Archive for News and Developments

LegalZoom to the Rescue? A Solution to Access to Justice Issues?

By Kristen Pavón

LegalZoom, the nation’s leading provider of online legal document services and legal plans to families and small business, unveiled an innovative new cost-effective service that combines technology with a network of law firms to prove one-on-one consultations.

Here’s more about how the service would work from The Sacramento Bee,

In most states, users can access an experienced attorney for free at the LegalZoom website. After an initial trial period, users can continue to get advice from an attorney on virtually any legal matter, as well as have legal documents reviewed on their behalf, by paying a low monthly fee.

There is no word on exactly how much this low-cost alternative will be or what legal issues will be handled, but with the access-to-justice crisis in full effect and no real end in sight, it’s definitely worth a look.

What do you think about this initiative as an option for providing legal aid to low-income populations?

Check out more details here.

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Be Pro Bono's Voice: Join the National Pro Bono Conversation

By Kristen Pavón

The ABA Standing Committee on Pro Bono and Public Service is trying to revamp how we think about and how we deliver pro bono services. Additionally, the Committee wants to talk to people like you to let them know your ideas about increasing access to justice.

Twice a week, on Mondays and Wednesdays, they’re asking you questions about pro bono. Today’s questions are: 1) What methods have you found most effective in engaging law students in pro bono? and 2) What type of legal work have you found is both most appropriate for law students and helpful for clients?

My voice has already been heard today!

Here’s a snippet of my response: Speaking from a recent law graduate perspective, I gained the most useful legal experience from representing clients from the intake phase to the research, advice or representation phases with a structured sense of supervision — meaning I was able to think and analyze independently but then spoke with an attorney to put my proposals through a vetting process. . . .

To read my entire response and have your voice heard, click HERE!

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Classy Awards: Our Own Honorable Mentions

By Kristen Pavón

This weekend, awards were given to twelve non-profit organizations and leaders to honor and celebrate their good work at the third annual Classy Awards, the largest philanthropic awards ceremony in the country.

Among the night’s winners were The Soldiers Project, Invisible Children, Northwestern University Dance Marathon and Marley’s Mission.

Five of the nominees were legal services-related. They are doing great work at home and abroad — let’s check ’em out.

Domestic Violence Action Center

Honolulu-based DVAC has focused on shaping awareness about domestic violence and maintaining the safety of domestic violence victims for more than 20 years.

DVAC has assisted almost 200,000 callers, served nearly 4,000 children and their families, made 5,781 court appearances, provided 16,570 court accompaniments, completed 30,522 safety plans and conducted 24,219 risk assessments by expertly trained staff.

Read DVAC’s entire nomination here.

Lutheran Ministries and Social Services of WACO
LMSS of Waco is a free legal clinic serving Waco, Texas, the fifth-poorest city in Texas and sixteenth-poorest city in the country. Their Legal Assistance Project is one of fourteen self-help or assisted pro se legal aid clinics in the state. Clients are educated about the court process, provided legal forms, and are supported by non-attorney advocates who follow the guidelines for providing legal information. To read their complete nomination, click here.

Global Center for Social Entrepreneurship

The Global Center was established at the University of the Pacific in 2006 to create a whole new generation of solution–minded pragmatists who will pioneer practical, inventive, and sustainable approaches to address the world’s most pressing social issues, including poverty, disease, malnutrition, environmental degradation, injustice and illiteracy. The Global Center has created 20 innovative student-centered programs focusing on these social issues. Read their entire nomination here.

Hunterdon Hispanos
“Hunterdon Hispanos is the only nonprofit in Hunterdon County, NJ devoted to Hispanic issues and run primarily by Hispanics.” Among other services, Hunterdon Hispanos provide legal advice, access to other resources, translation support and advocacy making it possible for crime victims to work with Prosecutors on cases. Their goal is to continue to bring people together around issues of mutual concern, break down barriers and build community for the benefit of all. Read their nomination here.

Congratulations to all the nominees and winners! Keep doing good work!

Do you know a non-profit organization that deserves recognition for the work they do? Let us know!

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When Vampires Attack

By Kristen Pavón

So, there’s only a few more hours until the weekend commences (unless you’re working for the weekend) and I’d like to send you off with a few words of caution. If you’re planning on grabbing some wings at Hooters this weekend, you may want to bring along your handy-dandy vampire-slaying stake.

Thanks to Findlaw’s Legally Weird blog, we can take necessary precautions.  Here’s what happened in St. Petersburg earlier this month:

Florida vampire Josephine Smith, 22, was arrested on charges of felony aggravated battery on an elderly person late last week, accused of attacking 69-year-old Milton Ellis while outside a vacant Hooters in St. Petersburg.

After inviting her to hang out with him at the vacant Hooters, [wheelchair-bound and homeless] Ellis fell asleep, but woke up when Smith yelled, “I’m a vampire, I am going to eat you!”

Thought I was joking?!

As bizarre as this sounds, there are a couple of serious points to make here.

Smith now faces a minimum term of imprisonment of 3 years, mandatory restitution, and up to 500 hours of community service.She’s also probably going to have a psych evaluation and a drug test, as government officials will want to learn as much about this Florida vampire while they have the chance.

Also, I’d like to take this opportunity to mention that attacks against the homeless have increased in the last decade and is not a laughing matter.

Read the entire story here.

For more information on attacks against the homeless and what’s being done about it, check out the National Coalition for the Homeless.

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Public Interest News Bulletin – September 16, 2011

By: Steve Grumm

Happy Friday, dear readers.  This week’s Bulletin comes to you from a small beach cabin on Cape Cod, where the Internets are spotty but the ocean is gleaming beautifully in the morning sun.  Seemingly overnight, summer has given way to a brisk, lovely autumn morning.  Please pardon typos as I’m laboring with an intermittent Web connection and will call it a victory just to get this blog post published.  

This week: law students aiding a New York federal court in handling an influx of mediation cases; also in the Empire State, chief judge Jonathan Lippman is again on the warpath for more legal services funding; what a Legal Services Corporation funding cut would mean in Maryland, and why taxpayer $ should support legal services; big LSC news – Senate appropriators are contemplating a 2% dip in FY12 LSC funding; to narrow the justice gap, pro bono guru Esther Lardent calls for mandatory law school pro bono (among other measures); the Census Bureau’s release of alarming poverty data, and what it means for the legal services community; the state of legal services funding in the Glorious Commonwealth of Pennsylvania; a big medical-legal partnership conference is about to get underway in the Bay Area. 

  • 9.16.11 – there has been much coverage lately in legal and national media about resource shortages confronting court systems throughout the U.S. The Southern District of New York is bringing on law students to help handle its caseload.  From the New York Law Journal: “The Southern District has enlisted three area law schools in a new program that will give participating students a practical exercise in client advocacy and managing expectations and help the court cope with an expected upsurge in mediations. Under the supervision of their professors, approximately 30 students at New York Law School, Seton Hall Law School and Brooklyn Law School will represent about 20 employment discrimination plaintiffs in court-referred mediations. They will meet with clients to ascertain their goals, prepare mediation statements and conduct negotiations before volunteer mediators. If a resolution is reached, the students will also help draft the settlement agreement. However, students will not represent plaintiffs in litigation if the mediation is unsuccessful.”
  • 9.15.11 – more New York.  The state’s top jurist is once again leading the charge for state legal services funding.  More New York Law Journal: “With grim economic realities persisting in New York, Chief Judge Jonathan Lippman will renew his efforts beginning next week to drive home to the governor and the Legislature the need for greater state funding for civil legal services for the poor. The chief judge will preside over the first of four planned hearings Tuesday in White Plains along with Chief Administrative Judge Ann Pfau, New York State Bar President Vincent E. Doyle III of Connors & Villardo in Buffalo and A. Gail Prudenti, presiding justice of the Appellate Division, Second Department. Presiding justices of the other three departments will appear at later hearings in Manhattan, Albany and Buffalo.”
  • 9.14.11 – in a Baltimore Sun op-ed, Legal Services Corporation board chair John Levi explains what’s at stake if LSC funding sees a significant cut in FY12, lays out the growing need for legal services among Terrapin Staters and Americans generally, and makes the case for supporting federal funding of legal services: “Across the country, civil legal assistance supports the orderly functioning of the civil justice system and access to administrative agencies throughout government. Large numbers of unrepresented parties in courts slow dockets and reduce efficiency in the administration of justice for everyone who needs to use the court system. Individuals unable to obtain advice may later be faced with far greater consequences than if they had been able to have their matters sorted out at an early stage.”
  • 9.14.11 – the National Legal Aid & Defender Association is keeping us looped in about LSC appropriation  news on the Senate side.  Recall that a House FY12 proposal would slash LSC funding by over 25% (from just over $400m to $300).  Things are looking a little better in the Senate.  From NLADA: “The Senate Commerce, Justice, Science and Related Agencies (CJS) appropriations subcommittee marked up its FY 2012 funding bill today. The bill includes $396 million for LSC, which is a 2 percent decrease from the FY 2011 level of $404 million. Full committee markup is scheduled for tomorrow, September 15. The House full committee recommended a FY 2012 level of $300 million. No appropriations bills have been cleared and appropriators are preparing a Continuing Resolution (CR) to keep the government running after the end of the fiscal year (September 30).”  Here’s an LSC press release about the subcommittee’s markup.  (Unfortunately, being out of DC and with limited Internets I’m not sure what’s happening with the full Approps. Committee.  I’ll tweet word as soon as I have it.) 
  • 9.13.11 – the Pro Bono Institute’s Esther Lardent pens an opinion piece asking, “Is It Time for Mandatory Pro Bono?” in light of the ever-widening justice gap.  Her answer: not yet.  “For both philosophical and highly pragmatic reasons, I believe that mandatory pro bono should be the last possible resort.”  But Lardent does offer some options for increasing pro bono service, one of which is mandatory pro bono in law school.  “Including a substantial pro bono contribution to the American Bar Association law school accreditation standards — e.g., 150 hours during the course of law school as a condition of graduation — would create additional pro bono resources while promoting an appetite for pro bono and teaching tomorrow’s lawyers how to integrate pro bono into a busy schedule.”  Interesting stuff. 
  • 9.13.11 – as has been well documented in the media, the U.S. Census Bureau released 2010 poverty data.  The data are – I won the Latin Scholar award in high school so you’re darned right I only use “data” in the plural – less than encouraging.  (Some findings below.)  John Levi, the aforementioned Legal Services Corporation board chair, issued a statement reacting to the data: “The U.S. Census Bureau released its official 2010 statistics on poverty this morning, and the data show that nearly one in five Americans qualifies for civil legal assistance at the legal aid offices funded by the Legal Services Corporation (LSC).  The number of Americans now eligible for legal services is staggering: more than 60.4 million, up 3.6 million from the prior year.  These 60 million Americans had incomes at or below 125 percent of the federal poverty line—$13,613 for an individual and $27,938 for a family of four.”  Here’s some data from the Census Bureau’s report:
    • “The poverty rate in 2010 was the highest since 1993….  Since 2007, the poverty rate has increased by 2.6 percentage points.
    • 15.1% of the population in 2010 was living in poverty.  That’s almost one in six people.
    • “In 2010, the family poverty rate and the number of families in poverty were 11.7 percent and 9.2 million, respectively, up from 11.1 percent and 8.8 million in 2009.”
    • Over 1 in 5 children lives in poverty.
  • 9.9.11 – just a few hours from this blog post’s publication, a bigtime medical-legal partnership conference is taking place in one of our nation’s most beautiful locales.  From a press release: “The Bay Area’s most progressive healthcare and legal professionals, students and educators will gather at UC Hastings on Friday, Sept. 16 (8:30 a.m.-5 p.m.) to mark the first Medical-Legal Partnership conference on the West Coast. Their goal: to transform medicine and law practices to improve community health.  The all-day summit is part of the Medical-Legal partnership movement, a healthcare and legal services delivery model that improves health and well-being of vulnerable populations by integrating health and legal systems. The event has been planned by the Medical-Legal Bay Area Regional Coalition (M-BARC), a partnership that includes 10 Medical-Legal Partnerships with 18 medical sites.”

 

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New York Settled, Promising New Life for Mentally Ill People

By Kristen Pavón

In a big win for New York housing law and disability advocates, New York settled a 2006 case this week that accused it of “violating the spirit of its own longstanding rules for housing mentally ill people.” The settlement came on the heels of the judge setting a trial date for early October.

Here’s the low-down (as I have gathered from the New York Times article): Back in 2002, NYT did a series of exposé articles revealing the repulsive nursing home conditions that mentally ill people were living in and as a result, this case was filed. Not surprisingly, New York has a “longstanding legal principle . . . [that] the mentally ill cannot be confined unless they are considered a threat to themselves or others, and should be housed in the leased restrictive setting appropriate for their needs.”

The meat of the settlement is in the three-year deadline to move qualifying patients out of nursing homes and into the community. However, the state has also promised to provide for reforming the assessment process that is used to determine whether patients can live in the community and develop 200 new supported housing units.

Read the whole story here.

Share your public-interest wins with us below & let us know what you think of NY’s settlement.

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Is Mandatory Pro Bono in the Queue as a Solution to our Access-to-Justice Crisis?

By Kristen Pavón

When it comes to taking on our nation’s growing access-to-justice crisis, the Pro Bono Institute’s President and Chief Executive Officer Esther Lardent is not willing to wait around for a solution to conveniently present itself, especially because she has sensed apathy outside the legal profession.

In a recent National Law Journal article, she proposed seven bold steps that can alleviate the gap between the need for legal assistance and the availability of free legal services for the poor (teaser: one is mandatory pro bono hours for law students, gasp!).

Lardent contends that the situation is now dire because of the “Great Recession” and budget cuts for legal services organizations and courts across the country. For Lardent, the last resort should be mandating pro bono service for attorneys. However, she has other interesting options. Here’s a quick rundown of her proposals:

1. Voluntary-plus pro bono. Assume all attorneys are willing to take on pro bono cases. Allow uninterested attorneys to opt out of the program, instead of recruiting individual attorneys.

2. Law student pro bono. In contrast to her prescription for attorneys, Lardent suggests law students be required to complete 150 hours of pro bono hours to graduate. She emphasized the value in awakening an appetite for pro bono work and engaging in a hands-on legal experience for students.

3. Pro bono as a criterion for leadership. Attorneys should have a consistent portfolio of pro bono work before becoming eligible for any leadership position.

4. Revise ABA Model Rule 6.1 (the volunteer pro bono publico provision). Rule 6.1 is too broad for Lardent. The definition of pro bono should be narrowed, and should only mean free legal work for low-income or disadvantaged clients (fun fact: Lardent co-authored Rule 6.1 in the 1990s).

5. Bar association contributions. These associations should actively support local legal services programs, financially and on the legislative front.

6. Make pro bono reporting meaningful. Put procedures in place so that accuracy, consistency, disaggregation and transparency are reflected in annual reporting.

7. Triage and simplification. Come up with an effective triage system that would include effectively diagnosing a client’s legal issues and treating them with the “best and least costly legal intervention.” This could include brief advice, education, unbundled assistance or full-fledged zealous representation.

Check out the article in its entirety here. To learn more about Esther Lardent, read her bio here.

What do you think? Do these seem like viable solutions to access-to-justice issues?

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Innocence Project's Journalism Students Ordered to Hand Over Emails to Illinois Prosecutors

By Kristen Pavón

NPRreported that a Chicago judge ordered investigative journalism students to deliver more than 500 emails related to a 33-year-old murder case to state prosecutors. The students were investigating the case as part of the Medill Innocence Project, which has helped free a dozen men wrongfully convicted of murder.

[State prosecutors] filed a subpoena in 2009 demanding all the students’ and professor Protess’ notes, interviews, tapes, emails relative to the case, as well as other documents, including grades and course evaluations. . . .

[T]he judge ruled that the students weren’t acting as journalists, protected by the Illinois reporter’s privilege law, but as investigators for the defense. . . .

There are concerns that if the ruling stands, it could have a chilling effect on the work of journalism students across the country. . . .

Northwestern University has until Sept. 21 to decide whether to appeal.

There is also concern that this may affect law schools’ Innocence Projects that may collaborate with investigate journalism students.

How, if at all, do you think this ruling will affect law school clinical programs?

Read the full story here.

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The Peculiar Trend of "Uncompensated Special Assistant U.S. Attorney" Positions

By: Steve Grumm

One of the more interesting post-recession trends in the public interest legal arena has been the growth of full-time volunteer attorney
positions within nonprofit and government agencies. It has not been unusual, historically, that public service law offices would recruit volunteers to bolster their staffs amid swollen caseloads. But in the recession’s wake we’ve seen larger-scale efforts to recruit un- or under-employed attorneys for full-time stints ranging from 6 to 18 months. Budget cuts and caseload pressures felt by employers have given birth to creative staffing solutions, while the anemic legal job market has left thousands of recent law graduates
looking for ways to gain practice experience. Although there are certainly some upsides to this trend, some worry that these unpaid positions could become institutionalized, leaving some debt-laden, public service-minded law grads with a rocky financial path to traverse immediately out of law school.

Over the coming months I will look at the emergence of volunteer attorney positions in different types of public service law offices.   I began in this month’s NALP Bulletin with a piece on the rise of the “Uncompensated Special Assistant U.S. Attorney.”

[W]ith Uncle Sam poised to squeeze his fiscal belt even more tightly, federal prosecutors across the country are looking for creative, effective, staffing solutions.  The Department of Justice (DOJ) implemented a hiring freeze in January of this year.  Given the current political climate, in particular the recent passage of sweeping federal deficit-reduction legislation, federal prosecutors’ budgets are likely to, at best, hold fast.  According to one Assistant U.S. Attorney whose office has recruited for uncompensated Special Assistant U.S. Attorneys (SAUSA), given the circumstances it makes perfect sense for U.S. Attorneys’ Offices to mine a talented – and nearly free – source of labor.

 A review last month of several “SAUSA Uncompensated” job listings on the DOJ’s Office of Attorney Recruitment and Management website was helpful in sketching out the nature of uncompensated SAUSA positions and applicant eligibility criteria…

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Public Interest News Bulletin – September 9, 2011

By: Steve Grumm

Happy Friday, dear readers.  Greetings from a rainy, gloomy Washington, DC.  This is perhaps appropriate, as most everyone inside the Beltway is mindful that almost 10 years have passed since the September 11th attacks.  Things here livened up a little bit this week with the Republican presidential candidates’ debate and last night’s presidential address, the combination of which suggests that the 2012 election season is already upon us.  Thirteen months of this.  Oh, what unmitigated joy. 

This week in public interest news: the Maryland Legal Aid Bureau hits the century mark; a handful of law schools create “incubation programs” for aspiring solos, and at least two of them are serving low-income clients; some much-needed matching funding for Pisgah Legal Services; an eleventh-hour layoff aversion in the Sacramento D.A.’s office; Vermont Law School’s doing its part to aid flood victims; the Mass. Bar Association goes all medical-legal partnership on us;  UVA Law’s Innocence Clinic scores some big wins;  read about a not-so-good proposal to change Tennessee’s indigent defense system; an in-depth look at pro bono programs within large, Windy City law firms; Utah prosecutors support bolstering indigent defense; how a huge, potential LSC $ cut will impact Legal Services of Southern Missouri; an anonymous, non-lawyer drops $2 million on the Maine Bar Foundation’s’ doorstep (metaphorically).  My money’s on Steven King. 

  • 9.7.11 – some good news for Pisgah Legal Services in North Carolina.  It may not seem that having $17K in county grant money restored is newsworthy.  But the money constitutes matching funds for domestic-violence grants.  So it’s important.  The Times-News reports: “The Henderson County Board of Commissioners voted unanimously Tuesday to give Pisgah Legal Services money it needs to match domestic-violence grants, essentially reinstating the funding that they denied the regional nonprofit in June.  While the grant was requested by Pisgah Legal Services Executive Director Jim Barrett to match domestic violence prevention grants his organization has secured through the Governor’s Crime Commission, it is nearly the exact same amount — $16,833 — that Barrett previously asked the board for during county budget talks.”
  • 9.6.11 – layoffs averted in the Sacramento DA’s office.  And we can thank Big Oil.  Sort of.  KCRA reports:  “Three months ago, [District Attorney Jan] Scully said budget cuts were forcing her to lay off 64 people, eliminate several units and stop prosecution of most misdemeanor crimes.  Now, Scully said a $24.5 million settlement in a lawsuit against Chevron for violating the state anti-pollution laws is making the difference.”  The DA’s office will get 6.5 million from that pot of money.
  • 9.6.11 – the Massachusetts Bar Association has gotten into the medical-legal partnership game with a new pro bono initiative, according to a piece in The Republican:  “To address the intertwined health problems and legal needs of such vulnerable patients, the Massachusetts Bar Association and Massachusetts Medical-Legal Partnership network have joined forces to launch the MBA Pro Bono Prescription.  This pioneering effort unites health-care teams and lawyers toward a shared goal of strengthening struggling communities. The MBA Pro Bono Prescription aims to increase the supply of lawyers who can prescribe legal remedies to help avert both legal crises and health emergencies.”  (For the law students in our readership, you can learn much more about medical-legal partnerships, which have been steadily increasing in number across the country, via the National Center for Medical-Legal Partnerships.  The basic goal is for poverty lawyers to work with other social services providers in providing more holistic services to clients, and ideally addressing root causes of medical and legal problems to avoid their recurrence.)
  • 9.6.11 – the Cavalier Daily reports that the University of Virginia School of Law’s Innocence Project has done well in the overturned conviction department, first removing a man from Death Row and then having his other, related convictions tossed: “Twelve University Law students helped overturn the wrongful drug and weapon conviction of Northern Virginian man Justin Wolfe last week, bringing an end to a decade-long struggle for freedom. The decision comes more than a month after the students, as part of the Law School’s Innocence Project Clinic, helped convince a federal judge to dismiss Wolfe’s murder-for-hire conviction and death sentence.  The clinic, part of the Innocence Network, is an organization which works to overturn wrongful convictions of prisoners in Virginia who could be proven innocent — many of whom are convicted as a result of ineffective legal counsel or flawed police techniques.”
  • 9.4.11 – an op-ed in The Tennessean appropriately skewers a really bad idea for saving cash on the state’s indigent defense funding:   “The state’s indigent defense fund’s cost has grown from $19.9 million to $37.5 million since 2004. There were 126,000 legal bills submitted by attorneys to represent poor clients last year. Lawmakers cried “whoa!” and asked the courts’ administrative office to figure out how to save money.  What they came up with is a proposal that has been widely poo-pooed by attorneys, judges, experts and professional groups. It would set up a bidding system in which attorneys or law firms would get the right to represent the indigent for a flat fee if they are the lowest bidder. All the sudden, in Tennessee, justice would be akin to road contracts or buying computers.”  (“Poo-pooed” did not pass spellcheck, but frankly I have no interest in learning how to spell it.) 
  • 9.4.11 – the Chicago Lawyerhas a long, detailed piece surveying the pro bono models at several of the Windy City’s large law firms: “In recent years, as pro bono leaders in Chicago law firms worked to increase pro bono participation, they began to integrate pro bono…into the operations of their firms. Many of these programs now serve as separate practices, often with their own staff and policies….  While some…firms still encourage lawyers to select their own projects, other firms take a more focused approach, searching for specific opportunities to help those in need while training young associates. They also adopt and offer holistic services to nonprofit organizations and secure finance or real estate matters for transactional lawyers.”  Firms highlighted in the article include Katten, SNR Denton, Holland & Knight, DLA Piper, Winston & Strawn, and Mayer Brown, among others.  Chicago Bar Foundation executive director Bob Glaves, a friend of the PSLawNet Blog and a superb advocate for the local public interest community, is quoted in the piece.  This provides an opportunity for me to note that the Cubs record is 62-81.  Hi, Bob!
  • 9.1.11 – Ready, set, $2million.  The Bangor Daily News reports unexpected good news on the legal services funding front in Maine: “The Maine Bar Foundation has announced the receipt of a $2 million gift from an anonymous donor. The endowment, the first of its kind for the foundation, is dedicated to providing support for people in need of legal assistance in Washington and Hancock counties, according to a press release issued Thursday…. The foundation will set up an endowment with the gift and use the interest to pay for legal services.”  This has got to feel good for the bar foundation after some disappointing IOLTA years.

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