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"Celebrating
15 Years of Service to the
Maryland supports a wide range of opportunities for attorneys interested in providing free civil legal services to those in need. The majority of opportunities involve direct representation of income-eligible clients. Some programs specialize in addressing the needs of a particular clientele (e.g. the homeless, those with disabilities or people living with HIV/AIDS) while others offer basic services for a particular jurisdiction (e.g. local bar-affiliated pro bono referral programs). In addition to direct client representation, several programs offer less traditional options for volunteer involvement. The Pro Bono Resource Center of Maryland, Inc. (PBRC) is encouraging programs to develop alternative types of legal assistance, particularly for non-litigators. Outlined below is an overview of the types of opportunities available for volunteer lawyers. This list is not exhaustive. It also does not necessarily reflect the amount of service currently being provided through these other mechanisms. It should be clear that not all of these options exist across the state but that there is significant potential to expand and replicate these activities. There are also a number of options utilized in other states that Maryland programs could explore in addition to expanding or building upon existing staff projects with volunteers. Direct Representation, Systemic Litigation, Community Clinics, Soup Kitchens and Shelters, Hotlines, Outreach and Community Education, Earned Income Tax Clinic, Pro Se Classes, Pro Se Assistance, Counsel to Community Associations and Non-Profits, Non-Profit Organization Development and Board Membership, Intake and Screening, Legislative Work, Mentoring, Training of Other Volunteers, "Expert" Panels, Mediation, Community Legal Fairs, Court-based Assistance The vast majority of reported services provided are direct representation of clients, although only a relatively small percentage of cases result in court litigation. Program staff members typically contact lawyers by phone to determine if they will accept a case referral and allow the lawyer to handle the case independently. Some programs will provide mentoring services either in-house or through other volunteers. Case-types run the
full gamut of civil legal issues, including domestic/family, housing,
bankruptcy, employment, tax, guardianship, trusts and estates, contracts,
tort defense, health, domestic violence, immigration, education, income
maintenance, real estate, non-profit development and education. The overwhelming
need for services continues to be in the areas of family/domestic law
with bankruptcy and consumer debt problems the second most in demand.
A select number of lawyers are engaged in systemic litigation on issues of impact in the community. Much of this work occurs through programs like the Public Justice Center, the American Civil Liberties Union, and the Homeless Persons Representation Project. While those programs have staff counsel, they co-counsel or partner with private lawyers on a pro bono basis to file and pursue a case. In addition to the skills and expertise of additional counsel, the law firms that partner with the legal services provider bring essential additional resources to the case. In the past, private counsel have worked on cases to improve the foster care system in Baltimore City, rectify discriminatory police policies in Frederick and address illegal employment practices. Alternative
Types of Service A few providers utilize volunteers for community legal clinics. The clinics typically operate in the evenings, and handle any legal issues presented by those visiting the clinic. Volunteer lawyers and/or paralegals screen clients for intake while the lawyers then provide brief information and advice (usually up to a half hour). Occasionally, the volunteer will conduct follow-up on behalf of the client or actually take on the client's case. If the volunteer cannot assist someone who needs further representation, the provider attempts to place the case with another volunteer from its panel of referral lawyers. Montgomery County has operated a number of walk-in legal clinics for years; Baltimore houses a Jewish Legal Services clinic in the city. The Homeless Persons Representation Project utilizes a model similar to the community clinics by scheduling volunteer lawyers to visit soup kitchens and homeless shelters to provide brief information and advice. Paralegals typically do an initial screening and intake prior to the lawyers' visit to expedite the cases. Lawyers are often paired to visit the shelters. If a lawyer determines that a client needs additional assistance, and he/she cannot take the case, the client is referred back to HPRP and the case is placed with a referral attorney on their panel. A similar program exists in Prince George's County through the Law Foundation (their pro bono program) where they schedule volunteers to visit several homeless and domestic violence shelters once or twice a month. Volunteer lawyers with expertise in domestic law schedule several hour stints to respond to hotline calls through the Women's Law Center and Legal Aid's Family Law Hotline. One advantage to this approach is that calls are routed to the lawyers' offices making the pro bono service convenient. Staff are also on-call to provide counsel should a volunteer not be available. The Legal Forms Helpline, also operated by the Women's Law Center, engages staff lawyers to assist individuals in completing domestic relations forms but could possibly supplement the service through volunteers.
Several programs provide public education seminars on legal topics of interest to specific populations, most notably seniors, tenant associations and community groups. Topics range from housing and domestic to trusts and estates law. These programs are not widespread but have tremendous potential for volunteers. One program conducts outreach to prisoners (Alternative Directions) although they utilize primarily staff and volunteer paralegals. Every February the Maryland Volunteer Lawyers Service sponsors an Earned Income Credit Tax Clinic for eligible clients who receive assistance completing the tax forms. Staffed primarily by volunteer tax attorneys and accountants, the program provides a unique way for non-litigators to provide valuable pro bono service. A few programs across the state recruit volunteer lawyers to teach pro se litigants how to proceed with their bankruptcy or domestic cases. These opportunities are limited and involve only a handful of lawyers. The participants are restricted to litigants who appear to be able to proceed on their own. In various jurisdictions pro bono lawyers provide information and brief advice to litigants proceeding pro se. The volunteers typically supplement staff assisted pro se programs and work as a complement to the Legal Forms Helpline. Prince George's County in particular has a very active pro se assistance project. The Community Law Center (CLC) focuses on representing community associations in disputes to improve the quality of life in their neighborhoods. Private lawyers serve as counsel to these organizations frequently brokering agreements and negotiating settlements. In the past, lawyers have assisted community groups and churches in developing affordable housing units, creating daycares and shelters and establishing community-based facilities. Corporate, banking, real estate and zoning lawyers help in establishing these projects and rebuilding neighborhoods (such as the Sandtown Habitat for Humanity). Non-Profit Organization Development and Board Membership CLC and other organizations in the state also engage volunteer lawyers to assist in creating and sustaining non-profit entities. Lawyers across Maryland serve on numerous non-profit Boards as a legal resource as well. A few programs utilize volunteers for intake or screening of cases but most prefer to handle those activities with staff. Retired lawyers have been particularly helpful in handling this type of work because of their experience and ability to spend the necessary time in the program office. Those programs that engage in legislative work have included volunteers for research, testimony and education on key issues. Volunteer lawyers have been particularly helpful in times of crisis when visible, political support has been critical. A number of programs
offer to pair a volunteer with another volunteer mentor for guidance.
The level of participation varies depending on the experience and support
needed. Pro bono lawyers may also serve as mentors to staff legal services
lawyers in areas of special expertise. Training other lawyers is popular option for pro bono lawyers. While pro bono lawyers typically teach other volunteers, they have also trained staff legal services lawyers and served as a resource to them. back
to top Similar to serving as mentors, a few volunteers have been willing to be listed as "experts" in esoteric fields of law for staff legal services lawyers and other volunteers. These lawyers will respond to questions and even assist in drafting documents in areas where a pro bono lawyer is not comfortable. PBRC recently initiated this concept for certain areas of the law identified by legal services programs as most useful. Volunteer lawyers currently serve as facilitators and help with case settlement in court. These pro bono activities are not necessarily targeted to low-income persons. There has been a substantial interest among practitioners to engage in pro bono mediation. The Judicial Commission on Pro Bono recommended that such a pilot project be established in conjunction with the ADR Commission (now MACRO). The concept is that lawyers will receive free training as mediators in exchange for a given amount of service to the courts or community as mediators for those unable to afford the costs of mediation. Community educational fairs provide excellent forums for lawyers to educate the public about legal issues and provide information and guidance to prevent entanglements with the law. Some of these have occurred although outside of the MLSC-funded programs. Lawyers can also play a useful role in other types of public fairs or forums by providing resource information. There are a number of court-based initiatives around the country that involve volunteer lawyers. One typical example is a court-based clinic wherein clients can meet with counsel on an individual basis for advice or even immediate representation. Lawyers can staff courthouse projects as staff attorneys from legal services programs or contract attorneys currently do. One recommendation from the Judicial Commission is to have lawyers help triage cases for appropriate referral and representation. |
