Access to Justice Article in the Oklahoma Bar Journal
Vol. 80 - No. 20 - 8/8/2009, 1609-1610

Equal justice for all is one of the legal profession's loftiest goals. With this in mind, what are lawyers willing to do to make equal justice for all a reality?

Consider what it must feel like to be poor and facing the loss of custody of your children to an abusive spouse merely because you cannot afford to pay an attorney.  How must a vulnerable senior citizen feel when he or she is preyed upon by
predatory lenders or fraudulent repairmen?  How about elderly victimized by those they love and trust?  More and more people are facing legal problems due to the downturn in economic conditions in this country.  Sometimes a little legal advice is all theyneed to alleviate the problem, but sometimes they need more.
 
Laws are constantly changing and can be quite complicated to a layperson.  It is hard to imagine how anyone can defend or prosecute an action without benefit of counsel, especially in cases involving child custody, loss of a dwelling or loss of income.  A defendant in a criminal matter has the constitutional right to representation, and such representation for indigent defendants must be provided by the government.  However, in a civil matter, the government has no such responsibility.  Of course there are exceptions, such as in contempt actions, but the norm is that if someone needs legal counsel in a civil matter, that person must pay for representation.

In recognizing that social or financial barriers to equal justice exist, the Rules of Professional Conduct exhort attorneys to make efforts toward removing those barriers.  There are a couple of ways to break down social or financial barriers to equal justice for all. An attorney can either donate money or time and expertise to nonprofit organizations serving "at risk" populations.  Pro bono participation is beneficial in many ways.  Participation can relieve the burden of the court from having to deal with pro se litigants.   It also benefits legal services programs by taking some of the burden off of an already overloaded system.  Many deserving applicants who qualify for services are turned away simply due to the lack of resources.

PRO BONO ATTORNEY BENEFITS
While clearly pro bono advice or representation is beneficial to the client, many attorneys do not realize the benefits pro bono service can be to them — both personally and professionally.  First of all, it is remarkably rewarding for a pro bono attorney to represent a person who otherwise would not have had the benefit of legal advice or representation. Secondly, pro bono participation through the Pro Bono Program of Legal Aid Services of Oklahoma Inc. offers abundant benefits, such as professional liability insurance coverage, free continuing legal education courses, discounts on many continuing legal education courses offered through the OBA, access to the advocate Web site at www.probono.net/ok and consultation with experienced legal aid attorneys, just to name a few.

Sometimes low-income clients contact attorneys directly. If a potential client contacts a private attorney and subsequently qualifies for services at Legal Aid, that client can be treated as if the referral had originated through Legal Aid.  If a lawyer is currently providing pro bono representation to someone who qualifies for Legal Aid, that lawyer would only need to call the local Legal Aid office and "self-refer" the case. Contact information for Legal Aid offices throughout the state of Oklahoma is available at www.legalaidok.org.

In addition to the many benefits of pro bono representation offered by Legal Aid, nothing prohibits that pro bono attorney from collecting attorney fees from the adverse party, as long as the fee does not come from the client or from assets the client would have been entitled to receive.  Furthermore, goodwill is generated by pro bono representation.  Clients are so proud of having their own attorney that they will likely tell family, friends and acquaintances, which can be an excellent source of private pay case referrals in the future.

There is absolutely no limit to pro bono opportunities!  Even if an attorney cannot take cases for representation due to his or her work schedule, that attorney can participate in, or even launch, an after-hours or weekend outreach project. Legal Aid will gladly provide all the training and support needed to make such an effort a success.  Additionally, such volunteer attorneys are amply protected by Legal Aid's professional liability insurance.

In the past, some attorneys have been hesitant to participate in outreach clinics due to concerns regarding conflicts of interest. The Rules of Professional Conduct, 5 O.S. § Rule 6.5 (OSCN 2009), Appendix 3-A, provide some protection to those who participate in projects sponsored by nonprofit and court-annexed limited legal services programs.  The rule excuses the conflict of interest as long as the attorney is not aware of the conflict and it is a short-term limited legal service without expectation that there will be continuing representation in the matter.

Why not begin an advice clinic in your church or other organization?  Even though most attorneys have incredibly challenging schedules, most can muster an extra two or three hours of time every month to donate.  The greatest benefit, aside from the personal satisfaction from helping someone else, is the positive impact such pro bono representation will have on the low-income and senior population.  Why don't we all pitch in, break down the barriers and do our part to make equal justice for all a reality?

Ms. Goble is pro bono coordinator for Legal Aid Services of Oklahoma Inc.