Lawyers lauded for helping the poor
A hearty congratulations to Coeur d’Alene lawyers Howard Funke and David Robinson, co-recipients of the Idaho State Bar’s Pro Bono Award. Among 750 attorneys who reported 14,000 hours of free legal work for Idaho’s poor, these two stood out, donating “extraordinary time and effort to help those most in need of legal services, but unable to pay,” according to the Bar’s Nov. 9 press release.
As Supreme Court Justice Sonia Sotomayor said, “We educated, privileged lawyers have a professional and moral duty to represent the underrepresented in our society, to ensure that justice exists for all — both legal and economic justice.”
State bar association rules set minimum pro bono (Latin, “for public good”) service standards. In Idaho, that standard is 50 hours per year, free or at substantially reduced cost. Drafting a will for comfortable Aunt Sally doesn’t count; Idaho Rule of Professional Conduct 6.1 specifies that the recipient should be “of limited means,” or a charitable organization (e.g., homeless or abuse shelters, food bank, schools, civic, civil rights, or government entities) “designed to address the needs” of those with limited means. The rule adds that time isn’t enough; lawyers should donate money to legal aid organizations.
So do they? Far more than the 20 percent of active Idaho attorneys who reported it do. States vary in how pro bono obligations are measured; in Idaho, reporting is not mandatory. While living both in Texas and here, I regularly encountered more unreported, unofficial volunteering “behind the scenes.”
That’s not only because lawyers volunteer, but forget, don’t bother, or feel too humble to report, not realizing how pro bono statistics impact a culture of service. Nor is it simply because lawyers report being so inundated with requests for pro bono work, it’s hard to keep up.
Donated time isn’t necessarily planned. Clients who clearly can’t pay may materialize not initially, but part way through a case despite first committing to payment, and their attorneys don’t “drop” them, even though they could. It’s much more difficult this way.
Perhaps they could sever representation, but they don’t, because they’ve learned this client is in dire economic straits. So they continue and volunteer. We’re not talking merely about uncollected fees; intent is key. This sort of unofficial volunteering is generally underappreciated, but giving is not about expectation of return. Why does this happen — are folks trying to be deceitful? Sometimes, but it’s also hard for some people to admit to others that they are poor.
Shame and poverty are old friends.
Pro bono work is better reported and supported (mentoring, insurance coverage, and practice resources) through planned volunteering. Organizations such as the Idaho Volunteer Lawyers Program and Legal Aid provide such support, as well as income-vetted referrals. They also recommend attorneys consider adopting a policy of “I only do pro bono work through IVLP” to better avoid that behind-the-scenes scenario. Robinson’s award is based on a time-intensive case in one of the categories offered through these programs — child custody. Other areas include family law, elder law, immigration, certain debts, eviction and foreclosure. Some attorneys worry they don’t have time to take on yet another case start-to-finish; limited appearance opportunities are also available. Legislative lobbying and unpaid legal training also qualify as pro bono service.
“A culture of pro bono service” is what this district’s other winner, Howard Funke, created in his firm; it’s also the Idaho Pro Bono Commission’s goal. The Commission was created in 2008 as part of a national “renaissance in pro bono service” meant to increase organized, supported, free and low-cost legal aid to the poor by judges, clerks, and attorneys both public and private.
For more information on these programs, see Isb.idaho.gov/ilf.
Sholeh Patrick, J.D., is a columnist for the Hagadone News Network. Contact her at Sholeh@cdapress.com.