In 1990, The Bankruptcy Section of the Minnesota
State Bar Association instituted a court-structured pro bono
program that provides legal assistance to debtors in
bankruptcy cases.
Each time an adversary proceeding is begun, the clerk of
Bankruptcy Court sends the defendant a pro bono notice.
Stated in simple English, the notice advises the defendant
that he or she may be eligible for representation on a pro
bono basis. The defendant is instructed to call a local
legal aid office that determines whether the defendant's
family income falls within the Federal Poverty Guidelines.
If the defendant qualifies, the caller is referred to a
member of the Section for free legal help.
This program has worked well and has been copied and
greatly expanded on in other areas of the country. Recently,
the section expanded the program. It now supports client
counseling clinics throughout the state.
The Section has also established two separate annual
events for the volunteers. The first is a seminar on some
topic relevant to the pro bono lawyers. This is usually
taught by a judge and lawyers. Those attending receive free
CLE credit. The second is an annual recognition wine-and-
cheese reception. At this event, usually held at the Federal
Courthouse, the Section honors all lawyers who have
volunteered time in the pro bono program.
As I have watched this program grow, I have concluded
that there are three primary secrets to its success:
No pro bono program should be started unless it has a
continuity plan. I like to compare these initiatives to
small children: They need nurturing over years; they cannot
be jump started one year only to be forgotten the next. All
of us know of bar initiatives that last a year or so, look
great, and then falter because — with new and ever-
rotating bar leadership — priorities change.
The Bankruptcy Section has organized its efforts to avoid
this problem. The Section created a Pro Bono Committee and
the vice chair of the Section is the chair of that
committee. This focuses the thoughts of the incoming chair
on this important aspect of the Section's activities. The
Pro Bono Committee meets monthly, and attention is paid to
its programs. Also, the Section is committed to contributing
a large part of its annual section dues revenue to subsidize
the pro bono efforts.
Creating pro bono programs within a substantive section
of a bar is one of the most effective ways to deliver pro
bono services. As for the role of the judiciary, we must
walk a fine line. We cannot be either the forerunner or the
loudest vocal cheerleader, lest we go too far and create an
appearance of impropriety.
But we can, we should, lend visible support. This is done
in small ways; by instructing a clerk to give due
consideration to the time pressures of pro bono lawyers; by
attending the award receptions; by attending committee
meetings; by agreeing to help teach the training seminars;
and by always saying thanks when the occasion presents
itself.
Dreher is a U.S. bankruptcy judge in the District of Minnesota.
Her e-mail is nancy_dreher@uscourts.gov.
