September 29, 2010 at 7:00 pm
· Filed under Career Resources, Public Interest Jobs, The Legal Industry and Economy
Andrew Ardinger was one of many law school Class-of-2009 grads whose career path took an interesting turn when the law firm he was bound for – in his case, Orrick – deferred his start date. Ardinger made great use of his time, spending the past 12 months with the Public Interest Law Project in Oakland. Periodically during this past year, Ardinger contributed short update pieces to the American Lawyer, offering a check-in about his public-service experience. As he is preparing to return to BigLaw world, Ardinger penned a final piece looking back upon his time with PILP.
Now that I’m in the waning days of this fellowship, and I start to reflect on it, I keep coming back to the same thought: It’s been a great experience for me on a number of levels.
…
On a professional development level…this experience has been outstanding. As I have noted before, there are only six attorneys in the office, and one legal assistant. It was a very warm, genial work environment, and the two attorneys with whom I worked most closely were, from the first day, obviously committed to mentoring me and helping me develop as an attorney.
The PSLawNet Blog has been closely following the phenomenon of deferred associates taking temporary, public-service placements. It’s a classic “on one hand, on the other” scenario. So…on one hand, the public interest lawyer who lives inside of us finds these developments to be very beneficial, for at least a couple of reasons:
- The main reason is this: the concern ultimately has to be for the clients. Nonprofit law offices were hit hard by the recession. This caused tremendous difficulties for the staff, and for law students who were seeking to begin their career in this arena (we’ll get back to this in a moment). But it’s the low- and middle-income client communities that were hit hardest. And the reduced service capacity which the recession caused in many public interest shops meant that fewer clients could be served even as their numbers were increasing. Deferred associates were able to shore up – and in some cases, expand – service capacity. That’ s huge, and it came at a critical moment.
- Also, the public interest community benefits by forging strong relationships with the private bar. Quite aside from pro bono work, money flows from the private bar to the public interest bar. And in myriad other ways, law firms leverage their resources to support public interest work. So if dozens, or maybe even hundreds, of today’s deferred associates have positive experiences during their public service placements, they may become tomorrow’s pro bono advocates, board members, and financial supporters. That’s a win-win.
But there is “on the other hand,” too. PSLawNet’s mission is to support public-service minded law students and attorneys in achieving their professionals goals. And it has been undoubtedly frustrating for many students and grads who want to commit their careers to public interest work to see the desks at public interest offices temporarily occupied by deferred associates who were there until business picked up at the firm. To boot, many of the associates were living on firm-provided stipends which comfortably outpaced public interest salaries. It is very difficult to measure how much of a “displacement effect” was caused by the deferred associate phenomenon, because frankly very few public interest organizations were in strong enough financial positions to hire new attorneys anyway (at least back in the throes of the recession). Nevertheless, it was a daunting obstacle for those students who wanted to earn to a low salary in order to fight for those on society’s margins.
We suspect that as the legal economy emerges from the recession, it’ll make something of a return to the pre-recession “normal.” Law firms will adjust staffing models to match business needs. Public interest funding will stabilize gradually. Now, there is discussion these days about whether a longer-term service model might emerge from the deferral model – something akin to the “loaned associate” programs that presently exist between law firms and public interest organizations. Nevertheless, the prospects of those on public interest career paths feeling crowded out by their law-firm bound peers are diminishing.
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September 29, 2010 at 10:02 am
· Filed under News and Developments
Attorney General Eric Holder penned an op-ed in yesterday’s Washington Post, urging the Senate to avoid stalling on votes for nominees to the federal bench. He recounts the story of a 6th Circuit Court of Appeals nominee whose Senate vote was held up for nearly 300 days despite her having the support of both home-state senators and the Senate Juciciary Committee. When the vote finally did take place, the nomination breezed through.
Further, according to Holder:
Today, 23 judicial nominees — honest and qualified men and women eager to serve the cause of justice — are enduring long delays while awaiting up-or-down votes, even though 16 of them received unanimous bipartisan approval in the Judiciary Committee. The confirmation process is so twisted in knots that we are losing ground — there are more vacancies today than when President Obama took office. The men and women whose confirmations have been delayed have received high marks from the nonpartisan American Bar Association, have the support of their home-state senators (including Republicans), and have received little or no opposition in committee.
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Last year, 259,000 civil cases and 75,000 criminal cases were filed in the federal courts, enough to tax the abilities of the judiciary even when it is fully staffed. But today there are 103 judicial vacancies — nearly one in eight seats on the bench. Men and women who need their day in court must stand in longer and longer lines.
The problem is about to get worse. Because of projected retirements and other demographic changes, the number of annual new vacancies in the next decade will be 33 percent greater than in the past three decades. If the historic pace of Senate confirmations continues, one third of the federal judiciary will be vacant by 2020. If we stay on the pace that the Senate has set in the past two years — the slowest pace of confirmations in history — fully half the federal judiciary will be vacant by 2020.
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September 24, 2010 at 5:00 pm
· Filed under News and Developments
Federal judges have found 201 cases of DOJ proscecutors violating the law and/or ethics rules between 1998-2010. USA Today’s foray into prosecutor misconduct reveals that “the abuses have put innocent people in prison, set guilty people free and cost tax payers millions of dollars in legal fees and sanctions.”
With help from legal experts and former prosecutors, USA TODAY spent six months examining federal prosecutors’ work, reviewing legal databases, department records and tens of thousands of pages of court filings. Although the true extent of misconduct by prosecutors will likely never be known, the assessment is the most complete yet of the scope and impact of those violations.
Although acknowledging that the instances of misconduct or negligence are not broadly representative of the federal prosecution community, the story paints a picture of increasingly faltering work from prosecutors who are either overworked, under-supervised, or willing to break the rules in order to win.
Records from the Justice Department’s internal ethics watchdogs show the agency has investigated a growing number of complaints by judges about misconduct they observed. In 2001, the department investigated 42 such complaints; last year, 61.
The department will not reveal how many of those prosecutors were punished because, it said, doing so would violate their privacy rights. USA TODAY, drawing on state bar records, identified only one federal prosecutor who was barred even temporarily from practicing law for misconduct during the past 12 years.
Keep reading . . .
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September 24, 2010 at 8:29 am
· Filed under Events and Announcements, Legal Education, News and Developments, Public Interest Jobs, The Legal Industry and Economy
This week: cold, hard cash for debt-laden prosecutors and public defenders; USA Today smacks down US Attorneys; legal services funding needed in the Lonestar State; four years in jail without a trial because the state can’t fund a public defense; LSC’s doing some financial oversight; law students aiding servicemembers who are about to be deployed (well done!); mandatory pro bono for Mississippi lawyers(?); legal services funding found for the Lonestar State (good timing!); national poverty data are out, and opponents of poverty are not going to like the news; the strain on legal services in Tennessee; LSC’s looking for a president; do prosecutors wield too much power at the expense of judges?
- 9.23.10 – the Blog of the Legal Times reports that long overdue funds from the John R. Justice Act, a loan repayment program for prosecutors and public defenders authorized in 2008, will finally begin flowing to beneficiaries throughout the nation.
- 9.22.10 – USA Today has run an analysis piece – yes, its’ a USA Today story longer than two paragraphs! – on the state of ethics among federal prosecutors nationally, concluding that “prosecutors repeatedly have violated that duty in courtrooms across the nation. The abuses have put innocent people in prison, set guilty people free and cost taxpayers millions of dollars in legal fees and sanctions.” Although acknowledging that the instances of misconduct or negligence are not broadly representative of the federal prosecution community, the story paints a picture of increasingly faltering work from prosecutors who are either overworked, under-supervised, or willing to break the rules in order to win. (Also, Main Justice, an independent news organization which covers all things related to the Justice Department, picked up on the USA Today report.)
- 9.22.10 – in the Cherokeean Herald of Texas, state supreme court justice Nathan L. Hecht reviews the recession’s impact on low-income Texans, highlights the dramatic declines civil legal services funding that limit providers’ ability to serve a swelling client base, and calls on the state legislature to once again appropriate funding in support of legal services.
- 9.21.10 – the Southern Center for Human Rights has run a piece by E. Wycliffe Orr, an attorney and former elected official in Georgia, about the alarmingly protracted murder prosecution of Jamie Ryan Weis in the Peach State. Weis, who qualifies for indigent defense, has been incarcerated in a county jail for four years, largely on account of funding shortages that have prevented counsel from staying on to handle the complex case in its entirety. He has attempted suicide three times while in jail. After a great deal of litigation on the state level, Weis has appealed to the U.S. Supreme Court, asking it to, in Orr’s words, “decide whether poor people accused of crimes have a right to continued representation once their lawyers are thoroughly familiar with their cases and attorney-client relationships of trust and confidence have been established. He also asked the Court to decide whether the State could pursue the death penalty even if it was unwilling to provide legal representation for the person whose life it seeks to extinguish.” Orr has joined with other practitioners to file an amicus brief in support of Weis’s position. The PSLawNet blog shed light on the Weis case in a post last May, and we followed up with more coverage in July (see item 4).
- 9.19.10 – Mississippi’s Clarion Ledger reports on a proposal being considered by the state’s high court “that would require lawyers to provide at least 20 hours of free service to the poor each year.” There is debate within both the Mississippi bar and the legal blogosphere (see this Wall Street Journal Law Blog post) about whether or not traditional volunteer service can/should be made compulsory. This question stems from the release of a report, The Unmet Civil Needs of Low-Income Mississippians, by the Mississippi Access to Justice Commission. The report outlined “difficulties people encounter in gaining access to civil legal representation…. Between a third and half of those who apply for legal aid are turned away…. About 550,000 poor people are eligible for services, and about 30 legal services attorneys are available in Mississippi.” The mandatory pro bono requirement doesn’t appear to be a specific recommendation made in the report, but rather one among many options the Supreme Court is considering to narrow the justice gap. Here’s a Clarion Ledger article on the report’s release.
- 9.16.10 – the Washington Post covers the release of census data showing that, in 2009, “the ranks of the American poor soared to their highest level in half a century and millions more are barely avoiding falling below the poverty line.” One in seven people “lived last year in homes in which the income was below the poverty level, which is about $22,000 for a family of four.” The article goes on to cover the political back-and-forth about government’s role and effectiveness in fighting poverty during a recession. (Nothing like think-tank quotes to put things into perspective!). Also see the PSLawNet Blog’s coverage of the new poverty data, with links to other news outlets. Finally, the Legal Services Corporation issued a press release to put the data into context regarding civil legal services: “Nearly 57 million Americans now qualify for civil legal assistance from the Legal Services Corporation, an increase of 3 million from 2008, and the highest number of people eligible for legal aid in our country in the Corporation’s 35-year history. Of the 57 million, 19.6 million were children, the Census Bureau said.” LSC will be lobbying Congress and entreating the private sector to provide funding and pro bono support.
- 9.15.10 – the Chattanooga Times Free Press runs a thorough story illustrating the strains on Tennessee’s civil legal services system as the number of potential clients increases but funding does not. “It’s a dilemma that led the Tennessee Supreme Court to announce in late 2008 that fixing the state’s legal aid crisis would become its No. 1 strategic priority. The goal is the same in 2010, with the court recently declaring the lack of access to legal help ‘one of the most pressing issues’ facing Tennessee’s court system.” The problem boils down to simple numbers; because of funding shortages there are not the means to hire the lawyers necessary to serve all potential clients who face dire legal problems. “There are only 81 legal aid lawyers who work full time in one of Tennessee’s five legal aid centers. Twenty-seven work for Legal Aid of East Tennessee, serving a client base of 300,000 out of the approximately 1 million residents statewide whose low incomes qualify them for free legal help. It means the state’s full-time legal aid lawyers every year wind up accepting only one in five cases brought by people seeking their services, a Tennessee Supreme Court study found.”
- 9.13.10 – the Blog of the Legal Times reports that the Legal Services Corporation’s search for a new president continues. According to John Levi, the LSC board chair, “‘We’re looking for a lawyer who has first-rate management skills. But we’re also looking for someone who understands the needs that are out there and isn’t afraid of them,’ Levi said. ‘We view this is a great opportunity for the LSC.’ Levi said that the LSC search committee will likely draw about eight or 12 candidates from the pool of applicants and select the next president from there. He said he and the other board members would like to see a president in place by the beginning of next year.”
- 9.10.10 – in an Anchorage Daily News opinion piece, former Alaska attorney general John Havelock notes that prosecutors, who shoulder enormous responsibilities in the operation of the justice system, also have extraordinary power that can be dangerous to the system if it is unchecked. Havelock supports political appointments of prosecutors rather than elections because “campaign contributions lay a hand on the scale of justice.” He also supports “enhancing the discretionary power of the judiciary” so that prosecutors do not wield so much influence in all facets of criminal proceedings, from charging decisions through sentencing.
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September 21, 2010 at 9:14 am
· Filed under Legal Education, News and Developments
“What?” is what you’re asking. We couldn’t think of a pithy blog title so we went with alluringly vague.
Penn State Law School is rolling out a TV series that will feature legal luminaries and human rights experts staging mock trials to introduce all kinds of audiences – from high-school students to practitioners – to some of the thornier human rights issues being debated today.
From the Centre Daily Times of central Pennsylvania:
Penn State Law School created the series in partnership with the School of International Affairs and Penn State Public Broadcasting. The goal is to stage mock trials that examine complex international human rights issues. The episodes will be broadcast by WPSU and available to schools around the world to use in their classes.
Penn State law faculty member Randall Robinson, creator of the show, said he thought it would be a good way to use compelling television to bring complex issues that aren’t closely followed by the general public to the public.
The idea is to present the program to juries around the world and promote discussions about the cases and the verdicts. Background information will be available on the Web, and plans are being developed to add educational material to the web-site that could be used in high school and college classes.
The pilot episode of “World on Trial” features Cherie Booth Blair (wife of former British Prime Minister Tony “Mr. T” Blair, and a renowned lawyer in her own right) as a judge, and Harvard Law Professor Charles Ogletree. The trial focuses on whether a French ban on head scarves in public schools interferes with rights to free expression.
This sounds like a terrific idea to us, particularly if Penn State is able to develop supplementary educational resources that would aid younger students in following the issues at trial.
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September 20, 2010 at 9:35 am
· Filed under Events and Announcements, News and Developments
Last week the Texas Access to Justice Foundation, along with five legal services organizations that do disabilities rights advocacy, received a record $2.6 million in cy pres funds left over from a class action in the Lonestar
State. The class action suit itself was a disabilities rights case; plaintiffs argued that a requirement that disabled Texans pay for their own blue disability parking cards – the kinds that are displayed by drivers when they park – violated the Americans with Disabilities Act.
Even better news for disabilities rights advocates is that the $2.6 million flowing into the legal services community is only a fraction of a larger $9 million+, the balance of which will go to other nonprofits serving those with disabilities. Here’s a press release from the Texas Access to Justice Foundation, and here’s coverage in the San Antonio Business Journal.
For those law students wondering about how much cy pres awards help the civil legal services community, the answer is that they can be tremendous boons in terms of allowing organizations to shore up or to expand their services – which may include hiring new lawyers (hint, hint). On the other hand, cy pres awards are unpredictable, and thus can not be relied upon as consistent revenue streams. We’ve covered some past instances of cy pres awards benefiting legal services providers, including this recent development in Maryland, and a cy pres award in California.
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September 17, 2010 at 4:46 pm
· Filed under News and Developments
One in seven Americans (or approximately 44 million of your fellow U.S. citizens) are living below the poverty line, according to the U.S. Census Bureau’s recently released report on Income, Poverty, and Health Insurance Coverage in the United States. What is the historical significance of this statistic? . . . In 2009, there were more Americans living in poverty than in any year since 1959, the first year poverty estimates were available. 
Last year, the family poverty rate was 11.8% and the number of families in poverty was 8.8 million – this was an increase from 10.3% and 8.1 million, respectively, in 2008. This increase in the poverty rate was seen across all types of families (married-couple, female-householder-with-no-husband-present, and male-householder-no-wife-present). The growth in the number of children living in poverty is especially troubling: 15.5 million children were living below the poverty line in 2009, compared to 14.1 million in the 2008.
Poverty advocates believe that federal stimulus efforts that targeted low-income earners and the extension of unemployment benefits prevented what could have been an even greater increase in the poverty rate.
For additional reactions to the Census report check out The Washington Post’s article, National Public Radio’s coverage, and a Huffington Post article by Maria Foscarinis, the Executive Director and Founder of the National Law Center on Homelessness and Poverty.
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September 13, 2010 at 4:00 pm
· Filed under Uncategorized
The 2011 Equal Justice Conference, cosponsored by the National Legal Aid & Defender Association and the ABA, will take place in San Francisco from May 19-21. The conference is attended by attorneys and other advocates in the legal services community, the pro bono community, as well as those from law schools and the bench.
The conference planners have issued a request for program proposals. Here are the guidelines and procedures for submitting a proposal, and here is the online proposal submission form. The proposal deadline is October 8, 2010.
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September 13, 2010 at 9:21 am
· Filed under Career Resources, Public Interest Jobs
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September 10, 2010 at 9:05 am
· Filed under Legal Education, News and Developments, Public Interest Jobs, The Legal Industry and Economy
There was no Public Interest News Bulletin last Friday. This is because the PSLawNet Blog observed the Labor Day long weekend by doing less labor. But the Bulletin returns today with a special Interrogatory Edition.
This week: Why is it bad to be mean to opposing counsel?; Volunteer State pro bono – redundant?; legal services – to bundle or not to bundle?; do you know what an MLP is?; how do resource-strapped courts observe speedy-trial guarantees?; law students can’t pretend to be attorneys, but can they collect attorney’s fees?; how cold is stealing money from a legal services provider?; how cool an acronym is LOLLAF?; where’s the best place to work in Uncle Sam’s bureaucracy?; how much poverty has the recession created?; are those pesky law school professors messing up
legal education?; and finally, what’s shakin’ over at the ABA Division for Legal Services?
- 9.8.10 – according to the Atlanta Journal Constitution, Cobb County is expanding attorney practice rules that permit limited scope representation, or “unbundled legal services,” so that more moderate-income individuals can afford the services of a lawyer for discrete undertakings – like a consultation or document preparation – when they could not afford the fees that would be charged for full-scope representation on a legal matter(s). The article touches upon the fact that the recession has brought the debate about limited scope representation to the front burner because many more people find themselves with legal problems but without sufficient funds to pay for an attorney. And outside of Georgia, “[t]he practice is popular in California, where there are continuing legal education courses for lawyers on the topic. In Massachusetts, the state’s highest court last year expanded a trial program for limited scope representation to the entire state court system.” The PSLawNet Blog has covered news on the limited-scope representation debate in other jurisdictions, like Arizona (item 5) and Michigan (item 7), and here’s a New York Times op-ed from the chief justices of California and New Hampshire arguing that states should consider limited-scope representation as one means to increase access to justice.
- 9.5.10 – Congestion in the courts! The Press-Enterprise reports on a case in front of the California Supreme Court – People v. Engram – stemming from resource shortfalls and case backlogs in Riverside County trial courts – problems that exist in many other California counties as well. The case could have an impact on “how courts statewide handle criminal cases on the verge of dismissal because of constitutional speedy-trial deadlines.” After a long, winding adjudicatory path that included a conviction on a felony charge, a reversal, a retrial, a mistrial, and a stream of continuances on a third trial, a court ultimately dismissed the people’s case against Engram because it has reached a time deadline intended to guarantee a defendant’s speedy-trial right. As it turns out, Riverside County has streamlined its docket system since the troubles at the center of this case took place. As noted though, the underlying issue in the case could affect courts elsewhere in the state which are grappling with similar problems.
- 9.4.10 – the Palm Beach Post reports that, “In Florida, 12 men have been freed from prison since 2000 after DNA evidence proved their innocence, some after serving time on Death Row. Now the Florida Supreme Court has ruled a legal system that allows such miscarriages of justice needs to be fixed. It has created the Florida Innocence Commission to learn what goes wrong and to propose reforms. Florida becomes the 10th state to study the causes of wrongful convictions.” The commission is being funded with an appropriation from the state legislature and a grant from the Florida Bar Foundation. The commission “will not hear individual please from those who say they have been wrongly imprisoned,” but rather will explore the systemic causes of wrongful convictions. That work is already underway, and according to the story, “Mistaken eyewitness identification is far and away the leading cause…” of wrongful convictions.
- 9.2.10 – from the National Law Journal, we learn that Washington D.C.’s highest (local) court delivered a favorable ruling regarding attorney’s fee awards for law school clinical programs last week. Regarding an administrative matter in which two law students represented an individual whose disability benefits were terminated, the “…D.C. Court of Appeals ruled…that the Public Justice Advocacy Clinic [at George Washington University’s law school] was entitled to legal fees under a District of Columbia law pertaining to government worker disability cases. The court…found that the students’ work, supervised by George Washington clinical professor Jeffrey Gutman, did not amount to lay representation, which would have precluded recovery. The clinic sought about $6,400 in fees.” The question in the case turned on whether a particular statute governing attorneys fees could apply to the work done by law students, who are by definition not attorneys. “Because the students had worked closely with Gutman, a licensed attorney, the court found that awarding the fees was warranted.” This decision is narrow because it deals with a particular statute, but this story makes the PSLawNet Blog wonder about case law in other jurisdictions on the question of law school clinic programs receiving attorney’s fees for cases handled by students. If you have any insight on this topic, please offer it in the Comments section below.












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