By: Steve Grumm

Last week many high-level stakeholders in the civil legal services community and government met to review the health (or un-health) of the civil legal services system.  Even the president partook.  The DOJ’s Access to Justice Initiative was one of the players, and they’ve written an event summary on DOJ’s blog. An excerpt:

Legal aid attorneys, pro bono partners from law firms, government leaders, judges, and advocates from around the country gathered at the White House earlier this month for a forum on “The State of Legal Assistance.”  Moderated by Legal Services Corporation (LSC) Chairman John Levi, the forum looked at the legal challenges faced by America’s most vulnerable groups, including veterans, low-income families, the elderly, and people with disabilities.

A 2009 LSC study(PDF) found that less than 20 percent of the legal problems experienced by poor people were addressed with the help of a private or legal aid lawyer.  At the forum, a panel of LSC attorneys spoke of the strains on their system in the wake of the country’s economic recession, and the hardships faced by those served by legal aid.

…

Another sad story from within our public interest sphere.

From Human Rights USA‘s Board of Directors:

Human Rights USA’s Board of Directors is sad to announce that the organization will be closing down on April 30, 2012, and our clients placed with other organizations and law firms who will continue their representation.  The Board’s decision comes primarily as a result of the difficult funding landscape facing public interest organizations at this time.  We would like to extend heartfelt thanks to Human Rights USA’s staff, clients, current and past funders, the countless pro bono attorneys and law student volunteers who have worked with us, and all of the organizations that have partnered with us over the years.

Human Rights USA was founded in 1996 as the World Organization Against Torture USA.  Under its founding director, Morton Sklar, the organization began by reporting to the United Nations on U.S. compliance with human rights treaties and litigating cutting-edge asylum cases on behalf of women fleeing female genital mutilation.  Our asylum work gradually expanded to cover other forms of gender-based violence, including human trafficking and forced marriage, forms of harm that at one time were not considered to establish eligibility for refugee protection.  Human Rights USA has also litigated ground breaking federal court cases, winning the first direct legal challenge to the policy of rendition to torture, and helping many survivors of torture, human trafficking, and other human rights abuses hold the perpetrators accountable and recover compensation for their suffering.

Throughout all of this, Human Rights USA continued to produce reports on critical human rights issues, and in recent years began training other attorneys to utilize human rights principles in their own litigation.  Our 2011 *Guide to Establishing the Asylum Eligibility of Survivors of Human Trafficking and Forced Marriage* will continue to be available through the Tahirih Justice Center (<www.tahirih.org>), an organization that has also performed ground breaking work on gender-based asylum issues for over a decade.  Our 2012 report *Indefensible:  A Reference for Prosecuting Torture and Other Felonies Committed by US Officials Following September 11th*, produced in collaboration with the International Human Rights Law Clinic at American University Washington College of Law, will be available through the Washington College of Law ( <http://www.wcl.american.edu/clinical/inter.cfm>).

Countless law students, staff members and pro bono attorneys have been mentored and trained in human rights law through Human Rights USA over the years, and we take great pride in the small role we have played in the development and education of part of the next generation of human rights attorneys.

Thanks to everyone for their support.

Sincerely,

Human Rights USA Board of Directors

By: Steve Grumm

Here’s an excerpt of a blog post from Lesley Rosenthal, the general counsel at the Lincoln Center for the Performing Arts.  Not a bad gig for an arts enthusiast.

Tectonic shifts in the nonprofit landscape are persuading directors and senior executives that it is necessary and desirable to bring on counsel to oversee the organization’s legal function. Outside or in-house, paid or volunteer, there should be one person—a general counsel—in charge of overseeing the legal affairs of the organization. (Today, my department has three lawyers, including me and a paralegal/executve assistant.)

To land one of these coveted jobs, you have to be creative and resourceful, sometimes even persuading the organization that it’s time to get full-time legal help. Once the leaders are persuaded, here are some things to do to make sure that position goes to you:

1. Build up your resume. Gain experience drafting and negotiating contracts. Learn nonprofit corporate law, governance, and compliance basics. Understand how business laws and regulations apply in the nonprofit context, and how they differ.
 
2. Do pro bono or volunteer work, or serve on a nonprofit board. Work with the type of organization you would like to be employed by.
 
3. Build your network through social networking, bar associations, and legal education programs. List your resume with search firms that specialize in nonprofit searches.
 
4. Ask for informational interviews—and be sure to ask your contact for suggestions about others you should meet. But don’t go in under the guise of an informational interview and then ask for a job!
 
5. Show your passion for the cause. Some examples: travel to a troubled area to do relief work, contribute to or raise money for the cause, or launch and manage a social media presence on a pressing social concern.
 
6. Be informed. Subscribe to trade publications such as Chronicle of Philanthropy, Nonprofit Times, Idealist, Arts Journal, and RSS feeds of newspapers and job Web sites. These publications carry industry-insider information about nonprofits in transition, nonprofits facing regulatory or legal challenges, and general issues of importance to the sector. Job seekers can pick up clues about which organizations may be hiring in the future—or which could be susceptible to a pitch to create a new legal position now.

…

Read more tips in the full blog post on The Careerist.

By: Steve Grumm

Always happy to pass along the rare bit of good legal-services funding news.  From the office of Illinois Attorney General Lisa Madigan:

Attorney General Lisa Madigan announced that $20 million in funding from the national foreclosure settlement reached this year will be given to legal assistance programs in Illinois to address the current foreclosure crisis and to provide access to the justice system for homeowners and renters.

“The one sector of our economy that has shown limited signs of recovery is the housing market,” Madigan said. “Providing critical resources for legal assistance programs will create a domino effect in the marketplace. Helping a family stay in their home benefits not just that family but the surrounding community, as well as local and state governments, all of which must happen to stabilize the housing market and revitalize the economy.”

Madigan’s announcement stems from her role in securing a $25 billion national settlement in February with the nation’s five largest bank mortgage servicers – Bank of America, JPMorgan Chase, Wells Fargo, Citibank and Ally Bank, formerly GMAC. The settlement addressed allegations of widespread “robo-signing” of foreclosure documents and other fraudulent practices while servicing loans of struggling homeowners.

…

Credit: TrailerFoodDiaries

By: Steve Grumm

Happy Friday, dear readers.  Greetings from Austin, TX, where NALP’s Annual Education Conference will adjourn manana.  Over 1400 people, all told.  I’ve spent much of my time this week wandering about in a state of sleep deprivation with the law-school public-interest career advisors and clinicians who comprise NALP’s Public Service Section.  I realized once again how fortunate I am to work with a group of such selfless folks. Big high-five to Jessica Kitson, who’s just stepped down as the section chair.  Big Warning to incoming chair Leeor Neta: you’re stuck with me for a year.

Yesterday, Texas RioGrande Legal Aid attorney (and Equal Justice Works fellow) Adriana Rodriguez keynote-ed our public service luncheon.  Adriana’s doing impactful work, in an under-served area, at a time when low-income client needs are swelling.  If the next generation of access-to-justice advocates is anything like Adriana…well…I’ll rest easier.      

This week on the access-to-justice front:

• ABA on AtJ;
• Senate bill would boost LSC funding; House bill would slash LSC funding;
• Veto of legal services funding in Florida;
• Cornhuskers!  Omaha prosecutors and defenders to get salary bump;
• Asking legal services clients to pay it forward;
• Access-to-justice news from England;
• Florida’s high court to weigh in on public defender caseload woes;
• Maryland legislature scales back court ruling on right-to-counsel in criminal matters;
• Pro bono news from DC, Denver and North Carolina.

The summaries:

• 4.18.12 – ABA president William T. Robinson, III weighs in the importance of promoting access to justice.  (Op-ed in The Hill.)

• 4.18.12 – Good news/bad news.  Good: Senate appropriations committee pushed forward a bill that would fund LSC at $402 million in FY13.  This would basically bring the appropriation back to the level it was at before an FY12 cut slashed it to $348 million.  Bad: a house subcommittee bill would slash funding further, to $328 million.  (LSC announcements about the Senate and Housebills.)
  • On a related note, earlier in the week the Maryland State Bar Association’s president made the case for LSC (writing in the Baltimore Sun).

• 4.18.12 – state funding for legal services in Florida falls victim to Gov. Rick Scott’s veto.  “A $2 million veto by Gov. Rick Scott will mean fewer attorneys to represent low-income residents through foreclosure proceedings, domestic violence hearings and consumer fraud cases, legal aid officials and a top Democrat lamented Wednesday. A day after the governor vetoed $142 million from the budget, officials at an organization that provides legal help for low income Floridians said Scott’s decision will mean a 25 percent reduction in the number of attorneys available for legal assistance in the coming year. A year later, the number of available attorneys will drop even further.” (Story from the News-Press.)
  • More coverage from Ocala.com: “Legal Aid Funding Cut Hurts”

• 4.18.12 – a salary bump for prosecutors and public defenders in Douglas County, Nebraska.  (That’s Omaha.)  Salary specifics in the World-Herald.    

• 4.17.12 – Legal Aid Services of Oregon’s Roseburg office is asking clients to pay it forward.  “Legal Aid provides Douglas County with a vital service. They have a mission to give legal services to as many people as possible, but they knew they couldn’t do it alone.  So, they’ve started a new program. ‘The pilot program was our answer to the question of how to achieve justice for the low income communities we serve, with the resources we already have,’ said Sharon Lee Schwartz, the LASO Regional Director.  For every hour those at…LASO put in on a case, they’re asking the clients to do the same.  But not necessarily with legal work.  Those in the program can donate their time to non-profits, help someone with yard work, basically put their skills to work for the community.”  (Full story from KPIC.)

• 4.17.12 – a pair of stories from Blighty:
  • in the UK, a reversal by the government should open up legal aid access to more domestic violence victims. (Story from the UK Press Association.)
  • 4.17.12 – “The annual LawWorks & Attorney General Student Awards were held recently, in the elegant surrounds of the House of Commons, to recognise the outstanding pro bono achievements of students and law school staff throughout the United Kingdom.” (Story from LawCareers.net .)

• 4.16.12 – “The Florida Supreme Court will hear arguments June 7 in a dispute about whether the Miami-Dade County public defender’s office can refuse to represent some clients because of excessive caseloads.”  (Story from the News-Press.)

• 4.13.12 – from the Baltimore Sun: “The Maryland General Assembly passed bills this month that effectively reverse a Court of Appeals ruling that would have required public defenders for indigent defendants at thousands of initial bail hearings held before court commissioners each year. The legislation instead requires lawyers for poor people at reviews of those hearings, which occur less frequently and take place in front of a judge — sometimes days later. That means some of those arrested and denied bail or unable to afford it could spend a weekend or longer in jail awaiting representation.”

• 4.13.12 – not sure if this was a pro bono conspiracy or not, but the local Business Journal publications in DC, Denver, and North Carolina ran articles on pro bono work in their respective communities.  They’re all password-protected, though.  Boo.
  • Denver!
  • North Carolina!
  • DC!

By: Steve Grumm

Happy Friday (the 13th), dear readers.  This week I’ve been thinking about how I’m inspired – not what inspires me, but rather how inspiration strikes me.  The Atlantic is collecting readers’ thoughts on this topic.  My own conclusion is that I’m pretty boring.  Mostly, I’m a linear, process-driven thinker.  “Inspiration” comes after collecting data and viewpoints, consciously and/or subconsciously mulling them over, evaluating alternatives, and then crafting a solution.  If all of those wheels are turning subconsciously and at a quick pace, then I have what feels like an epiphanic moment.  But I still must consciously start the process if I’m to get to that endpoint.   In any case it seems to work for me.

And more importantly, the exercise of thinking about how we are inspired is in itself worthwhile.  By understanding how we work best we can bring those tools and approaches to bear on future problems.  I encourage you to think about your inspiration process (and contribute your thoughts to The Atlantic if you’re so moved).            

Okay, the latest access-to-justice, pro bono, funding, job market, and related news:

• Texas moving toward adoption of standard forms for pro-se, uncontested divorces;
• Minnesota law students are pitching in big-time to narrow the justice gap;
• a class-action lawsuit against a PA county alleges underfunding of indigent defense;
• MassMutual pledges pro bono assistance and funding in the Bay State;
• Community Legal Services of mid-Florida is one fine place to work;
• the “profound transformation” of pro bono over the past three decades;
• gun-totin’ prosecutors in Minnesota;
• pro bon-Oh, Canada;
• Texas high court honored for AtJ commitment;
• more pro bono volunteers in the Volunteer State;
• re-examining welfare reform’s “successes” in a recession’s aftermath;
• spotlight on South Texas College of Law’s Human Trafficking/Immigration Clinic;
• a Wisconsin-based legal services lawyer offers the basics on managing student debt. 

The summaries:

• 4.12.12 – from the Public News Service: “The state Supreme Court is considering whether to make it easier for low-income Texans to handle simple legal cases without hiring attorneys. An advisory committee will be hashing out recommendations Friday in Austin.  At issue is whether to require all Texas courts to accept standardized do-it-yourself legal forms in uncontested divorces.”  The San Antonio Express editorial board favors the move, writing, “Texas is only one of a few states without universal divorce forms. The majority of the 43 states that have adopted the forms also mandated their courts to accept the forms. Texas needs to follow suit.  As Public Citizen and other citizen advocates have noted, many Texans can’t afford the $203 median hourly rate Texas family law lawyers charge, but that should not keep them from having access to the justice system.”  The main argument against: standardized forms could encourage a large number of people to go pro se, and could thus clog up the court system. 

• 4.10.12 – the Minneapolis Star Tribune looks at the “…growing force of Minnesota law students who are wielding more influence in courtrooms as funding for legal aid services declines and economic forces reduce paid clerkships…. The number of law students who [completed a volunteer program via the] Minnesota Justice Foundation (MJF) has grown exponentially, from 43 in 2000 to 287 in 2010. Many…are placed with nonprofits that serve low-income clients. About 19 currently work in public defenders’ offices…”  The piece goes on to cite numbers about funding cuts and job losses in civil legal services.

• 4.10.12 –  in Pennsylvania, the “Luzerne County chief public defender…filed a lawsuit against the county…alleging that a lack of funding and staffing has led to his inability to represent indigent clients. The complaint, listed as a class action, was filed by the [Pennsylvania ACLU] and Dechert LLP in Philadelphia. The ACLU has had similar complaints about the Allegheny County public defender’s office.  Al Flora Jr,, who was named the Luzerne County chief public defender in 2010, stopped accepting new applications for representation on Dec. 19 except in [certain cases].  (Story from the Pittsburgh Post-Gazette.)
  • Update: following the class-action filing on Tuesday, “Chief Public Defender Al Flora Jr. on Thursday filed a motion seeking a court order that would permit him to immediately hire six more attorneys and direct Luzerne County to pay private attorneys to represent indigent defendants who have been denied representation by his office.”  (Story from Wilkes Barre Times-Leader.)

   

• 4.10.12 – in Massachusetts, a locally-based company pitches in to address the justice gap.  From a press release: “Massachusetts Mutual Life Insurance Company (MassMutual) and the Hampden County Bar Association announced today MassMutual’s increased support for the Hampden County Legal Clinic, including a $15,000 grant and additional volunteer support through the company’s in-house legal team.  The grant is also intended to help support the expansion of pro bono activities currently administered by the Hampden County Legal Clinic.

• 4.10.12 – big props to Community Legal Services of Mid-Florida, which is a mighty fine place to work.  “Community Legal Services of Mid-Florida has been named one of the nation’s “50 Best Nonprofits To Work For In 2012″ by The NonProfit Times.  For its third annual list…publication selected nonprofits in three categories: small, medium and large organizations.  Community Legal Services was ranked ninth among medium-sized nonprofits and 18th overall, according to a news release from the Daytona Beach-based nonprofit agency.”  (Story from the Daytona Beach News-Journal.)

• 4.9.12 – the Pro Bono Institute’s Esther Lardent has occasion to look at pro bono’s “profound transformation” in the past three decades.  Pro bono’s evolution toward a sophisticated national movement began with threats to eviscerate Legal Services Corporation funding in 1980 and continued with the institutionalization of pro bono in law-firm (and now in-house) culture.   (This National Law Journal piece is password-protected.)

• 4.9.12 – It’s cold in Minnesota, so now the state’s prosecutors can pack heat.  “Gov. Mark Dayton signed a bill into law…that will allow prosecutors to arm themselves while on duty.  The legislation was drafted after a courthouse shooting nearly killed Cook County Attorney Tim Scannell last December. Previously, a quirk in state law had prohibited prosecutors from carrying weapons while on duty even though no such restrictions were imposed on judges or public defenders.  During debate on the bill, lawmakers were assured that judges will retain the right to ban guns from courtrooms and courthouse grounds.”  (Story from the Minneapolis Star-Tribune.)

• 4.9.12 – Pro Bon-Oh, Canada.  (LOL!)  Help for pro se litigants in Ontario who wish to go to the country’s high court: “Pro Bono Law Ontario (PBLO), in partnership with the Canadian Bar Association (CBA) and the Supreme Court of Canada, launched a new pilot project today to provide free legal services to low-income self-represented Ontarians seeking leave to appeal to the Supreme Court of Canada. Initiated at the Court’s request, the project will help eligible litigants determine the merits of their leave applications and offer assistance to those found to have prospects for success. The volunteer lawyers are former law clerks at the Supreme Court.” (Here’s the full press release.)

• 4.9.12 – everything’s bigger in Texas, including the high court’s AtJ commitment.  “The Texas Supreme Court will receive a 2012 American Bar Association Grassroots Advocacy Award for leading an extraordinary effort to preserve state funding for legal aid programs and also for encouraging support for legal services in other states. The award will be presented April 18 during a reception at the United States Supreme Court.  Last year, the Texas Supreme Court played a key role in obtaining funding for Texas legal aid programs at a time when state-directed support was in serious jeopardy. The…justices lobbied extensively in support of an amendment on a general appropriations bill, which led to $17.6 million in legal services funding from the Texas state legislature.”  (Full ABA release.)

• 4.7.12 -pro bono advocates in Tennessee appear to be answering the call to help overwhelmed legal services providers.  From the Tennessean: “The state Supreme Court requires lawyers to report their pro bono service each year. In 2010, 4,400 more lawyers reported volunteering their time than the year before, a 100 percent increase, according to a commission report that is headed before the Supreme Court later this year.

• 4.7.12 – in 2003, when I was a 3L, I wrote a paper on how the mid-1990s welfare-reform policy changes were faring over time.  One of the main concerns raised by reform critics was that if the economy went south, and welfare recipients ran up against newly-imposed time limits on how long they could receive benefits, thousands of people could fall through the safety net’s holes.  Fast forward to post-recession 2012.  From the New York Times: “Perhaps no law in the past generation has drawn more praise than the drive to ‘end welfare as we know it,’ which joined the late-’90s economic boom to send caseloads plunging, employment rates rising and officials of both parties hailing the virtues of tough love.  But the distress of the last four years has added a cautionary postscript: much as overlooked critics of the restrictions once warned, a program that built its reputation when times were good offered little help when jobs disappeared. Despite the worst economy in decades, the cash welfare rolls have barely budged.”

• 4.7.12 – the Houston Chronicle highlights the work of the Human Trafficking/Immigration Clinic at the South Texas College of Law: “By 2011, the…Clinic had scored some major victories.  [Clinic director Naomi] Bang’s students had helped secure visas allowing 15 Vietnamese human trafficking victims to remain in the country. Second- and third-year law students were clamoring to get into the class, and a long waiting list developed for the 10 coveted spots.

• Writing in the April edition of the Wisconsin Lawyer, 2009 law grad and current legal services lawyer Karen Bauer reviews educational debt relief options and repayment approaches for today’s grads.

By: Steve Grumm

Happy Friday, dear readers.  It pleases me to report that the Glorious Philadelphia Phillies Baseball Franchise is undefeated this season, having shut out the Pirates of Pittsburgh yesterday.  While we’re talking baseball, I encourage you to check out the artwork of Will Johnson.  Johnson, who is steeped in baseball history, produced a series of paintings that profile some of the game’s most fascinating and impactful personalities, like this one of Cubs great Mordecai Brown.  (That’s for you, Mr. Glaves.)  Johnson is also the frontman of Centro-matic, a great rock band out of Denton, Texas.

This week in access-to-justice, pro bono, and related public interest news:

• sharing the wealth across counties to fund indigent defense in Nebraska;
• making the business case for nonlawyer professionals to provide pro bono services;
• the early end of the Cincy defender’s tenure;
• the Wash. State Bar Association’s “Moderate Means” program provides sliding-scale legal help to the (not quite) poor by partnering with the state’s 3 law schools;
• the Virginia Legal Aid Society is charting a course to maximize services with less anticipated future funding;
• how law student pro bono is done by those hippie kids in Berkeley;
• the Early Resolution Project in Alaska seeks to make the legal dimension to divorces quick, inexpensive, and as pain-free as possible;
• more nonlegal pro bono, this time focusing on the value of “secondment” projects;
• the Media Access Project will soon cease to be;
• a New Hampshire lawmaker opposes the state’s move from a voluntary to mandatory IOLTA jurisdiction.
• the Illinois AG and defender press for funding to boost attorney salaries.

The summaries:

• 4.5.12 – a Nebraska state legislator has withdrawn a bill that would have diverted funds away from indigent defense in rural counties.  (Story from the Omaha World-Herald.) 

• 4.5.12 – a Taproot Foundation blog post explores the business case for pro bono, with a focus on how pro bono provides experiential learning opportunities.  But here, we’re dealing with pro bono by nonlawyer professionals who offer free technical and strategic planning assistance to nonprofits.  Recently I’ve seen more and more coverage of “nonlegal pro bono.”  This probably speaks to 1) the increasing sophistication of the Corporate Social Responsibility (CSR) movement, and 2) the post-recession need among resource-strapped nonprofits for free professional services.   

• 4.4.12 – the rocky tenure of Cincinnati’s public defender came to an early end after a report pointed to an abrasive management style and failure to inspire trust among staff.  Full story from the Cincinnati Enquirer.

• 4.4.12 – the Washington State Bar Association’s Moderate Means “low bono” program: “Washingtonians of moderate means now have a better chance of getting legal representation when they need it.  More than 350 lawyers have volunteered to adjust their fees on a sliding scale to accommodate people who are neither rich nor poor. The attorneys are part of a partnership between the Washington State Bar Association (WSBA) and the state’s three law schools….  People are eligible for the Moderate Means Program if their household income is between 200 percent and 400 percent of the federal poverty level for their family size. That would be household incomes between $45,622 and $91,244. The bar association said that includes about 30 percent of Washington households.”  Full piece in the Seattle Times.  And here’s more from the Seattle Business Journal.

• 4.4.12 – “Because of federal budget cuts, the Virginia Legal Aid Society needs help to determine how best to use limited resources to help residents.  While more low-income residents in Danville and Southside need free civil legal services every year, Legal Aid revenues have declined by about 20 percent in the past two and a half years, said VLAS Executive Director David Neumeyer. Next year, Legal Aid faces a deficit of $500,000 for a $2.6 million budget. Without significant help, the nonprofit law firm would need to reduce staff or close an office next year, he added.”  VLAS is seeking community input as it charts a course forward.  (Story from Roanoke-based WSLS.)

• 4.4.12 – law student pro bono. The ABA Center for Pro Bono’s blog features a guest post from our friend Sue Schechter (Hi, Sue!) of Berkeley Law.  Sue reviews Berkeley’s law student pro bono program, a model that provides staff and academic support to students but that also allows much autonomy as students make their own volunteer commitments with local agencies.  This latter dimension reflects the fact that pro bono at Berkeley law has historically been a student-run initiative. 

• 4.4.12 – the Early Resolution Project set up by an Alaska judge uses pro bono attorneys to help bring about amicable – and brief – divorce resolutions.  The underlying philosophy is that the longer divorces stay in litigation, the more painful and financially draining they are likely to be for the parties.  So brief, low-stress proceedings are the ERP’s goal.  Here’s the story from Alaska Public Radio and NPR.

• 4.3.12 – more nonlegal pro bono.  Global public relations outfit Ketchum blogs about the advantages of pro bono “secondments,” through which Ketchum professionals are embedded within a nonprofit organization to provide pro bono services for a period of time.  This pro bono model is of course not new to the law firm world, but it is still interesting to see how and why pro bono work is structured in other professions.   

• 4.3.12 – “The Media Access Project announced on Tuesday that it will be shutting down its operations in May because of funding difficulties.  The public interest law firm said its board has decided to suspend operations on May 1 because of the ‘difficult funding environment facing MAP and other progressive public interest groups.’  The group was founded in 1973 and represents clients that promote the free flow of information and free speech and diversity in electronic and other forms of new media.”

• 4.3.12 – in the recession’s wake New Hampshire’s high court converted the state’s IOLTA program from voluntary to mandatory in order to boost funding for beleaguered legal services providers.  One state legislator, attorney Gregory Sorg, is proposing a bill to undo this change and return to a voluntary program.  “’I moved to New Hampshire because this was the one state left in the Northeast where a person could own his own soul’, says [Sorg]…. But to [New Hampshire Legal Assistance exec. director John Tobin,]…Sorg’s focus on the principle of the issue ignores the very real consequences.  ‘Even if we lose the funding that costs us one lawyer or one paralegal, that means that several hundred New Hampshire people will not have an advocate,’ says Tobin. ‘And that means that some of them will lose their housing, some of them won’t get health care, some of them won’t be able to escape from domestic violence’.”  Story from New Hampshire Public Radio.

• 3.30.12 – In Illinois, the AG and state public defender pressed for higher salaries during budget hearings in the state senate.  (The Chicago Daily Law Bulletin article is password-protected.)

By: Steve Grumm

Happy Friday, dear readers.  It was a pleasure to see friends and colleagues from out of town as both the Association of Pro Bono Counsel and the Pro Bono Institute held meetings in DC this week.  Especially now, in the aftermath of a recession that gutted legal services funding, and with further cuts to the Legal Services Corporation’s budget quite possible, it’s critical for access-to-justice stakeholders to find effective ways to channel law-firm and corporate resources into public interest work.   It’s fitting then that this week’s bulletin features several items related to this important task.  

• Florida’s legal services community is hoping for a $2 million appropriation from the state legislature;
• President Obama has asked the Senate to reappoint five LSC directors for new board terms;
• the intersection of pro bono and attorney professional development;
• a look at pro bono successes in my hometown, which is also home to universe’s most glorious baseball franchise, about which you will read much more next week (teaser or warning?);
• a Massachusetts legislator wants to narrow the scope of indigent defense eligibility;
• the fundraising success of D.C.’s “Raising the Bar” initiative.

This week:

• 3.28.12 – the stakes are high in Florida, where the legal services community is depending on a state government appropriation to fund their work.  Bill Abbuehl, exec. director of Community Legal Services of Mid-Florida, highlights the fact that IOLTA proceeds in the Sunshine State, which historically have been a key legal services funding stream, have plummeted by 88% in 3 years.  State legislators have appropriated $2 million for legal services, but this has to get past Gov. Rick Scott.  (Full piece in the Daytona Beach News Journal.)

• 3.28.12 – President Obama is seeking reappointment of five Legal Services Corporation board members.  Those directors are: Robert Grey, John Levi, Laurie Mikva, Martha Minow, and Gloria Valencia-Weber.  Next stop: the Senate, for confirmation. 

• 3.28.12 – the intersection of pro bono and attorney professional development inside law firms.  Pro Bono Institute president Esther Lardent looks at why and how pro bono work offers skills development opportunities for law-firm associates.  As it happens the folks I work with at NALP, who approach this from the professional development side, will be doing some work on this issue over the next few months.  I’m very much looking forward to spending time in pro bono issues again after having started my career with a pro bono clearinghouse.

• 3.27.12 – the Philadelphia-based Legal Intelligencer has run a “Pro Bono 2012” special edition.  It includes pieces on how pro bono work aid in attorney professional development and on law school pro bono.

• 3.26.12 – a Massachusetts state representative, citing budgetary concerns and questions financial eligibility screen system for clients who request indigent defense services, is advancing a bill that would limit access to those services based on the type of crime alleged and severity of possible punishment.  From Wicked Local (great name!): “To reduce spending, [Rep. David] Linsky has proposed indigent defendants charged with misdemeanors unlikely to lead to jail time shouldn’t get court-appointed lawyers.  ‘We’ve identified 41 very minor offenses that wouldn’t be eligible for court-appointed counsel. In 99 percent of the cases, they don’t lead to jail time,’ he said.” 

• 3.25.12 –3.23.12 – the Blog of the Legal Times reports on the fundraising success of the D.C. Access to Justice Commission’s new “Raising the Bar” initiative.  “Raising the Bar” encourages law firm monetary donations to legal services providers by asking them to donate certain portions of overall revenue.  Twenty-three firms’ combined donations totaled $3 million in contributions.  Here’s more about “Raising the Bar” from the AtJ Commission’s website.  

Photo Credit: ChicTraveler website

By: Steve Grumm

Happy Friday, dear readers.  The Spring Equinox has…equinoxed, and with it come Washington DC’s cherry blossoms.  The annual explosion of cherry blossoms, tulips and other cheerful-looking flora has become one of my favorite observances in almost six years of DC residency.  This year marks the 100th anniversary of the planting of two cherry trees just off the tidal basin which sits between the National  Mall and Potomac River.  As for the public interest funding news… 

This week:

• private seed funding for a new diversionary program serving at-risk offenders in Philly;
• a group antagonistic towards LSC enters the appropriations debate;
• Florida’s family lawyers fork over $ to support legal services for children;
• indigent defense funding in Maine needs a boost;
• some judges in Houston aren’t referring cases to the newly created PDs office;
• fiscal woes for Pelican State public defense offices;
• LSC president talks about funding, using technology, and his career path while speaking in NY;
• the DC Bar Foundation awarding over $3 million in grants to local providers;
• the importance of boosting state funding for legal services in Florida;
• a new federal defender’s office in the W. District of Arkansas will open….whenever it gets funding;
• UVA law students volunteered about 10,000 hours over the recent winter break.

Here are the summaries:

• 3.22.12 – a public-private partnership including the Philadelphia DA’s office, the local defender’s office, and two charitable foundations has launched “The Choice is Yours,” a diversionary program that will offer education and other supports for at-risk offenders to help them avoid future criminal activity and offer opportunities to better their education and income prospects.  No tax dollars are used to fund the program.  The story notes that participants in a similar program in San Francisco have a recidivism rate of 10%, compared with a 54% recidivism rate for other offenders.  (Story from the Philadelphia Inquirer.) 

• 3.22.12 – the National Legal & Policy Center, a small-government-minded watchdog group which has long been critical of the Legal Services Corporation, has entered into the LSC appropriations fray with “What the Legal Services Corporation Doesn’t Want Congress to Know.” 

• 3.21.12 – the Florida Bar’s family section donated $75,000 to support legal aid for Children in the Sunshine State.  (Story from the Sunshine State News.) Between IOLTA revenue shortfalls and other funding cuts, Florida’s legal services programs have been among the hardest hit in the Great Recession’s aftermath.

• 3.20.12 – from the Maine Public Broadcasting Network: “The state commission that provides legal services to the poor may run out of money for court-appointed lawyers six weeks before the fiscal year ends June 30. The latest projected budget shortfall for the Maine Commission on Indigent Legal Services may delay payments to the lawyers who represent low-income clients.  The commission requested $1 million in the state’s supplemental budget, an amount that was reduced to $400,000 in the budget proposed by Gov. Paul LePage.”

• 3.20.12 – Houston launched a public defender’s office for the first time in 2011, but some local judges are still referring cases through the old appointed counsel system rather than using the defender.  Is this force of habit?  A form of protest at the decision to move away from the appointed counsel system?  Are politics involved?  It is alleged that the local Republican Party sent a letter to judges urging them not to use the defender’s office.  (Story from Fox 26.)

• 3.19.12 – in Louisiana, the Daily Iberian looks at fiscal woes of Pelican State public defenders’ offices.  

• 3.19.12 – while in Rochester, NY, Legal Services Corporation president Jim Sandman praised New York’s Chief Judge’s efforts to promote access to justice, looked at the state of legal services funding generally, highlighted the effective use of technology in serving clients, and talked about his motivation for leaving law-firm practice for the “best job in American law.”  (Story from the Daily Record.) 

• 3.19.12 – some good AtJ news on the local front.  The DC Bar Foundation is awarding over $3 million in grants to local service providers, according to the Blog of the Legal Times.  This amount is slightly up from last year’s awards.  The Bar Foundation administers funds appropriated by the DC city council, runs the District’s IOLTA funding program, and conducts other fundraising initiatives to raise money for the legal services community. 

• 3.19.12 – an editorial in the Lakeland Ledger urges Florida Gov. Rick Scott to include civil legal aid funding the in the forthcoming budget.  

• 3.18.12 – the go-ahead’s been given to open a new federal defender’s office that would operate in the Western District of Arkansas.  But this development has to wait for funding to materialize.  From the AP: “Available funding from the government will determine when the federal court system’s western Arkansas district can establish its own federal public defender office.  The 8th U.S. Circuit Court of Appeals in August approved a request from then-Chief Judge Jimm Larry Hendren that the Western District be allowed to open such an office.”  

• 3.17.12 – UVA Law students did some serious volunteering between semesters.  From the Daily Progress: “Students at the University of Virginia School of Law volunteered a record number of hours of pro bono work over winter recess. More than 200 students donated their time and legal services, logging about 10,000 hours in less than a month.” 

By: Steve Grumm

Happy Friday, dear readers.  Here in DC, presidential politics is all the buzz.  Earlier this week erstwhile Pennsylvania senator and sweater-vest supermodel Rick Santorum achieved impressive primary wins in Alabama and Mississippi.   Years ago a political guru famously quipped that Pennsylvania is Philly and Pittsburgh with a whole lot of Alabama in the middle.  Maybe this explains Mr. Santorum’s ability to connect with Southern voters.  Meanwhile Mitt Romney racks up delegates and the show goes on.

What else have we got?  Here’s an interesting piece of Pew research about how Millennials could be impacted by growing up “wired,” with near-instant access to all kinds of information.  I’m a Gen Xer, so while I’m vaguely inclined to write something about Millennials being impatient, I’m just too apathetic to get into it this morning.  I’d rather listen to some Liz Phair and be sullen.

Here is the week’s news:

• LSC has a new chief lobbyist;
• PBI says low bono ain’t pro bono;
• NYC’s plan for changes in indigent defense case assignment gets a court’s okay, but still controversial w/in the bar;
• An AmeriCorps VISTA writes about his work on Statesidelegal.org, an online resource for vets with legal needs;
• the Maine governor’s budget proposal includes a boost for legal services funding;
• Washington State’s high court will weigh in on indigent defense caseload woes;
• a new chief defender nominated in the Ocean State;
• the growing docket of the “Amvets” legal clinic run out of Chapman Law School;
• federal courts are busier, but also prepping for less funding;
• legal services layoffs in Kentucky;
• also on Cape Cod;
• where does one go for a pair of jeans, lingerie, and a foreclosure defense?;
• the Legal Aid Society of Cleveland is staring at a $1.4million budget cut;
• show me a rise in pro se litigation;
• NY State sweetens the CLE pot for pro bono attorneys.

The summaries:

• 3.15.12 – from an LSC press release: “The Legal Services Corporation (LSC) announced today the appointment of Carol A. Bergman as Director of Government Relations and Public Affairs.  Beginning on March 19, Ms. Bergman will oversee LSC’s relationships with Congress, the Government Accountability Office and other government agencies.”  During her career Ms. Bergman has logged time on the Hill, in the White House, and in the nonprofit lobbying arena.  I suspect she will call upon all of that experience when the thorny business of FY13 budget wrangling gets underway.

• 3.15.12 – Pro Bono Institute prez Esther Lardent on why so-called “low bono” – or reduced-fee – legal services should not count as pro bono.  Lardent, while lauding the value of low bono as a way to deliver services to those who otherwise could not afford representation, writes: “Although [low bono services] are tools that help broaden access [to the justice system], they are primarily designed to broaden the market for legal services.”

• 3.15.12 – From Thomson Reuters: “New York City’s plan to shift tens of thousands of cases involving indigent defendants from private lawyers to the Legal Aid Society and other legal aid groups can go forward, a divided appeals court ruled Thursday. The disputed plan, which had been stayed pending the appeal, would only affect cases in which the initial legal aid group assigned to a case cannot provide representation due to a conflict. Five city bar associations had argued that the city’s proposal required their consent under the statute that governs the assignment of indigent defense cases, Article 18-B of the County Law. But in a 3-2 decision, the Appellate Division, First Department, said the plan was valid under 18-B and did not “improperly usurp the role of the County Bars.”

• 3.15.12 – writing in the Bangor Daily News, AmeriCorps VISTA member Peter MacArthur explains his work on a legal services project for vets: “I have worked as an AmeriCorps VISTA at Pine Tree Legal Assistance on its veteran and service member specific website www.statesidelegal.org since November…. With the vital help of many other individuals and organizations, Pine Tree Legal developed the Stateside Legal website as a clearinghouse of information on various legal needs, especially for low-income members of the military, veterans and their families. The website includes both original content on legal problems (such as foreclosure, divorce and service member Civil Relief Act issues) and links to quality legal content on other sites.”

• 3.14.12 – speaking of our country’s ruggedly beautiful northeastern corner, a budget proposal from Maine governor Paul LePage would boost state funding of legal services by $400K.  (Story from the Morning Sentinel.)

• 3.13.12 – in Washington State, the high court will weigh in on whether justice demands the imposition of public defender caseload limits.  Here’s the story from KEPR.

• 3.13.12 – Rhode Island looks to be getting a new chief public defender.  From the Providence Journal: “Governor Chafee on Wednesday named Mary S. McElroy as the state’s new public defender…. McElroy comes to the office from the federal public defender’s office…. McElroy will oversee an office of 93 staff, about 40 of whom are lawyers, that provides legal representation free of cost for Rhode Islanders who cannot afford a lawyer. McElroy’s appointment will need state senate approval.  If confirmed, the governor’s office said, McElroy would be the first woman to hold the position since it was established in 1941.”

• 3.13.12 – the growing docket of the “Amvets” legal clinic run out of Chapman Law School.  The clinic, which began helping vets with problems around housing, benefits, and other economic security needs, is now involved in a case about the employment termination of over 100 Air Force officers in what the clinic argues was a budget-cutting move that will strip the officers of their retirement benefits.  Here’s a press release with more information.  

• 3.13.12 – the federal courts are sorting out how to deal with increased caseloads in a time of budget austerity.  From the National Law Journal:  “The policy-making arm of the federal judiciary on March 13 discussed steps to reduce costs as workload increases and congressional budget cuts loom. The federal judiciary’s budget this year was funded at the same level as last fiscal year even as case filings increased, the Administrative Office of the U.S. Courts said.”

• 3.12.12 – “Legal Aid of the Bluegrass has eliminated nine positions to make up for an unexpected cut in federal funding…. By year’s end, Kentucky’s four independent legal aid societies estimate they will have reduced their combined staffs by 40 positions, or 18.6 percent, since 2010…. Before the most recent cuts, Legal Aid of the Bluegrass was already turning away 7,062 people who requested help and were eligible in terms of income.”  (Story from Cincinnati.com.)

• 3.12.12 – “The same recession that caused many low-income and elderly persons to seek free legal help with their worsening problems is undermining the very agency that is supposed to be there to help them. South Coastal Counties Legal Services Inc., or SCCLS, which once had offices throughout Southeastern Massachusetts and Cape Cod, has been forced to lay off 10 attorneys, secretaries and paralegals and close three offices, including the one in New Bedford, Executive Director Richard McMahon told The Standard-Times.”  (Here’s the full Standard-Times story.)

• 3.12.12 – much has been made of the paucity of affordable legal services for those of moderate means.  In response, and in the wake of an unprecedented foreclosure crisis, one Florida attorney provides low- and reduced-fee services from a booth in a shopping mall.  From Huffington Post: “In November, [Melva] Rozier founded a new type of law firm — or rather, a law store — inside the Boynton Beach Mall near West Palm Beach, Fla. The Law Booth counsels walk-in clients on divorce, foreclosure and other legal topics at discounted rates from a kiosk planted between American Eagle Outfitters and Victoria’s Secret shops.”

• 3.11.12 – the Legal Aid Society of Cleveland has fought hard in the recession’s wake to serve increasing numbers of clients, but the inevitable has caught up.  From the Cleveland Plain Dealer: “The Legal Aid Society of Cleveland, which until now has weathered the economic downturn by tapping reserves, must cut $1.4 million from its budget in the coming year — at a time when poor clients are in greatest need of legal assistance.”
  • More recently this week a Plain Dealer editorial called on the local community to support the Legal Aid Society: “It falls upon the private sector to step up. Leaders in the local corporate community should consider giving preference to firms whose lawyers volunteer their time and effort to Legal Aid. Voters should contact their congressional representatives to demand restoration of funding for the Legal Services Corp…. The local United Way, which helps to support several Legal Aid programs, also ought to consider increasing its contribution.”

• 3.11.12 – a piece in the Missourian looks at the trend of increased pro se litigation – which has seen litigants initiating their own lawsuits in addition to representing themselves in defensive postures – and the legal industry’s response to it.  The piece highlights the challenges faced by pro se litigants and court systems as they adjust to litigation driven by non-attorneys.

• 3.9.12 – New York State is sweetening the CLE pot for lawyers who do pro bono work.  From the New York Law Journal: “Experienced lawyers now can earn more than 40 percent of the continuing legal education credits they must complete every two years by providing pro bono services to low-income New Yorkers. The four presiding justices of the Appellate Division departments recently voted to increase to 10 from six the credits for uncompensated work in family and other civil courts that lawyers with more than two years of experience can apply to their 24-hour CLE requirement.”