Pro Bono News
IRS Recommends Governance Policies for Nonprofits
An article posted on the IRS website states that sound nonprofit governance is critical to the successful operation of tax-exempt groups. The article "commends" a series of policies and practices to facilitate internal oversight. To read the article, click
here
US Chief Immigration Judge releases Guidelines for Pro Bono Memorandum
The United States Chief Immigration Judge on March 10, 2008 released
Operating Policies and Procedures Memorandum 08-01: Guidelines for Facilitating Pro Bono Legal Services to all Immigration Judges, Court Administrators and other court staff. This immigration court guidance implements many of the pro bono best practices which were recommended to the U.S. Department of Justice Office of Immigration Review Committee on Pro Bono last year by various Immigration Judges and Court Administrators, as well as by representatives from numerous NGOs and private law firms, and officials from various other U.S. and international organizations.
Chicago Law Firms Step Up Support for Pro Bono
More than 20 of Chicago’s leading law firms, recognizing the unique importance for our legal community of ensuring access to the justice in the Chicago area, have become charter members of the new Chicago Bar Foundation Law Firm Leadership Circle.
View the Press Release or view
more information about the Leadership Circle at the Chicago Bar Foundation
Small Nonprofits Face New Filing Rules
Beginning in 2008, small tax-exempt groups (defined by the IRS as those with $25,000 or less in annual gross receipts) must complete a new electronic Form 990-N, called an e-Postcard, within 30 days of the close their tax year. Previously, such groups did not have to complete a filing. Please see the Philanthropy Journal article on this topic or the IRS website for additional information.
Kentucky Bar Association Adopts Resolution in Support of Medical Legal Collaboratives for Children
"Lawyers Have a Special Responsibility for the Quality of Justice" speech by Hawaii Chief Justice Ronald Moon
These are the remarks of Hawaii Supreme Court Justice Ronald Moon at the Hawaii State Bar Association. Read the speech
New Hampshire to Hold Public Hearing on Proposed Emeritus Rule
The New Hampshire Supreme Court Advisory Committee on Rules has announced a Public Hearing on December 12, 2007, to consider comments on proposed new Supreme Court Rule 42-D, regarding a limited certificate of admission to provide pro bono legal services for retired and inactive attorneys from New Hampshire or any other state meeting certain requirements. For further information see
http://www.courts.state.nh.us/supreme/orders/Noticeofpublichearing&rules.pdf.
Mississippi adopts Pro Bono Publicus Rule
On October 15, 2007, the Supreme Court of Mississippi adopted an Amendment to Rule 46 of the Mississippi Rules of Appellate Procedure to include a provision for Pro Bono Publicus Attorneys. A Pro Bono Publicus Attorney is (a) an inactive member of the Mississippi Bar who is not otherwise engaged in the practice of law; or (b) an attorney licensed in a state other than Mississippi who will provide free legal services under the supervision of a qualified legal services provider and neither asks for nor receives personal compensation of any kind for the legal services rendered. A qualified legal services provider is a not-for-profit legal aid organization that is approved by the Mississippi Bar. An attorney who complies with the rule permitting practices as a pro bono publicus attorney shall not be deemed to be engaged in the unauthorized practice of law in Mississippi. The purpose of Rule 46(f) is to permit and encourage attorneys who do not engage in the active practice of law in Mississippi to provide legal representation to persons who cannot afford private legal services. See
http://www.mssc.state.ms.us/Images/Opinions/143112.pdf.
The Washington State Bar Association proposes amendments to state Supreme Court concerning practice of law after a major disaster.
The Washington State Bar Association has submitted a
proposed Admission to Practice rule concerning the Provision of Legal Services Following Determination of Major Disaster to the Washington Supreme Court. They have also submitted a
proposed amendment to the Rules of Professional Conduct 5.5 on the practice of law after a major disaster. If the Supreme Court agrees to consider adoption of this rule, it is expected to be published for comment in January with the comment period to end April 30. If the Court adopts the rule it will be republished in June and take effect September 1, 2008.
South Dakota Adopts Emeritus Attorney Pro Bono Rule
South Dakota becomes the 25th state to adopt an Emeritus Attorney Pro Bono Rule.
http://www.sdjudicial.com/downloads/sc/rules/y2007/r0704.pdf
. The new rule becomes effective 1/1/08.
For more information on South Dakota's new rule, contact Tom Barnett, Thomas.Barnett@sdbar.net. For more information on emeritus attorney pro bono rules and programs, contact Holly Robinson, robinsoh@staff.abanet.org.
ABA pro bono immigration pilot project in San Diego to promote due process, clearer decision-making
The American Bar Association is launching an innovative pro bono immigration pilot project in San Diego in the fall of 2007 as part of a seed grant from the ABA Enterprise Fund.
More about this project . . .
ABA Adopts New Interpretation of Law School Pro Bono Accreditation Standard
At the 2007 ABA Annual Meeting, the ABA House of Delegates adopted
New Interpretation 302-10 of the Law School Pro Bono Accreditation
Standard 302(b)(2). Standard 302(b)(2) of the
ABA Standards for the Approval of Law Schools requires all ABA approved law schools to offer "substantial opportunities for . . . student participation in pro bono activities."
New Interpretation 302-10 provides, in part, that "pro bono opportunities should at a minimum involve the rendering of meaningful law-related service to persons of limited means or to organizations that serve such persons; however, volunteer programs that involve meaningful services that are not law-related also may be included within the law school's overall program." In addition, the Interpretation acknowledges that while most existing law school pro bono programs include only activities for which students do not receive academic credit, it maintains that the Standard does not preclude the inclusion of credit-granting activities within a law school's overall program of pro bono opportunities so long as law-related non-credit bearing initiatives are also part of that program.
To view the full text of New Interpretation 302-10, see Chapter three of the ABA Standards or to view the full ABA Council of the Section of Legal Education and Admissions to the Bar Recommendation and Report 103A submitted to the House of Delegates, see http://www.abanet.org/leadership/2007/annual/docs/hundredthreea.doc. In addition, see the Commentary on Revisions to Standards and Rules of Procedures for Approval of Law Schools 2006-2007 which was submitted to all Deans of ABA-Approved Law Schools in August 2007 at http://www.abanet.org/legaled/standards/standardsdocuments/Finalcommentary2006-2007.doc. For further information, visit the ABA Section of Legal Education web site or email , Assistant Staff Counsel, ABA Center for Pro Bono.
Dallas Attorney Discusses Effect of Pro Bono Work in KERA Radio Broadcast
William Holston, a Dallas attorney, speaks about the strong effect pro bono work has had upon him in this sound clip from
KERA's This I Believe: Servitude
Supreme Court of Iowa Adopts "Katrina Court Rule" for Future Emergencies
On May 14, 2007, effective immediately, the Supreme Court of Iowa entered an Order adopting a "Katrina Court Rule" which provides that, after the Supreme Court of Iowa, or the highest court in another jurisdiction to which displaced persons temporarily relocate, determines that an emergency exists that affects the state's justice system and the provision of legal services, the Court will allow: 1. Out-of-state lawyers to provide pro bono legal services to the citizens of the affected state within certain constraints described in the rule, and; 2. Lawyers from an affected state can provide legal services in Iowa on a temporary basis if the services are reasonably related to the lawyer's practice in the affected jurisdiction. (See
http://www.judicial.state.ia.us/wfdata/frame4548-1671/File45.pdf.) Iowa is the first state to adopt a rule based on the American Bar Association's
Model Court Rule on Provision of Legal Services Following Determination of Major Disaster. For further information,
contact John Holtaway, Client Protection Counsel, ABA Standing Committee on Client Protection, or
email Tony Barash Director, ABA Center for Pro Bono.
Read more about the adoption of this rule.
Child Custody and Adoption Pro Bono Project Announces 2007 Grants Awardees
The ABA Child Custody and Adoption Pro Bono Project announces the award of $50,000 to programs and projects working to develop partnerships between pro bono attorneys and law students in the representation of children in private custody cases. These four programs have received grants: AdvoCourt for Kids (Houston, Texas), Atlanta Volunteer Lawyers Foundation (Georgia), ChildLaw Services, Inc. (Princeton, West Virginia) and
Children's Law Center (Covington, Kentucky).
More details on these programs
Judge Robert Katzmann (US Ct of App, 2nd Cir.) Calls on Pro Bono Lawyers to Meet the Unmet Legal Needs of the Immigrant Poor [Sponsored and presented by the Orison S. Marden Lecture Series of the Association of the Bar of the City of New York.]
The Legal Profession and the Unmet Needs of the Immigrant Poor, this year's Orison S. Marden Lecture of the Association of the Bar of the City of New York, was delivered on February 28, 2007 by
Judge Robert Katzmann US Court of Appeals for the Second Circuit.
Here is the text of the lecture.
The American Bar Association House of Delegates at the 2007 Midyear Meeting in February approved A Model Court Rule on Provision of Legal Services Following Determination of Major Disaster The American Bar Association House of Delegates at the 2007 Midyear Meeting in February overwhelmingly approved a
Model Court Rule on Provision of Legal Services Following Determination of Major Disaster. The model rule would allow out-of-state lawyers to provide pro bono legal services in an affected jurisdiction and lawyers in the affected jurisdiction whose legal practices had been disrupted by a major disaster to practice law on a temporary basis in an unaffected jurisdiction. For further information,
, Client Protection Counsel, ABA Standing Committee on Client Protection, or Director, ABA Center for Pro Bono.
ABA Plans Dues Waiver for Senior or Inactive Members Who Provide Pro Bono Service
Pro bono work has long been supported and encouraged by the ABA, and the association's Board of Governors has just approved a plan it hopes will further encourage lawyers to contribute to their community by making retired and inactive members who have provided 500 hours of pro bono service in the prior year eligible for a waiver of their ABA membership dues the following year. The dues waiver will start in the next bar year (Sept. 1, 2007, through Aug. 31, 2008) - earning those pro bono hours starts now!
The dues waiver program complements one of President Karen Mathis's core initiatives - the Second Season of Service - which seeks to harness the talents of lawyers in the baby boomer population, a generation that is redefining retirement from a time of leisure to a time of renewed vigor and purpose.
Upon request, an ABA member who is no longer in the active practice of law who completes 500 hours of pro bono legal service within a calendar year may receive a dues waiver with appropriate documentation. The definition of pro bono legal services work is set forth in Model Rule 6.1. The applicant must show proof that at least 250 of the 500 hours of pro bono work involved direct representation of persons of limited means or organizations that provide services to those individuals, service on boards of organizations serving the poor, or serving as non-compensated legal staff for such organizations.
Applicants will self-certify by submitting a signed document
attesting to the 500 hours and the 250 minimum hours in the services outlined immediately above. To participate in this program, contact the ABA Service Center at 1-800-285-2221 or Service@abanet.org.
Troutman Sanders, allied with the American Cancer Society, will do pro bono estate planning for low-income individuals with cancer in the Atlanta metropolitan area.
Troutman Sanders LLP is pleased to announce a new pro bono alliance with the American Cancer Society and the Atlanta Legal Aid Society. Through this alliance, the law firm will provide free basic estate planning services on a pro bono basis to low-income individuals with cancer in the Atlanta metropolitan area.
Read the press release.
ABA House of Delegates Supports Civil Legal Services Policy Recommendations
Civil legal services matters were an important and significant part of the recent House of Delegates agenda at the 2006 ABA Annual Meeting in Hawaii. The House of Delegates members approved the following reports with resolutions of relevance to pro bono programs and others invested in improving access to civil legal services to the poor.
Report No. 111 - Civil Legal Services Program Standards
[Primary Sponsor: Standing Committee on Legal Aid and Indigent Defendants]
Adopts revised Standards for the Provision of Civil Legal Aid, dated August 2006 and recommends implementation of the Standards by entities providing civil legal aid to the poor.
Report No. 112A - Civil Gideon
[Primary Sponsor: Task Force on Access to Civil Justice]
Urges federal, state, and territorial jurisdictions to provide legal counsel as a matter of right at public expense to low income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody as determined by each jurisdiction.
Report No. 112B - Principles for State Civil Legal Aid Delivery Systems
[Primary Sponsor: Task Force on Access to Civil Justice]
Adopts the Principles of a State System for the Delivery of Civil Legal Aid, dated August 2006, which describe a system for the delivery of civil legal aid that provides a full-range of high quality, coordinated and uniformly available civil law-related services to the state's or territory's low-income and vulnerable populations in sufficient quantity to meet their civil legal needs.
Report No. 118 - Pro Bono Limited Practice Rules
[Primary Sponsor: Commission on Law and Aging]
Encourages state and territorial bar associations and other attorney licensing entities to adopt practice rules that establish guidelines to allow pro bono legal service by qualified, retired or otherwise inactive lawyers, under the auspices of qualified legal services or other non-profit programs.
Report No. 121A - Supporting and Promoting Pro Bono in Law Practice Settings
[Primary Sponsor: Commission on the Renaissance of Idealism in the Legal Profession]
Urges solo and small firm attorneys, larger law firms, corporate law departments and government and military law offices to encourage their lawyers, partners as well as associates, to service their communities through pro bono and public service activities consistent with applicable rules of professional conduct and adopts Pro Bono Policies and Procedures, dated August 2006 to provide their lawyers with opportunities to do pro bono work and to adopt specific internal policies and procedures to support such work.
Report No. 121B - Law School Support and Promotion of Pro Bono
[Primary Sponsor: Commission on the Renaissance of Idealism in the Legal Profession]
Urges law schools to require legal employers that recruit on campus to disclose, and to make available to the schools' students and alumni, specific information regarding the employer's pro bono policies, practices and activities and urges law schools to adopt the Pro Bono Disclosure Requirements for Law School Recruiters, dated August 2006.
Report No. 121C - Judicial Support and Promotion of Pro Bono
[Primary Sponsor: Commission on the Renaissance of Idealism in the Legal Profession]
Urges all federal, state, local and territorial courts to develop programs, in collaboration with state, local and territorial bar associations and pro bono programs and legal services offices, to encourage, facilitate and recognize pro bono representation of indigent parties in civil cases.
~~~~~~~
The House also approved resolutions that relate to the work of civil legal services providers:
Report No. 108A - Homeless Court Programs
[Primary Sponsor: Commission on Homelessness and Poverty]
Adopts principles for Homeless Court Programs and approve the criteria for individual participation recognizing that administration of the programs will differ depending on the particular needs, goals and challenges of a jurisdiction.
Report No. 108B - Definition of "Homeless Person"
[Primary Sponsor: Commission on Homelessness and Poverty]
Urges all federal agencies to include within the definition of "homeless person" individuals who lack a fixed, regular and adequate nighttime residence including those who, due to loss of housing, economic hardship, or similar reasons, are sharing the housing of others or living in motels, hotels or camping grounds.
Report No. 110 - Expansion of Domestic Violence Relationship
[Primary Sponsor: Commission on Domestic Violence]
Urges federal, state, territorial, local and tribal governments to enact or amend domestic violence civil protection order statutes that provide protection to victims who are in a romantic or intimate relationship with the perpetrator of domestic violence or have been in a romantic or intimate relationship with the perpetrator, but do not necessarily have a child with, live with, or are married to the perpetrator of the violence.
Report No. 120C - Law Firm Billable Hours
[Primary Sponsor: Section of Litigation]
Encourages law firms to consider: (a) alternatives to mandatory minimum billing requirements that would reduce undue emphasis on lawyers' billable hours; and (b) compensation systems that recognize and reward attorneys based on factors in addition to the number of hours they bill to client matters.
Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act approved by NCCUSL
In July 2006, the National Conference of Commissioners on Uniform State Laws approved the
Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act. This Act will serve as a great improvement in the representation of children across the country. For more information, see the
NCCUSL Press Release, and the
Act itself. The Act will now come before the ABA for approval, after which it will be submitted for adoption in every state. The Project is honored to have served as an Observer on the NCCUSL Drafting Commission, and to have supported passage of the Act.
Illinois Becomes a Mandatory Reporting State for Pro Bono
The Illinois Supreme Court will now require lawyers in the state to report, at their annual registration, their pro bono efforts--the approximate number of voluntary hours given to pro bono during a 12 month period as well as their monetary contributions.
Read the press release.
Read the Supreme Court Order.
Training and Workshops
New Publications and Reports
"Helping Handbook" Available for Victims of California Wildfires
Lawyers at Morrison & Foerster LLP, in conjunction with seven bar associations, have produced the "
Helping Handbook", a 72-page overview of issues faced by people recovering from the most damaging blazes in state history. The manual provides much-needed and helpful information to Californians who are trying to put their homes and lives back together.
See the press release. An updated version of this 2003 publication will be available within the next few days. Direct link to 2003 PDF version (1.1 mb)
ABA Section of Dispute Resolution Releases New Resources to Assist Legal Service and Pro Bono Programs
The
Manual for Pro Bono and Legal Services Dispute Resolution Programs
has the tools pro bono and legal services programs need to design a mediation program. The manual provides governing boards, chief executives and mediation program administrators the information needed to start a new program or to strengthen an existing program. It covers the benefits of mediation, how to design a program, the financial resources needed and where to find them, staffing the program, the recruitment of appropriate volunteer mediators, the screening and processing of cases, and sample forms and training tools.
Beyond the Myths: Get the Facts about Dispute Resolution
is a new brochure that identifies the most common myths and barriers to the use of mediation for low income disputants The brochure addresses nine common myths or misconceptions held by legal services and pro bono practitioners. The subjects addressed range from issues such as whether mediation is a fair means of dispute resolution for low income disputants, including those with domestic violence issues, to the ability to enforce mediation agreements.
ABA Child Custody and Adoption Project Releases the Exemplary Mental Health and Social Service Projects Guide for use in Child Representation Projects.
The ABA Child Custody and Adoption Pro Bono Project is pleased to announce the release of a Guide for programs interested in adding a mental health or social services component to their legal representation of children. This Guide details the work of five programs who received funding from the ABA Child Custody Project in 2005, as well as information about other mental health and social service projects within child representation programs. Our hope is that programs will see the benefit of adding mental health and social service pieces to their current work, and will take advantage of the expertise developed by these other programs and the ABA Project.
View The Exemplary Mental Health and Social Service Projects Guide with all of the listed exhibits. Any questions about the Guide can be directed to .
Awards and Applause
ABA Section of Labor & Employment Law Seeks Nominations for 2008 Frances Perkins Public Service Award
The Section of Labor & Employment Law is seeking nominations for its 2008 Frances Perkins Public Service Award. The Frances Perkins Award honors individuals or institutions who have demonstrated a significant contribution to providing pro bono legal services as defined in Rule 6.1 of the ABA Model Rules of Professional Conduct. Preference will be given to individuals or organizations who have demonstrated such a contribution in the areas of labor or employment law, but all nominations will be given full consideration. Nomination packages are due by June 2, 2008.
For further information on the Labor and Employment Pro Bono Work Committee, including the Frances Perkins Public Service Award Brochure, see http://www.abanet.org/dch/committee.cfm?com=LL300501.
For questions, please contact Jim Jones, Assistant Director, Membership & Marketing, ABA Labor and Employment Law Section at 312-988-5593 or by email at jonesja@staff.abanet.org.
City Attorney's Office Honored for Pro Bono Work
The City of Tallahassee City Attorney's Office was selected as the recipient of the 2008 Law Firm Commendation, an award honoring significant contributions in the delivery of legal services to individuals or groups on a pro bono basis. The commendation was presented by Chief Justice R. Fred Lewis at a January 31 ceremony at the Florida Supreme Court. For more information, see
http://www.floridabar.org/TFB/TFBPublic.nsf/WNewsReleases/BC726973F4CD6833852573C9006BE697?OpenDocument and
http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20080302/NEWS01/803020318/1010.
Joseph Barry Schimmel Receives ABA Tax Section National Pro Bono Award
The American Bar Association Section of Taxation presented its annual Janet Spragens Pro Bono Award to Miami lawyer Joseph Barry Schimmel, January 19th at the section’s 2008 Midyear Meeting in Lake Las Vegas, Nevada. Schimmel is a partner in the Miami firm, Cohen, Chase, Hoffman & Schimmel.
More . . .
ABA Section of Labor and Employment Law Selects Wendy Brenner of Cooley Godward Kronish LLP for Francis Perkin’s Public Service Award
The ABA Section of Labor and Employment Law presented the 2007 Francis Perkin’s Public Service Award to Wendy Brenner of Cooley Godward Kronish LLP during their 2007 Annual CLE Conference in Philadelphia. Ms. Brenner was nominated for her extraordinary commitment to pro bono work. She has represented clients in federal and state court on a wide variety of claims. She has represented parties in mediations and arbitrations and before the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the California Labor Commissioner and other administrative agencies. Specific to this year’s award, Ms. Brenner and her firm put in over $350,000 in pro bono representation on behalf of a restaurant kitchen worker who was owed approximately $90,000 in unpaid wages and penalties. To find out more about the Perkins Award, requirements for nomination, and profiles of past recipients
click here.
Videos of the August 13, 2007 Pro Bono Publico Award Recipients Now Available
After a very thorough review and deliberation the Committee selected as recipients of the 2007 Awards the following lawyers and law firms. The awards were presented at the Pro Bono Publico Awards Assembly Luncheon at the Moscone West Convention Center on Monday, August 13, 2007 at the ABA Annual Meeting in San Francisco, California.
Robert E. Borton, San Francisco, CA
Awards Video RealPlayer clip: 3:47 minutes 11.7 Mb
Awards Video Windows Media Player clip, 12.2 Mb
Derfner, Altman & Wilborn, Charleston, SC
Awards Video RealPlayer clip: 3:36 minutes 11.1 Mb
Awards Video Windows Media Player clip, 11.5 Mb
Stephen H. Oleskey, Boston, MA
Awards Video RealPlayer clip: 3:48 minutes 11.7 Mb
Awards Video Windows Media Player clip, 12.2 Mb
Sidley Austin LLP, Chicago, IL
Awards Video RealPlayer clip: 3:31 minutes 10.8 Mb
Awards Video Windows Media Player clip, 11.3 Mb
Patricia Yoedicke, Minneapolis, MN
Awards Video RealPlayer clip: 3:56 minutes 12.1 Mb
Awards Video Windows Media Player clip, 12.6 Mb
Detailed descriptions of their pro bono accomplishments.
LawHelp.org wins 2007 Webby Award for Best Law Website
The winner of the 2007 Webby Award for Best Law Website is
LawHelp.org, a portal that provides low and moderate income individuals with access to legal services. This unique site, which offers state-based legal referrals, know-your-rights information and a variety of self-help tools, was created and is managed by Pro Bono Net, the nonprofit leader in technology solutions to expand access to justice for those in need.
More about LawHelp.org and the Webby
Funding Opportunities
The Louisiana Road Home Program Offers Compensation to Homeowners Affected by Hurricanes
The Louisiana Road Home program was developed to help Louisiana residents get back into their homes as quickly and as fairly as possible. Through the Road Home, homeowners affected by Katrina or Rita may be eligible to receive up to $150,000 in compensation for their losses to get them back into their homes. A brochure is viewable at
http://www.road2la.org/Docs/RdHomeBrochure.pdf.
Eligibility Requirements:
To qualify for assistance, residents must
- have owned and occupied the home as their main residence at the time
of the hurricane
- have been in a single- or double-unit structure
- have sustained "major" or "severe" damage or been destroyed
- understand that if they were uninsured but should have had insurance
(i.e., live in a flood plain but did not have insurance) then they
are still eligible for the program, but sustain a 30 percent penalty.
Currently 10 Housing Assistance Centers are open across South Louisiana. A listing of these centers with contact information is attached for your reference as is a copy of the process.
Anyone interested in applying for this assistance is urged to call 1-888-ROAD-2-LA (1-888-762-3252) or go to www.road2LA.org to apply online.
Please keep in mind that once they apply (and yes, this is different than registration) they will receive written notification regarding their next steps. If they are found eligible, they will then set up a personal appointment with an advisor at the Centers. People are urged to wait for their appointment so that they may have a reserved time to meet directly with their advisor to make a determination about their decision - whether they will stay and rebuild, relocate within Louisiana, or move out of state. This meeting with their advisor is very individualized and critical.
