been incorporated into the event; in 2011, eight attorneys provided brief, limited legal advice to seventy (70) participants on issues such as expungment, family law, housing, and benefits. Following the successful completion of the event, Governor Martin O Malley commended the effort and asked the Department of Social Services to replicate the event across the state. The Standing Committee considered a legal component to be crucial to the mission of Homeless Resource Days: provide services to the community that ultimately lead to housing and self-sufficiency. To accomplish this goal, the Standing Committee assisted in publicizing and educating members of the legal services community and the bar about Homeless Resource Days. Since March 2011, Homeless Resource Days with a legal component have been held in the following counties: Baltimore City, Carroll County, Montgomery County, and Prince George s County. H. Summary of Local Pro Bono Committee Activities The Local Pro Bono Committees have continued to work at the county level through a broad spectrum of activities to assure access to justice for Maryland s indigent and underrepresented. While the nature and degree of the work done by each Local Pro Bono Committee varies, most of the Local Pro Bono Committees are actively engaged in the effort to increase the amount of pro bono service provided by attorneys in their counties. The following is a summary of the most recent activities of the Local Pro Bono Committees in Maryland s counties from May 1, 2010 through December 31, Lists of all recent and current Local Pro Bono Committee Chairs are attached as Appendix K ( ) and Appendix L (current). 1. Allegany County As the membership composition of the Allegany County Pro Bono Committee and Board of Directors of Allegany Law Foundation, Inc. are nearly identical, the groups share activities, including meetings, fundraising, committee work and priority setting goals. The efforts of these two groups support the staff of the Allegany Law Foundation, which screens and places pro bono and Judicare cases, hosts an in-house brief legal advice and referral hotline, and coordinates the attorneys working in the Family Law Self-Help Clinic at the Allegany Circuit Court. Allegany Law Foundation has co-sponsored numerous Foreclosure Solutions Workshops with PBRC, legislative officials, and Maryland DHCD. Members of the judiciary have sent letters to members of the Bar Association of Allegany County recruiting volunteers for pro bono legal service. Allegany Law regularly sends help needed requests by to the Bar Association to place pro bono cases. The Committee conducts targeted solicitation by telephone according to practice area and posts volunteer opportunities on Allegany Law s website ( 11

13 In December 2011, the Committee co-sponsored a training with Civil Justice, Inc. for attorneys in exchange for a pro bono commitment entitled Maryland Foreclosure Mediation and Mortgage Fraud Prevention Act. After attending the successful training, several private attorneys have served on the Allegany Law Foundation s pro bono panel representing homeowners in foreclosure mediation. The Committee collaborated with the U.S. Bankruptcy Court to create a Debtor Assistance Project desk at the Allegany Law office, at which two volunteer attorneys provide brief legal advice to the general public on bankruptcy issues on the third Friday of each month from 10:00 a.m. to 2:00 p.m. The Allegany Law Foundation is exploring a low bono panel by working with Civil Justice, Inc. to increase access to services in Allegany County. On September 27, 2011, the Court of Appeals Standing Committee on Pro Bono Legal Service held a Western Maryland Regional Meeting of the Standing Committee and Local Pro Bono Committees in Cumberland, Maryland (see p. 9) with individuals from Allegany, Garrett, and Washington counties. The 23 attendees included members of the Standing Committee and Local Pro Bono Committees; local Judges, Masters and Family Services Coordinators; local bar leadership; State s Attorneys; County Attorneys; Public Defenders; local legal service providers; and other key players in the legal community. Several of the local legal services providers attended and shared their frustration at attempting to meet the ever-growing needs of the lowincome population in their rural counties. The Standing Committee attempted to address some of those challenges by sharing strategies for outreach, pro bono project ideas, and offers of training and support services. The group reported learning a significant amount about the needs of the community as well as the available resources. In its Annual Report, the Allegany County Pro Bono Committee requested assistance obtaining additional funds for Judicare attorneys and other low-bono programs. The Local Committee would also like additional resources to improve the Family Law Self-Help Program to meet the needs of the overwhelming number of pro se litigants representing themselves in family law cases in Allegany County. 2. Anne Arundel County Over the past year, the Anne Arundel County Pro Bono Committee actively engaged in the process of reconstituting the Committee, which has not been in compliance with Maryland Rule for some time. A full committee roster was filled as of July 2011, and the members selected a Chair. The Anne Arundel County Pro Bono Committee continued to coordinate the Ask a Lawyer in the Library program, in which volunteer attorneys offer free, limited legal advice on civil matters in the law library. Over the past year, the Committee increased the frequency of the Ask a Lawyer in the Law Library program from a monthly to weekly clinic and established a monthly Ask a Lawyer in the Library program in the public libraries as of January During National Celebration of Pro Bono Week 2011, the Pro Bono Committee extended Lawyer in the Library hours in an effort to provide access to legal services to members of the community who might otherwise be unable to consult with an attorney. The Lawyer in the Library model gained 12

14 national attention in the legal community when it was featured in American Bar Association President Wm. T. (Bill) Robinson, III s President s Message entitled Lawyers Do Well by Doing Good in the October 2011 issue of the ABA Journal. As noted previously, the Anne Arundel County Pro Bono Committee participated in the Fourth Annual Anne Arundel County Homeless Resource Day on Saturday, March 26, 2011, at Glen Burnie High School (see p. 10). This is the third year that legal services have been incorporated into the event; in 2011, eight attorneys assisted seventy (70) participants with issues such as expungment, family law, housing, and benefits. In addition to legal services, homeless individuals attending the event also received a multitude of non-legal services. In November 2011, the Anne Arundel County Pro Bono Committee participated in a mini Homeless Resource Day at a church in Glen Burnie, where one volunteer attorney provided brief legal advice to attendees. In March 2011, a member of the Standing Committee and Chair of the Local Committee, made a presentation to the James C. Cawood, Jr. American Inns of Court in Anne Arundel County as part of a program on the pro bono obligations of Maryland attorneys. The Committee coordinated with the local bar to add a pro bono segment to the annual Meet the Judges program on October 11, During the program, the Committee played a video, which showcased pro bono programs and volunteer attorneys. Pro bono attorneys and representatives from PBRC and various pro bono legal service providers spoke about pro bono opportunities and staffed information tables. The event increased awareness of the need for pro bono legal service and highlighted the importance of and need for additional volunteer participation in the county. The Committee regularly recognizes the pro bono activities of attorneys in Anne Arundel County. The Local Committee highlights pro bono programs such as Homeless Resource Day and Lawyer in the Library in the Anne Arundel Bar Association Newsletter, The Barrister. During National Celebration of Pro Bono Week, the Anne Arundel County Pro Bono Committee and Anne Arundel County law library host an appreciation lunch for the attorneys who volunteer for the Ask a Lawyer programs at which the local bar association president presents each volunteer attorney with a certificate of thanks for their volunteer time. 3. Baltimore City As the membership composition of the Baltimore City Pro Bono Committee and Bar Association of Baltimore City s Pro Bono and Access to Legal Services Committee are nearly identical, the group shares activities, including meetings, committee work, and priority setting goals. The Committee has continued efforts to encourage members of the private bar, government attorneys (including representatives from the Office of the Public Defender, Office of the State s Attorney, Baltimore City Law Department, and other governmental agencies), and representatives from legal services programs to participate in Local Committee meetings and projects. The Baltimore City Pro Bono Committee has continued to work as part of an active partnership with the Bar Association of Baltimore City (BABC), the Young Lawyers Division of the BABC, Legal Aid Bureau, Inc., Senior Legal Services (f/k/a Legal Services to the Elderly), MVLS, PBRC, and the Young Lawyers Section of the Maryland State Bar Association, to host biannual Pro Bono Day legal clinics in October and May. Pro Bono Day is a free legal walk-in clinic for 13

15 the public where volunteer attorneys provide one-on-one brief legal consultations in many different areas of civil law, including family law, consumer debt, criminal records expungement, employment law, housing, government benefits, wills and advance directives, elder law, and foreclosure. During the 2011 Spring and Fall Pro Bono Days, volunteer attorneys provided brief legal advice to nearly 300 clients. The Committee has reached out to members of the specialty bar associations, community service providers, and legal services community to identify next steps in broadening access to Pro Bono Day or in creating future projects that target community needs. As noted previously, in November 2011, the Standing Committee joined the Baltimore City Law Department, PBRC, MVLS, and Bar Association of Baltimore City s Government and Public Interest Lawyers Committee, to host the first Go Bono!: Government pro-bono attorneys helping citizens through The Great Recession event (see p. 4). The event encompassed a free luncheon for government attorneys to provide information about the demand for legal services, how to avoid legal conflicts with government clients, and ways to provide pro bono legal service while also receiving free malpractice insurance, training, and mentorship. Representatives from the Baltimore City Law Department, Standing Committee, PBRC, and various pro bono legal service providers spoke to the thirty (30) plus attendees and at the conclusion of the event, participants had an opportunity to meet with legal service providers one-on-one to discuss pro bono opportunities in more depth. In its Annual Report, the Baltimore City Pro Bono Committee asked the Standing Committee to provide guidance on marketing pro bono legal service to the Local Bar Association and recruiting additional volunteer attorneys. The Committee also requested that the Standing Committee continue to serve as a resource for facilitating discussions on best practices for local pro bono committees and share new efforts that are occurring statewide so that local committees can keep up to date on statewide efforts. 4. Baltimore County The Baltimore County Pro Bono Committee meets regularly and works closely with the Baltimore County Bar Association Pro Bono Committee to focus on training, volunteer recognition, and providing short-term pro bono opportunities for attorneys. The Committee hopes to engage Circuit Court and District Court Judges to encourage pro bono activity in Baltimore County. The Committee realizes the importance of reaching out to immigrant communities and plans to recruit bilingual volunteer attorneys to assist this population. The Committee offers an annual Best Practices in Family Law training during National Celebration of Pro Bono Week to address the county s overwhelming need for pro bono assistance in family law cases. The training is free, but attendees must agree to accept a pro bono family law case from one of three providers: MVLS, Maryland Legal Aid Bureau (Baltimore County office), or the Women s Law Center of Maryland. Sixty (60) attorneys attended one of two trainings offered during Each trained attorney was given an experienced family law attorney as a mentor. The Committee regularly recognizes the pro bono activities of attorneys in Baltimore County. During National Celebration of Pro Bono Week, the Baltimore County Pro Bono Committee acknowledges pro bono volunteers at their annual Pro Bono Awards Reception. The Local Pro 14

16 Bono Committee also highlights pro bono attorneys and pro bono activities in the Bar Association newsletter The Advocate. In 2010, the Pro Bono Committee launched a long-term project called Lawyer in the Lobby during National Celebration of Pro Bono Week 2010 (October 27, 2010). This monthly walk-in clinic located in the family law pro se clinic office off the lobby of the Baltimore County Circuit Court utilizes volunteer attorneys to provide up to twelve 20 minute consultations on a firstcome, first-serve basis. Since its creation, the Lawyer in the Lobby has increased to two attorneys per shift and provides assistance on a variety of civil, non-domestic issues. The Baltimore County Bar Association advertises the clinic through links on websites for the Baltimore County Bar Association, the Baltimore County Bar Association s publication The Advocate, and the Baltimore County Law Library. To commemorate National Celebration of Pro Bono Week 2011 and Legal Aid s 100th Anniversary, the Pro Bono Committee coordinated its inaugural Baltimore County Bar Association Pro Bono Day walk-in legal clinic on October 22, Seventeen (17) volunteer attorneys, paralegals and community members participated in the event, providing free legal advice to ninety-seven (97) individuals on one-hundred-twenty-one (121) different legal issues. Family law and consumer issues were the most requested areas. Due to the success of its initial Pro Bono Day, the Pro Bono Committee plans to hold two Pro Bono Days each year in different locations around the county. 5. Calvert County The Calvert County Pro Bono Committee continues to coordinate volunteer attorneys for the weekly Family Law Self-Help Clinic at the Calvert County Circuit Court and hosts a quarterly appreciation luncheon for the volunteers with the Calvert County Circuit and District Court Judges as a thank you for their pro bono work. The Local Pro Bono Committee Chairs from Calvert, Charles and St. Mary s counties maintain regular contact to discuss the implementation of a best practices seminar to recruit additional pro bono attorneys. Although the Pro Bono Committee has offered training in the areas of family law, Medicaid, and special education, no members of the local bar registered. The Calvert County Pro Bono Committee handles referrals for county residents seeking pro bono or reduced fee representation. The Local Chair personally screens and places these cases with volunteer attorneys. Despite the relatively small bar size, the Local Chair has successfully placed cases by recruiting volunteers through phone calls, s, and announcements at bar association meetings. The Pro Bono Committee has also coordinated with the Maryland Legal Aid Bureau and the Office of the Public Defender to extend services to those who would not otherwise qualify due to income eligibility restrictions or type of case. 6. Caroline County Mid-Shore Pro Bono Regional Consortium The Caroline County Pro Bono Committee, as part of the Mid-Shore Pro Bono Regional Consortium, works together with Dorchester, Kent, Queen Anne s, and Talbot counties to coordinate pro bono services throughout the five-county region on the Eastern Shore. In April/May 2011, pursuant to Maryland Rule (c) by collaboration of the local Pro Bono Committees of Kent, Queen Anne s, Caroline, Talbot, and Dorchester counties and to effectuate a single, joint Pro Bono Action Plan Administrative Judges from all five Mid-Shore counties issued Administrative Orders designating Mid Shore Pro Bono, Inc. as the Regional Pro Bono 15