By: Steve Grumm

Happy Friday, dear readers.  I offer abject apologies to regular readers (all four of you) for my skipping last week’s installment of the News Bulletin.  But it was nice to see so many folks at the NALP and Equal Justice Works events.  Today the Bulletin returns with a double issue.  There is much to catch up on, including:

• ABA’s Celebrate Pro Bono Week and related events;
• budget cuts take a toll on the nation’s DA’s, defenders, and court systems;
• an American Bar Foundation report looks state by state at access-to-justice frameworks;
• proposed DOJ antitrust field office closures cause a stir;
• a recap: the Equal Justice Works Conference and Career Fair;
• bad legal services funding news from the Treasure State;
• legal services volunteer programs for retiring Baby Boomer lawyers;
• ACLU of Montana takes to task the state’s indigent defense program;
• Michigan’s indigent defense program is under the microscope, too;
• the NLG lawyers looking out for the Occupy Wall Street…occupiers;
• ACLU of Pennsylvania takes to task Allegheny County’s (Pittsburgh) indigent defense program;
• a pro-se assistance center in Maryland goes statewide with a hotline;
• a novel, international-sustainable-development clinical program at Penn St.-Dickinson Law;
• progress in launching a new legal services program in Wyoming;
• the Shriver Center absorbs the Center for Legal Aid Education (CLEA). 

This week(s):

• 10.28.11 – the ABA’s Celebrate Pro Bono Week is coming to a close tomorrow.  We at PSLawNet were deluged with news stories about lawyers and law students throughout the country participating in clinics and other client outreach efforts.  Kudos to the thousands who’ve gotten involved.  We couldn’t begin to recap all the news we read, but here’s a link to the official Celebrate Pro Bono site.  Also, I was fortunate to participate in the ABA’s Pro Bono Summit, which convened here in DC on Monday and Tuesday.  119 very smart people exchanged thoughtful ideas (I was attendee number 120, and I held up my end with un-thoughtful ideas) about where pro bono fits into the larger access-to-justice scheme during hard economic times. I’m looking forward to seeing what the ABA produces as a result of the work done at the Summit.  Here are remarks delivered at the Summit by Attorney General Eric Holder, and here’s NLJ coverage of ABA President Bill Robinson’s Summit remarks.

• 10.26.11 – a well-reported AP piece looks at the toll taken by cuts to prosecutor, public defender, and court-system budgets throughout the country.  “Prosecutors are forced to ignore misdemeanor violations to pursue more serious crimes. Judges are delaying trials to cope with layoffs and strained staffing levels. And in some cases, those charged with violent crimes, even murder, are set free because caseloads are too heavy to ensure they receive a speedy trial.  Deep budget cuts to courts, public defenders, district attorney’s and attorney general offices are testing the criminal justice system across the country. In the most extreme cases, public defenders are questioning whether their clients are getting a fair shake.”  The piece looks specifically at goings-on in AL, CA, IA, NY, and elsewhere.  (The postal abbreviations may pose a challenge for our Millenial Generation readers who have never mailed a letter.  JKLOL!!)

• 10.25.11 – I just got word of an American Bar Foundation report, Access Across America, which reviews the access-to-justice infrastructure in each state and Puerto Rico.  Here’s a link to a summary on ABF’s website, here’s a link to the report, and here’s some language from the report’s executive summary: “Access Across America is the first-ever state-by-state portrait of the services available to assist the U.S. public in accessing civil justice. The report documents, for the nation as a whole and individually for the 50 states and the District of Columbia:
• Who is eligible for free civil legal information, advice or representation (civil legal assistance services);
• How civil legal assistance services are produced and delivered;
• How eligible people may connect with services;
• How civil legal assistance is funded;
• How civil legal assistance is coordinated
• How both no-fee and fee-generating limited-scope civil legal services are regulated.”

• 10.24.11 –some DOJ antitrust attorneys don’t trust DOJ’s decision to close four field offices.  From Government Executive: “Three weeks after the Justice Department proposed closing four of its antitrust division field offices, affected employees are calling for congressional hearings on the matter.  The closings, along with the department’s other budget-trimming proposals, are contingent on Congress, which must approve or fail to respond in order for the plans to move forward, according to attorneys who would be affected by the shuttering of the field offices in Atlanta, Dallas, Cleveland and Philadelphia.”  Incidentally, if you’re a law student or law school career counselor wishing to keep up with similar developments in federal government, I recommend joining Government Executive’s email distribution list.

• 10.24.11 – the Blog of the Legal Times covered last week’s Equal Justice Works Conference and Career Fair: “Resumes in hand, more than 1,300 law students from across the United States attended this year’s Equal Justice Works annual conference, and more than 1,100 met with employers at the conference’s career fair. [It] brought in 117 employers from 27 states to meet with students on Friday and Saturday. Law students waiting on line for a chance to speak with employers all said they held no illusions about their job prospects right now. Although some students were lucky enough to get formal interviews, many more were taking their chances at the informal ‘Table Talk’ sessions, where students waited on line to get a few minutes alone with employers.”  I feel for public interest law students these days.  It’s perhaps trite advice, but persistence and fortitude in carrying forward with the job search are essential.  (This is true even in better economic times, because there are always more grads interested in public interest than there are job openings.)  Keep using PSLawNet, including the cover letter, resume, and interview tips on our Job Search Fundamentals page.  And email us at pslawnet@nalp.org if you’d have ideas about how we can help more. 

• 10.24.11 – rotten legal services funding news from the Treasure State.  The Missoulian reports: “Poor people seeking divorces in Missoula County will no longer be able to get free legal advice. Likewise for low-income renters who get crosswise with their landlords. The Montana Legal Services Association has laid off attorneys, paralegals and support staff statewide as part of an anticipated $500,000 budget cut in 2012. That’s 15 percent of its total budget.   ‘We are cutting into bone at this point,’ said Alison Paul, executive director of the agency that provides legal assistance in civil cases to low-income people.” 
   
• 10.24.11 – The civil legal services community cannot keep up with swelling demand for services.  Meanwhile, the Baby Boomer exodus from law practice has begun, as the oldest Boomers are at retirement age.  This being the case, what about providing public interest volunteer opportunities to  those lawyers who wish to leave fee-generating practice but also want to remain in practice?  The National Law Journal looks at D.C.’s Senior Attorneys Initiative for Legal Services (SAILS), a program which matches attorneys in or near retirement with pro bono cases (password-protected). SAILS isn’t the only program harnessing the experience and expertise of the profession’s elder statespeople.  In New York State, the Attorney Emeritus Program does something similar.  On the national level, the Pro Bono Institute’s Second Acts project facilitates the movement of retiring attorneys into volunteer work.

• 10.21.11 – more bad Montana news.  The Billings Gazette covers an ACLU report critical of the state’s public defense system:  “The…five-year-old…system is still plagued by mismanagement, with overworked and undertrained attorneys sometimes failing to provide the most basic help to their indigent clients, a new report by the ACLU of Montana says. The report, released this week by the rights organization whose lawsuit led to creation of the new system, said the system has ‘greatly improved’ public defense in some areas of the state. But overall, the system ‘continues to fall short of achieving its full potential’ because of ongoing management problems….”  The Gazette has an accompanying article about poor public defender pay compared to other state lawyers.

• 10.21.11 – Michigan’s embattled public defense system is going under the microscope.  From Interlochen Public Radio (great name!): “A state commission began work this week to ensure that everyone who is accused of a crime in Michigan gets an adequate legal defense. Michigan allows every county to handle its own public defender system. The system is frequently cited as one of the worst in the country. That’s because some counties do a good job of ensuring even people who cannot pay get a good lawyer. Other counties are more haphazard. There are also no training standards for public defenders.”  Here’s additional coverage from the Battle Creek Enquirer.

• 10.18.11 – The American Lawyer looks in on the “about 200 National Lawyers Guild members volunteering as legal observers on the scene at Occupy Wall Street.”

• 10.18.11 –  the Pittsburgh Post-Gazette reports on criticism of the local public defense program: “Poor management and lack of training for new lawyers in the Allegheny County [where Pittsburgh sits] public defender’s office are violating the constitutional rights of those accused of crimes and costing the county millions of dollars in extra jail costs, an ACLU report has concluded…. The ACLU report, entitled ‘A Job Left Undone,’ relies heavily on the research done in a 2008 study for the county by a team led by investigator Alan Kalmanoff of the California-based Institute for Law and Policy Planning, a nonprofit policy and research organization.”  Here’s a link to “A Job Left Undone.”

• 10.17.11 – The Baltimore Sun reports that a pro-se assistance center in one Maryland county has opened a phone line that will allow its lawyers to connect with Marylanders statewide: “The center has helped more than 10,000 people since it opened. However, a lack of space and tight budgets made adding walk-in centers in other District Courts out of the question.  But those in need of advice can now chat online with the center’s four lawyers. Users can remain anonymous and there are no income restrictions….In its first month of hosting live chats, 850 people have used the service. In comparison, the self-help center assisted a record 626 people in August. Officials said chats have been initiated by people in every county except Kent and Somerset.”
   
• 10.17.11 – the Pittsburgh Post-Gazette reports on a new Penn State Dickinson School of Law sustainable development operating in cahoots with engineering and business students:  “Designed as an interdisciplinary collaboration between Penn State’s law school, its College of Engineering and Smeal College of Business, the clinic promises experiential learning through work with real humanitarian projects as part of a team for law students seeking international experience, said Jeff Erickson, professor at Penn State and the clinic’s director…. Mr. Erickson said that, to his knowledge, no other schools are using interdisciplinary project teams to launch international humanitarian efforts in the same manner. What makes the Penn State clinic the first of its kind is the clinic’s humanitarian mission — that its projects are internationally and not locally focused — and that students will design and develop projects themselves.” 

• 10.16.11 – an Asbury Park Press editorial bemoans sharp state funding cuts to legal services in New Jersey: “Under [Governor Chris] Christie, state funding for Legal Aid has dropped from $29.6 million in 2010 to $19.9 million in 2011 to $14.9 million in 2012. That is unconscionable. Decency and fairness demand a restoration of most of those funds and the institution of a formalized program in which lawyers volunteer hours of service to Legal Aid or make a donation….  By next June, there will be only half as many staff attorneys as there were in 2008 to give free help to qualifying low-income New Jerseyans with civil cases.”

• 10.15.11 – K2 Radio reports on the development of Wyoming’s new legal services program: “Officials say the new Wyoming Center For Legal Aid should be up and running in a year or two.  The program was established a year ago after the Wyoming legislature passed the Indigent Civil Legal Services Act during the 2010 budget session.   The center’s goal is to provide legal services for Wyoming residents who fall below 200 percent of the federal poverty line. The center was officially established in April, and the Wyoming Center For Legal Aid Board of Commissioners recently hired a new law school graduate as its first employee.” 

• 10.14.11 – from the Chicago Tribune, news of a merger in the legal services community: “Legal-aid charities have felt the impact of the economic downturn with declining funding and increasing demand. After revenues fell by 50 percent, the Boston-based Center for Legal Aid Education began considering a merger as a way to cut costs, reduce duplication of services and expand its reach. Its search has culminated in an acquisition by the larger Sargent Shriver National Center on Poverty Law, based in Chicago…. One of the gaps in [the Shriver Center’s] offerings was providing training to public-interest lawyers who want to work on complex litigation… The Center for Legal Education has been providing legal training in the New England region for years. When the economy crashed in 2009, the center lost about half of its revenues because many clients that provide legal services lost some of their funding.”  So this makes sense on both ends.  And the piece raises the question of whether more legal services mergers may/should follow.

by Philip A. Guzman, Esq.

Philip is the director of Public Service Programs at North Carolina Central University School of Law. Follow him on Twitter @pag2010.

Leaving the practice of law and returning to teaching was a desire that I had for over 10 years before I finally took the plunge. What better job for a former high school teacher and community college professor?

Not only would I regain an element of “balance” in my life, but I would again be able to work with a diverse and interesting population of our next generation of lawyers. However, let it be known that the life of an attorney career counselor has not panned out to be just a relaxing 9-5 existence.

Try as I might to have what passes as a “normal” and “regulated” day, it simply rarely happens. No two days are the same and that is exactly what I like about the job. On any given day, I can wear up to five different hats as a law school career counselor.

1. Goal Planner.

The central most important thing that we do in our Career Services Office is to meet directly with our students and map out career strategies and goals, both short and long term.

Short term goals start with asking the most basic question of the student — “Why law school?” Initially, I was surprised to find that so many law students are unable to give a logical and cogent reason. However, as I get them chatting on their life and “passion” (what drives you on?), a student will usually begin to open up and explain his/her law school decision. Even in a very difficult economy, the reason that a student chooses the rigors of a law school education involves a life changing moment, or simply a “love” of the law and its nuances.

Now, with their reason for attending law school established, the student plunges into the revision of their resume with the next short term goal in sight –landing that first (or second) summer internship. Finally, in the case of 3Ls, we get to the long term goal: the attorney job and how to go about getting it.

2. Editor & Role Player.

I really enjoy this aspect of my job, which includes cover letter writing, the “mock interview” and all the skill sets that go into the identification of a prospective employer for an internship or permanent job.

After fully researching the prospective employer (I expect the student to the bulk of the research), I assist students with the general flow of a cover letter, its writing, along with the appropriate follow-up etiquette. When the cover letter leads to an interview, the next step for me is the mock interview. I role play all interviews and don the persona of the employer and act out a twenty minute interview.

Subsequently, the student and I will have another half-hour session where I provide feedback and help the student with the improvement of their interviewing technique. In my view, there is no more important role for a career service attorney than to walk with the law student in all aspects of the career search path.

3. Marketer.

The one aspect of my job as a career that is somewhat similar to what I used to do in private practice is marketing. In this case, the law school itself. As the Director of Public Service Programs at North Carolina Central University School of Law, I spend the majority of my time contacting lawyers in the public sector from the likes of USDOJ Honors, HUD, EPA, and various JAG offices on the federal level; to the North Carolina Department of Justice, Legal Aid of NC, Disability Rights of NC, and the Southern Environmental Law Center (to name only a few) on the state and local levels.  Promoting our law school to employers includes site visits whenever possible.

Periodically, I take time from my work with public service employers to also contact private firm recruiters and in-house counsel from national and local companies including the different pharmaceutical companies that make their home here in the Triangle area in the Raleigh/Durham/Chapel Hill areas of North Carolina.

I may often attend various “Meet & Greet” lunches, seminars, and legal conferences that will put me in the proximity of public service lawyers, recruiters, judges, alumni, and employers in all areas of practice in public service, pro bono, and in the private sector.

As a public service counselor, I am mindful that there is a “crossover” effect to working with private firms as many firms are beginning to emphasize work in the areas of pro bono and public service. Thus, I am always looking to match public service students with firms that emphasis pro bono work.

4. Event Planner.

I now truly appreciate all the time, talent, and patience that it takes to be a full time event planner in other industries. I have learned, through much trial and error I might add, that locating and then scheduling appropriate lawyers, judges and professors for student speaking events is an art form. Not only does it entail clearing a speaker’s schedule, but one has to also “juggle” the class schedules of all three law school classes (when do the 1Ls let out? ..but the 2Ls can only be there for a half-hour..what about evening students?).

It doesn’t stop there, there are issues involving landing an appropriate room (what size room? how many students are attending the event?) and also the actual publicizing of the event (on Twitter, Facebook, Symplicity? …on all? …how often? did the students receive appropriate notification?).

Logistics for student events is very important. We in career services need to be mindful  that, while all events that we plan are important and great opportunities to network, they are not always at a time where a “busy” law student can take time from the rigors of his/her curriculum and attend such events. A “trick” I have learned is to try and have food (pizza is always a winner) with an event. I am amazed at the amount of, otherwise busy, law students who  manage to find the time to attend an event when free food is on the line!

5. Student.

I believe that a Career Services Office needs to visible to students. We need to be out in the flow of traffic with students at the school where students can see us and grab us for quick questions and/or concerns. I try to walk the halls between classes whenever my schedule permits and even sit in on the first fifteen to twenty minutes of a class.  It is important to “walk the walk” of students.

When a student mentions either success or difficulty in a particular course, I can put myself there. Additionally, it is a way for me to stay connected to the professors.  I may be an administrator, but I need to stay connected to the life of the law school – its students and professors.

Finally, law school career counselors need to be current in the latest trends and scholarship in the lawyer hiring.  This requires scholarship, reading and writing in all areas of attorney career development. For me, this is where Twitter and other areas of social media prove helpful.  I spend over an hour of my day reviewing articles and “tweeting” materials that I think are helpful for law students, recent graduates, and young lawyers starting their careers (catch up with me @pag2010!).

Furthermore, another means of keeping up in the field are the frequent gatherings I participate in with other law school career service professionals, both locally and nationally. I find these gatherings most helpful for me in trying to remain “current” in all areas of law school counseling and national employment trends. Also, it is a way to keep up with new friends and old in the profession who work at other law schools.

As I’ve said, no day is similar to the one before. There is no greater satisfaction for me than giving back to my profession and assisting the next generation of lawyers get their careers started.

by Kristen Pavón

*Updates: The Atlantic explains eligibility here and the Washington Post answers some more questions about the plan here.

Full disclosure here: I don’t know all the details about this new plan yet, I’m still a bit confused about all the eligibility requirements, and if I were you, I’d look to Heather Jarvis for some more guidance on it once more details come out today.

Today, President Obama will expand the Income Based Repayment program for federal student loans with his new plan, Pay as you Earn. This is the administration’s effort to address sky-high college tuition and student loan debt.

From what I understand, this plan was to start in 2014. However, with the Obama Administration’s new “we can’t wait” mantra, it’s being pushed to go into effect next year so that more students can get relief.

Here are the basic details as I’ve understood them:

Benefits:

• Reduce student loan payments to 10% of discretionary income (similar to the current IBR repayment option except that it’s currently capped at 15% of discretionary income)
• Federal loan forgiveness after 20 years worth of the right kind of payments (the current IBR option forgives loan balances after 25 years worth of payments)
• Consolidate loans & reduce interest rates

I’m liking what I’m hearing about the lowered cap for IBR payments, but I still need to learn more about this plan and find out whether graduates like myself, who have already elected the current IBR option, are even eligible.

Read more here, here and here.

by Kristen Pavón

The White House’s Champions of Change program honoring legal leaders in closing the justice gap was inspiring and I got some wonderful advice about public service and pro bono work, and learned a great deal about issues I was unfamiliar with.

Here are a few of my notes/thoughts/questions/tips from the program:

1. Get some perspective. Evaluate the difference in value between what you’ll give and receive from participating in pro bono opportunities and forgoing these opps to get an A instead of a B+ in Torts.

2. Reaching unreachable clients. Is video conferencing an option for your organization to reach clients who live in rural areas and would otherwise not have legal representation?

3. Experience. During your first year in law school — visit a court! This is critical. You need to see firsthand what goes on in the courts.

4. Changing our structure. Legal services professionals need to think about ways we can change the legal services delivery structure to be more efficient and effective.

5. Recognize, reward and support. This is how law schools can best encourage pro bono work among students.

Were you at the Champions of Change program at the White House? Did you catch the webcast? What did you take away from the Champions?

by Kristen Pavón

Now that our  annual Public Service Mini-Conference is over, we will now resume our regularly scheduled program here at the PSLawNet Blog!

The conference was a great success! On Wednesday, we hosted the Public Interest Advising 101 program for new or newish law school career advisors.

During our 101 program, panelists talked about student debt (by the wonderful Heather Jarvis), how to use PSLawNet to find PS jobs and career resources, and common challenges a public interest advisor faces in their first years on the job. In addition to the useful tips and information, the program was a fab opportunity for advisors to meet colleagues from across the country.

After PIA101, some attendees braved the nasty weather and kept the party going at the Round Robin Networking Dinners — at Zengo, Old Ebbitt Grill and Matchbox — to nosh with colleagues. Zengo got particularly high marks for tastiness and ambiance! (We’ll see, I have a reservation for tonight!)

Yesterday, at Arnold & Porter, LLC, more than 150 law school professionals and attorneys gathered for public service-focused programming.

The day started with introductions, NALP’s Public Service Section Workgroup updates, and NALP & PSLawNet updates.

Then, after presenting Felicia Cantrell, ASU Law 3L, with the 17th Annual Pro Bono Publico Award and Deb Ellis with NALP’s Award of  Distinction, groups broke out for sessions on labor & workers’ rights careers, teaching professionalism and advocating public service programs within law school administrations.

After the breakout programming, everyone reconvened for a “whirlwind tour” of hot topics affecting public interest career professionals. Panelists let attendees in on some techie secrets (topsy.com, google news alerts for your name and Klout.com), talked about student debt, Uncle Sam’s attempt to streamline the federal attorney application process, best practices for employer outreach, and ABA accreditation standards.

Finally, at the end of the day, federal legal recruiters joined us for a networking reception to mix and mingle with law school career services professionals.

Were you at the mini-conference? What did you think about the programming?

By: Steve Grumm

Happy Friday, dear readers.  Your PSLawNet Blog authors made a jaunt to the White House yesterday to watch as 16 Champions of Change, including two with PSLawNet ties, were honored for their extraordinary work in narrowing the civil justice gap.  I had hopes of starting a pickup basketball game with the president – as a youth I developed a pretty wicked crossover dribble on the Philadelphia playgrounds – but it was not to be.  Nice time all the same. 

This week: more on the Champions of Change event; a legal services office closure in Tupelo, Mississippi; former AppalReD exec. director sues the legal services provider for discrimination;  urging for a (limited) civil right to counsel in Wisconsin; O’Melveny & Myers pro bono counsel, David Lash, emphasizes the integral role of lawyers in narrowing the justice gap (great work, David!); federal honors attorney programs are shrinking considerably (boooo!!!!); “Police Women of Broward County” TV show puts bee in public defender’s bonnet; the Family Justice Center opens its doors as a one-stop-shop for DV victims in Sonoma County, CA; Congressional Quarterly looks at the legal services resources crisis.

• 10.13.11 – the White House’s Champions of Change program shined the spotlight this week on lawyers throughout the country who lead the charge in promoting access to justice for the poor.  You can view the full slate of honorees here.  At the event, the honorees fielded questions from law students about launching public interest careers and what they can do to narrow the justice gap while still in school.  On Monday, 10/17, those discussions and blog posts from the Champions will be on the Champions of Change site.  Some additional notes/coverage:
• The DOJ’s Access to Justice Initiative facilitated this event, and Attorney General Eric Holder led the ceremony and panel discussion.  Here is DOJ’s wrap-up of the event.
• We at NALP are thrilled that longtime member Deb Ellis of NYU Law is among the Champions of Change honorees.  Throughout her career in legal education Deb has produced programming and resources that are freely shared with law schools throughout the country, ultimately enabling them to better assist students on public interest career paths.  In this sense Deb has played a role in launching countless public interest careers.  (And thanks for the PSLawNet shout-out, Deb!)   
• We are also thrilled that Todd Belcore of the Shriver Center, who won NALP’s 2009 PSLawNet Pro Bono Publico Award (and has some great thoughts on how law students can develop leadership skills), is a Champion.  Way to go, Todd.
• The Champions honorees also include four leaders at LSC-funded legal services programs.

• 10.13.11 – and now, after that, here’s bad news on the access-to-justice front: “North Mississippi Rural Legal Services, which provides legal help for low income families, will remain in Oxford but a Tupelo office will close. Legal Services has five offices covering 39 counties. The Tupelo office served 10 counties.” (Blurb from an AP story appearing on The Republic’s website.)

• 10.13.11 – and more bad news, this time out of Kentucky.  From the Herald-Leader:  “A woman who once directed the agency that is the main provider of civil legal help for poor people in Eastern Kentucky has alleged that its board fired her because of her gender and race.   Cynthia Elliott, who is black, also contended in a lawsuit that the board of the Appalachian Research and Defense Fund of Kentucky fired her in retaliation for firing white employees. The board dismissed Elliott in January. She had been director of the agency, known by the acronym AppalReD, since 2007, and had been one of its staff attorneys earlier.”

• 10.12.11 – Legal Aid Society of Milwaukee executive director Thomas Cannon makes the case for a civil right to counsel in the Milwaukee Journal-Sentinel: “Poverty qualifies more than a million Wisconsin residents for free legal services, but because of the chronic underfunding of civil legal aid programs, only about 5% of these individuals will actually get a free lawyer. The other 95% are on their own. Congress is proposing to cut the modest budget for federal legal services programs. In Wisconsin, Gov. Scott Walker and the Legislature eliminated all state funding for civil legal aid. Wisconsin is now one of a handful of states that provide no funding for civil justice. This dire situation could change if the Wisconsin Supreme Court enacts a proposed rule change that directs trial court judges to appoint lawyers at public expense in civil cases where basic needs – food, shelter, clothing, heat, medical care, safety and child custody – are at stake. The court recently held a public hearing on the rule change; it will discuss the matter in open session on Oct. 17 in Madison.”  Just as an interesting bit of trivia, Cannon notes that the Wisconsin Supreme Court established a criminal right to counsel all the way back in 1859.  I come from a civil legal services background, so I’m fairly ignorant on state-by-state criminal right-to-counsel jurisprudence predating Gideon. This was a surprise to me.

• 10.10.11 – David Lash, managing counsel for pro bono at O’Melveny & Myers (and friend of the PSLawNet Blog), penned a great piece about the vital role of lawyers in providing access to justice at a time when more and more people fall into poverty.  Writing in the L.A.-based Daily Journal (and writing in his individual capacity, not on behalf of his law firm), Lash highlights the growing numbers of Californians living in poverty (over 16% of the state population) and notes that many more people are technically above the poverty line but hardly able to make ends meet.  He then lists concrete examples of the work that pro bono and legal aid lawyers do to serve those clients on society’s margins, and closes the piece as follows: “So let us not forget that although our greatest hopes lie in the greatest judicial system the globe has ever seen – that system is daunting, intimidating and overwhelmingly complex for those who are unrepresented. Democracy’s promise sometimes is entirely dependent on access to the justice system; access that requires a lawyer to navigate its intricacies and nuances. So as we debate budget cuts, let us remember the key role of the legal system. It is a worthy investment where every dollar spent is leveraged through the generous largesse of everyday lawyers devoting their time and skills to save lives.”  Well said.  Alas, the article is password-protected, so we can’t provide a link to it.

• 10.10.11 – wonderfully reported article, but bad news.  In the National Law Journal, “Cuts constrict lawyers’ route to federal jobs” takes a close look at how the attorney honors program pipeline, which has historically served as a terrific point of entrance to federal government, is looking more like a funnel.  The article contains several useful data points about agency-by-agency honors program hiring.  DOJ, for instance, took on 165 honors attorneys this year, but that is “down from 211 in 2010. Next year, there are only 70 to 80 slots available.”  The piece also notes that competition for the dwindling slots is up significantly, as more and more students who feel shut out of the private sector look to Uncle Sam for a job.  Interestingly, the piece goes on to note, law school rank is not necessarily a big criterion in hiring decisions. DOJ hires grads from lower-ranked schools if they have strong academic credentials and a demonstrated interest in the subject matter area.  The piece closes by suggesting that salary is not the allure of honors programs; rather, honors attorneys get hands-on practice experience right out of the gates.

• 10.10.11 – is the Discovery Channel THE LAW in Broward County?  On something of a lighter note, the Sun-Sentinel looks at a Broward County public defender’s objections to Discovery’s “Police Women of Broward County.”  From the article: “Contracts for four deputies who appeared on the ‘Police Women of Broward County’ reality show give TV producers too much power, the Broward public defender says. ‘Who is producing the arrests, the officer or the show?’ asked Chief Assistant Public Defender Gordon Weekes Jr. ‘This contract basically delegates a law enforcement officer’s duty to a third party’.”

• 10.10.11 – from the Santa Rosa Press Democrat, we learn that the newly opened Family Justice Center of Sonoma County offers a broad array of support services for domestic violence victims:   “A study determined victims of domestic violence, sexual assault and crimes such as stalking and elder financial fraud could be required to visit two dozen different agencies if they wanted to use public services available to them. Since many victims can lack transportation, be financially strapped or be pursued by an abuser, advocates determined it would be best to put all the assistance for them under one roof. The county bought and renovated a former office building with grants and donations of about $6 million and invited more than a dozen victim advocates from organizations like Catholic Charities, the Council on Aging, the YWCA and the Inter-tribal Council. The center is staffed by police and district attorney employees, an immigration adviser, an advocate for the deaf and a civil attorney who provides advice about harassment and getting restraining orders.” 

• 10.7.11 – the Congressional Quarterly Researcher put out a report on the civil legal services community’s resource crisis.  It’s password-protected, though, so we can’t get to it.  But FYI. 

We’re delighted to announce that Felicia Cantrell, a 3L at the Sandra Day O’Connor College of Law at Arizona State University, has been recognized as the 2011 PSLawNet Pro Bono Publico Award winner!

Felicia, a third-year law student, is described as a leader, change-maker and fearless optimist when it comes to her zealous advocacy against sex trafficking. As a 1L, Felicia founded the student organization, 13 – Advocacy Against Sex Trafficking (13 being the average age of child sex workers in the U.S.). As a result of her leadership, the group has collaborated with various organizations and has facilitated victim advocate trainings and educational programming for hundreds of law students, attorneys, judges, social workers, teachers and the public-at-large. Additionally, Felicia and the more than 100 students who make up Felicia’s organization volunteer their time to providing legal assistance and screening for domestic violence and human trafficking situations at a local clinic.  Currently, Felicia is representing abuse victims in civil legal matters as a student-attorney with the law school’s Family Protection Legal Clinic. She plans on becoming a prosecutor of sex crimes and hopes to found a human trafficking law school clinic.

We will be delighted to honor in person Felicia during NALP’s 2011 Public Service Mini-Conference in Washington, DC.

We also extend our congratulations to this year’s Pro Bono Publico Award runner-up and those who received honorable mention.  It is truly heartening to see so many talented law students doing such tremendous work to help those on society’s margins.  Read our announcement to learn more about the entire slate of honorees.

By: Steve Grumm

The Albany Times-Union reports on one jurist thinking outside the box about addressing the justice gap:

That was the recommendation of one of New York’s top judges Monday in his testimony to the Task Force to Expand Access to Civil Legal Services, which was formed to address the issue. Michael Coccoma, the deputy administrative chief judge for counties outside New York City, suggested the panel consider the graduates as he urged “new ideas” during a hearing at the Court of Appeals.

“For example, when I hear that an increasing number of recent law school students are unable to find jobs, I ask myself, why can’t we develop funding streams and programs which would provide an opportunity for these attorneys, who are eager to put their skills to work in a public-service program, providing legal services for the poor?” Coccoma asked.

Coccoma suggested that in exchange for a two- or three-year commitment in that type of program, the new lawyers could receive a reduction in their student loan. He compared it to AmeriCorps programs which enables college graduates entering health care fields to get assistance with their tuition.

Hmmm.  I have profoundly mixed feelings on this issue.  On the one hand, it’s undeniable that there are signficant numbers of un- or underemployed law grads.  And there is certainly a need for more advocates for low-income people with legal problems.  But, civil legal services lawyers are already the lowest paid public interest lawyers.  The problem of low salaries has plagued legal services organizations for years.  I can appreciate how a program structured like AmeriCorps or Teach for America would be term-limited.  Thus you’re not dealing with the same problem of underpaying permanent employees.  Still, it gives me pause.

by Kristen Pavón

If you are a staff attorney/law clerk/intern for a legal services organization or public interest law firm, you know that interviewing clients is an important part of what you do. It’s a critical skill that can always use honing.

I came across a great interviewing tip sheet focused on interviewing low-income clients in my inbox and thought it could be helpful for you!

Here are a few of the highlights:

1. Be Prepared

Have copies of all forms your client may need to fill out or take home with them. Find out ahead of time whether they anticipate coming to the office with anyone and make adjustments (ex. kids, relatives). If there are special parking arrangements, make sure you let the client know.

2. Introductions

Start with small talk. This may be the first time your client is in a law office and a) may be nervous and b) may not know what’s going to happen next. Also, depending on your practice area, the client’s issues may be emotionally trying for them — so ease them into it.

3. Lay out the Agenda

First, explain your role in his or her case (direct representation, no relationship just yet, intern, etc.). Next, give the client a roadmap of how the meeting will go so they know what to expect — you’ll ask them to tell you why he or she came in, explain that you’ll occasionally jot down notes, you’ll interrupt him or her with more specific questions, etc. Also, talk about confidentiality.

4. Start with open-ended questions.

This allows you to get a lot of information right at the beginning and you can choose what issues to focus on next.

5. Listen!

Actively listen. Give the clients nonverbal and verbal cues that you’re listening and you understand what they’re saying.

6. Follow-up.

Make sure you clarify any lingering issues. You want a full picture of what’s going on.

7. Summarize.

Before you let the client go, summarize the information they’ve given you to make sure you’ve gotten the whole story.

8. Is there anything else?

Ask this question. Always. You never know.

9. Future Communication

Talk to the client about how you will communicate with them — email, phone, work phone, etc. Also, set up your next date, time and place for next contact.

For more helpful tips about interviewing, check out this great slideshow from the Legal Aid Association of California.

What are your tried-and-true interviewing tips?

by Kristen Pavón

Another great legal aid program bites the dust.

The Florida Bar Foundation is the only statewide organization in Florida that provides funding for legal aid (and does so without strings) and promotes improvements in addressing the civil legal needs of the poor.

The FBF has already suspended funding for the Florida Law School Civil Clinics and Florida Public Service Fellows programs. Now, the Foundation’s Legal Aid Summer Fellowship program is also being suspended. The good people at the FBF expect that funding for the Summer Fellowship program will be suspended for several years, possibly.

This is a sad day for civil legal aid in Florida. I was a Legal Aid Summer Fellow in 2010 and the amount of legal work fellows accomplish in ten weeks is incredible. In ten weeks, I was able to meet and interview with more than 60 clients, offer advice to almost all of them, and draft over 20 legal documents for pending litigation. And that was just me. The other 39 fellows did the same, if not more, I’m sure.

Let’s do a bit of math, shall we? In theory, the 2010 summer fellows funded by the FBF helped 2,400 clients and wrote 800 legal documents. That’s a big hit for legal aid organizations in Florida.

The benefits that the fellows received from the program are immeasurable. Fellows were able to build relationships with attorneys, save some money (the pay is $5,000 for rising 2Ls and $7,000 for rising 3Ls — paid for my Barbri course!), learn the ropes and do some really satisfying work.

I hope the program comes back sooner than later.

The Foundation’s main source of support comes from the Interest on Trust Accounts (IOTA) Program. However, Foundation grants also are supported by gifts from Florida attorneys, law firms, corporations, foundations and other individuals.