Types of Pro Bono Service
There are a multitude of service opportunities for attorneys interested in providing free civil legal services to those in need. The majority…Some programs specialize in addressing the needs…(e.g. the elderly, disabled, homeless, veterans, or special needs children) while others offer basic services for a particular jurisdiction (e.g. local bar-affiliated pro bono referral programs in Allegany, Harford, Montgomery or Prince George’s County or on the Mid-Shore).
In addition to:
The list is not exhaustive and programs are constantly exploring ways to expand their services.
Direct Representation
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 highest demands for help are in the areas of family. Bankruptcy/consumer debt and foreclosure law..
Systemic Litigation
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 county and address illegal employment practices.
Alternative Types of Service
Community Clinics
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; and Community Legal Services of Prince Georges County operates a Family Law walk- in clinic.
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Hotlines
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 Women’s Law Center also operates the Employment Law Hotline and The Legal Forms Helpline engages staff lawyers to assist individuals in completing Family Law related forms.
Outreach and Community Education
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.
Pro Se Classes
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.
Pro Se Assistance
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.
Counsel to Community Associations and Non-Profits
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.
Intake and Screening
A few programs utilize volunteers for intake or screening of cases. 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.
Legislative Work
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.
Mentoring
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.
An interesting model is a mentoring clinic wherein a law firm serves as a mentor to less experienced family law lawyers. More than a dozen volunteer lawyers attend monthly meetings with the firm and receive advice and guidance on pro bono family law cases. The mentors assist by reviewing the pro bono cases as well.
Participants in the clinic must agree to accept two pro bono cases for the benefit of the mentoring program. Once those cases are handled, a new group of lawyers are rotated into the clinic. Both Montgomery and Prince George's county have firms sponsoring these clinic models.
Training of Other Volunteers
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.
"Expert" Panels
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.
Mediation
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 and the District Court operates a pro bono program.
The majority of litigants are of limited means. Pro Bono Resource Center of Maryland [PBRC] operates a Family Mediation Pro Bono Project in Baltimore City in conjunction with the Circuit Court for Baltimore City and the University of Baltimore: School of Law where volunteer lawyers represent pro se litigants in one-day contested custody mediation sessions.
Volunteer mediators are also recruited to mediate the sessions. 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 Legal Fairs
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. Lawyers can also play a useful role in other types of public fairs or forums by providing resource information.
Court-based Assistance
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. These occur in the family law arena as well as for general civil or bankruptcy matters. A few clinics now operate in the law libraries or lobbies of the courthouses.