Rhode Island Bar Association Task Force on Pro Bono Report January 2007 A Task Force on Pro Bono was appointed by Rhode Island Bar Association President Thomas W. Lyons and began meeting in the fall of 2006. After several meetings, a number of recommendations were reviewed and adopted in conjunction with the goals and objectives of the Task Force. The Task Force was charged with reviewing the subject of pro bono service in Rhode Island in light of the not yet adopted at the time aspirational goal of 50 hours per year as proposed by the Rhode Island Supreme Court in the new rules of Professional Conduct. The committee undertook a full review of the programs and services available in Rhode Island. A communication was sent to all members of the bar association, noting the formation of the task force and inviting members to submit information regarding public service both within the organized Bar Association and outside. Both the Bar Association and Roger Williams Law School had conducted surveys of the membership over the last two years on public service and pro bono and that data was circulated and reviewed. The task force review, in particular, focused on the current unmet civil legal service needs in Rhode Island. RHODE ISLAND BAR FOUNDATION: The Rhode Island Bar Foundation, the charitable arm of the Bar Association, is the current administrator of the IOLTA
program and works closely with legal service agencies throughout the state. The Foundation appointed a subcommittee chaired by Michael St. Pierre to review the issues from the Foundation s perspective as a funding agency. After meeting several times, that subcommittee concluded that the overwhelming majority of civil legal service requests that cannot be met are in the area of family law. The Foundation met with Rhode Island Legal Services specifically about the critical need for additional family law representation for the poor. With additional funding, Rhode Island Legal Services indicated that it would hire two additional family law attorneys with the hope that they can help to alleviate the backlog of cases in that area. This has since been implemented. The Volunteer Lawyer Program has much less difficulty placing cases in the area of housing, education, probate/guardianship and bankruptcy, than in the area of custody. Consequently, it is anticipated that this increase in RILS attorney staffing will be of considerable assistance in this regard. GENERAL RHODE ISLAND BAR ASSOCIATION INSTITUTIONAL VOLUNTEER INITIATIVES. The Volunteer Lawyer Program, Legal Information and Referral Program for the Elderly and the Law Referral Service have over 1500 members of the bar already on board. While the Foundation s efforts with Rhode Island Legal Services will alleviate some of the backlog, it will continue to fall on the shoulders of VLP and other volunteer programs, to meeting the additional requests. Discussion in the Committee focused on ways that the members of the Bar can be encouraged to participate in pro bono projects. A number of suggestions were discussed including a loan forgiveness program and utilization of technology. There was discussion regarding the unbundling of legal
services and pro se representation. The suggestion was made to invite suggestions from the larger Boston law firms with active pro bono programs. Discussion focused on a possible training track that might be developed for new admittees that would facilitate a long-term commitment in poverty law. There was also discussion regarding the current mentor opportunities at VLP and how those opportunities might be better maximized. A number of pro bono strategies were reviewed and adopted. The goal of the Bar Association pro bono programs is to provide legal assistance to the indigent in the areas of greatest need in the greatest quantity possible. Recommendations: 1. Recognition events (Example, last year marked the 20 th Anniversary of the Rhode Island Bar Association s administration of the Volunteer Lawyer Program. A commemorative calendar for 2006 was developed specifically to recognize outstanding volunteers who have participated since 1986. The attorneys highlighted included past Bar Presidents, partners in large, medium, and small law firms from each part of the State.) Each year at the RIBA s annual meeting there are two categories of awards given to members for outstanding service. Plaques honoring the pro bono award recipients are also on display in the main lobby of the Association. The recipients are noted in the Bar Journal, Lawyers Weekly and local press when possible. Those attorneys who make outstanding contributions are also highlighted in the Bar Journal s Pro Bono Spotlight and on the website. It was suggested that the Court be more involved with recognition and assist in presenting awards. 1. Ease of Communication: In the area of case placement, blast e-mails supplement phone contact. Staff regularly attends large CLE seminars targeted to particular segments of the profession who may take cases in areas of critical need with available pro bono cases. The website is used as a tool for case placement for certain cases. It was suggested that an edition of the Bar Journal be devoted to pro bono issues and our programs. 2. Recruitment strategies: include collaborating frequently with CLE to cosponsor seminars and materials to volunteer attorneys. Past seminars have been offered to volunteers in the area of minor guardianships, child support, domestic violence, domestic law practice in RI, and family law. Recruitment flyers will continue to be included with other Bar mailings. 3. Mentoring: VLP attorneys are offered mentoring by both private attorneys and RILS attorneys to encourage participation. They are also reimbursed for most out
of pocket costs and malpractice insurance is provided for pro bono cases. The Association will increase communications on these services through the Bar Journal, web site and newsletters. 5. Education: Education has provided great opportunities for members to make pro bono beneficial. The Association might consider offering a menu of CLE courses in exchange for pro bono service. 6. Website: Put the VLP and Elderly pro bono applications on our website with a headline and message from the President and Chief Justice. COURT/BAR ASSOCIATION COLLABORATIVE INVOLVEMENT: It was noted that together, the Association and the Court can develop strategies and programs that would greatly increase member s abilities to provide pro bono services to the poor. One suggestion, for example, was to provide free parking at the courthouses for attorneys who are there with pro bono cases. Recommended: Recommend to the Family Court that there be a revised calendar process to expedite family court matters for volunteers. After a meeting with committee members Lise Iwon, Philip Weinstein and Thomas Lyons, Judge Jeremiah expressed a willingness to begin a Special Calendar in January 2007 for attorneys who take pro bono cases; a Guardian Ad Litem Standards and Practices Pro Bono Order was also discussed and received a positive response from the Court. Legislation will be proposed to address some liability issues and a request for an order will be forwarded to the Family Court; a Family Court Mediators Pro Bono Program was also discussed with the Chief Justice who responded favorably to the concept. Mr. Weinstein will work with the court in setting up a mediation program. LAW FIRM INVOLVEMENT: Statistics indicate that over 65% of the memberships do pro bono. Recent surveys show that the majority of the reported services that are being provided to direct representation of the poor are coming from the
members in offices of less than five. There was a great deal of discussion regarding the possible role of the larger law firms. Representatives from larger firms outlined the obstacles currently preventing greater participation in organized pro bono, including the lack of attorneys experienced in those areas of practice; the potential conflict of interest; the current charitable commitment of law firms in other areas, etc. It was noted that a number of law firms have committed to assisting the law school with the advocacy projects of the pro bono collaborative and that has limited their ability to take on clients for direct provision of legal services. A number of suggestions were made including: Direct financial contribution Allocating the services of an association (or associates) for pro bono services for limited periods (i.e. six months). VLP attorney and/or RILS staff could provide Training and mentorship. Targeted referrals (ex. make pro bono requests of the firms in areas that they are more comfortable. Examples: guardianships or bankruptcies.) Ask larger firms to pool resources and dedicate that funding to the hiring of additional staff attorney at RILS for particular legal needs. It was noted that many law firms have designated pro bono coordinators to handle requests for pro bono services. Recommendation: The committee recommends that the President of the Bar Association contact the larger law firms and asked for contact information regarding their pro bono coordinator. The firms will be asked to designate the types of cases they would be willing to take from the Volunteer Law Program and how many cases per year they can be expected to take on. (ex. guardianships, bankruptcy, family law)
LAW SCHOOL INVOLVEMENT: The report on pro bono provided by the RWU Law School as well as information about the Pro Bono Collaborative was reviewed and discussed by the Task Force. The consensus was that the focus from the law school is on the advocacy side and also on law related education and community outreach rather than direct provision of legal services. Recommendation: The leadership of the Association should encourage the Dean of the Law School to include the value and importance of pro bono in standard curriculum, as they deem appropriate. In addition, the Association might offer the services of volunteer speakers to visit the classroom and discuss their own personal public service contribution and how it s value in their professional development. It was noted that the VLP and the legal service agencies all offer mentor opportunities for new attorneys and law students who would like to become involved in pro bono legal services. EDUCATION: The task force recognizes the value of education in promoting and facilitating legal services in Rhode Island. Recommendation: Mr. Weisberger will work with Mr. Pacia on a program was proposed for the annual meeting committee - Creative Approaches to Pro Bono Practice (At this seminar a panel of experienced practitioners will offer insight and experience to better enable attorneys to integrate pro bono legal services into their practices while simultaneously fulfilling the aspirations goals and professional requirements address by Rule 6.1 of the Rules of Professional Conduct. (see attached) An array of suggestions will be provided to help attorneys increase their awareness of pro bono opportunities and enhance their ability to seamlessly mesh pro bono cases into their practices.)
In addition, it was noted that there are other Bar Association committees sponsoring educational projects that coincide with the objectives of the Task Force. The Task Force on Children at Risk is proposing seminars on Education Law (ex. Student & Parents Rights and Responsibilities ; What Does it Mean to Be A Guardian Ad Litem and What Are the Requirements? ; Representing Victims of Violence ; Criminal Proceedings and Juvenile Law ; Gang Violence ; The Scope and Authority of DCYF Abuse Investigation, Special Education and Meeting Federal Mandates, The Role of Children in Family Court Proceedings and a session on Things to Know About Public Benefits For Your Clients. The Children in Need Task Force is also proposing a Community Outreach Program for Children of Immigrants (jointly with International Institute of RI and Progressive Latino. That program will focus on the rights of children of illegal aliens who face deportation. A Bar Journal Series of Articles on Legal/Community Service Agencies has also been proposed and is in the works. FINANCIAL CONTRIBUTIONS: The Task Force recognizes that some lawyers may not be in a position to undertake pro bono matters. The Task discussed a monetary contribution in lieu of direct representation or services. The consensus was that the task force did not feel comfortable with identifying any particular contribution/benchmark for an attorney. Recommendation: Members of the Bar Association who are unable to make a pro bono commitment to provide legal services to the poor are encouraged to make a financial contribution to the Rhode Island Bar Foundation or other legal service provider of their choice.
The Task Force acknowledges that the RI Bar Association must continue to recruit members and facilitate the provision of legal services. This report contains some recommendations that hopefully will encourage a broad based effort by the organized bar, the law school and the Courts. Many members of the bar engage in pro bono work and efforts will continue to break down barriers and provide incentives for volunteerism. The Association continues to make this a priority and to develop resources to address unmet legal needs. We congratulate the Association s pro bono and reduced fee programs, the judiciary, large and small law firms, the Law School, Rhode Island Legal Services and the other community-based legal service organizations that continue to provide great service. Rhode Island Bar Association Pro Bono Task Force J. Robert Weisberger, Jr., Chairperson Armando E. Batastini, Esq., Richard P. D Addario, Esq. Melissa E. Darigan, Esq. William J. Delaney, Esq. Susan A. Fontaine Lise M. Iwon, Esq. Erika Leigh Kruse, Esq. Thomas W. Lyons, III, Esq. Helen Desmond McDonald Walter R. Stone, Esq. Philip M. Weinstein, Esq.
PUBLIC SERVICE RULE 6.1 VOLUNTARY PRO BONO PUBLICO SERVICE Every lawyer has a professional responsibility to provide legal services to those unable to pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services per year. In fulfilling this responsibility, the lawyer should: (a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to: (1) persons of limited means or (2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; and (b) provide any additional services through: (1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate; (2) delivery of legal services at a substantially reduced fee to persons of limited means; (3) participation in activities for improving the law, the legal system or the legal profession. In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means. Comment [1] Every lawyer, regardless of professional prominence or professional work load, has a responsibility to provide legal services to those unable to pay, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. The American Bar Association urges all lawyers to provide a minimum of 50 hours of pro bono services annually. It is recognized that in some years a lawyer may render greater or fewer hours than the annual standard specified, but during the course of his or her legal career, each lawyer should render on average per year, the number of hours set forth in this Rule. Services can be performed in civil matters or in criminal or quasi-criminal matters for which there is no government obligation to provide funds for legal representation, such as post-conviction death penalty appeal cases. [2] Paragraphs (a)(1) and (2) recognize the critical need for legal services that exists among persons of limited means by providing that a substantial majority of the legal
services rendered annually to the disadvantaged be furnished without fee or expectation of fee. Legal services under these paragraphs consist of a full range of activities, including individual and class representation, the provision of legal advice, legislative lobbying, administrative rule making and the provision of free training or mentoring to those who represent persons of limited means. The variety of these activities should facilitate participation by government lawyers, even when restrictions exist on their engaging in the outside practice of law. [3] Persons eligible for legal services under paragraphs (a)(1) and (2) are those who qualify for participation in programs funded by the Legal Services Corporation and those whose incomes and financial resources are slightly above the guidelines utilized by such programs but nevertheless, cannot afford counsel. Legal services can be rendered to individuals or to organizations such as homeless shelters, battered women's centers and food pantries that serve those of limited means. The term "governmental organizations" includes, but is not limited to, public protection programs and sections of governmental or public sector agencies. [4] Because service must be provided without fee or expectation of fee, the intent of the lawyer to render free legal services is essential for the work performed to fall within the meaning of paragraphs (a)(1) and (2). Accordingly, services rendered cannot be considered pro bono if an anticipated fee is uncollected, but the award of statutory attorneys' fees in a case originally accepted as pro bono would not disqualify such services from inclusion under this section. Lawyers who do receive fees in such cases are encouraged to contribute an appropriate portion of such fees to organizations or projects that benefit persons of limited means. [5] While it is possible for a lawyer to fulfill the annual responsibility to perform pro bono services exclusively through activities described in paragraphs (a)(1) and (2), to the extent that any hours of service remained unfulfilled, the remaining commitment can be met in a variety of ways as set forth in paragraph (b). Constitutional, statutory or regulatory restrictions may prohibit or impede government and public sector lawyers and judges from performing the pro bono services outlined in paragraphs (a)(1) and (2). Accordingly, where those restrictions apply, government and public sector lawyers and judges may fulfill their pro bono responsibility by performing services outlined in paragraph (b). [6] Paragraph (b)(1) includes the provision of certain types of legal services to those whose incomes and financial resources place them above limited means. It also permits the pro bono lawyer to accept a substantially reduced fee for services. Examples of the types of issues that may be addressed under this paragraph include First Amendment claims, Title VII claims and environmental protection claims. Additionally, a wide range of organizations may be represented, including social service, medical research, cultural and religious groups. [7] Paragraph (b)(2) covers instances in which lawyers agree to and receive a modest fee for furnishing legal services to persons of limited means. Participation in judicare
programs and acceptance of court appointments in which the fee is substantially below a lawyer's usual rate are encouraged under this section. [8] Paragraph (b)(3) recognizes the value of lawyers engaging in activities that improve the law, the legal system or the legal profession. Serving on bar association committees, serving on boards of pro bono or legal services programs, taking part in Law Day activities, acting as a continuing legal education instructor, a mediator or an arbitrator and engaging in legislative lobbying to improve the law, the legal system or the profession are a few examples of the many activities that fall within this paragraph. [9] Because the provision of pro bono services is a professional responsibility, it is the individual ethical commitment of each lawyer. Nevertheless, there may be times when it is not feasible for a lawyer to engage in pro bono services. At such times a lawyer may discharge the pro bono responsibility by providing financial support to organizations providing free legal services to persons of limited means. Such financial support should be reasonably equivalent to the value of the hours of service that would have otherwise been provided. In addition, at times it may be more feasible to satisfy the pro bono responsibility collectively, as by a firm's aggregate pro bono activities. [10] Because the efforts of individual lawyers are not enough to meet the need for free legal services that exists among persons of limited means, the government and the profession have instituted additional programs to provide those services. Every lawyer should financially support such programs, in addition to either providing direct pro bono services or making financial contributions when pro bono service is not feasible. [11] Law firms should act reasonably to enable and encourage all lawyers in the firm to provide the pro bono legal services called for by this Rule. [12] The responsibility set forth in this Rule is not intended to be enforced through disciplinary process. This Rule establishes an aspirational goal and not a mandatory obligation for attorneys.