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News & Developments
March 28, 2013
Just In! ABA Report on Pro Bono Service in the United
States
The ABA Standing Committee on Pro Bono and Public Service has issued a report detailing
the results of a national survey of attorneys who perform pro bono work. The survey report,
Supporting Justice III: A Report on the Pro Bono Work of America’s Lawyers, quantifies the
amount of pro bono work done by U.S. lawyers in 2011, identifies factors that encourage or
discourage attorneys from performing pro bono service, and describes the characteristics of
recent pro bono service that can help guide new pro bono initiatives. The survey was
conducted by the Research Intelligence Group. A few of the results obtained from the survey
include:
70 percent of lawyers who were contacted directly by a pro bono
program regarding a specific matter took on the matter.
63 percent of survey respondents reported working on matters that
address the everyday legal issues faced by people living in poverty.
Survey respondents provided 56.5 hours of pro bono work, with a
median of 30 hours.
Solo practitioners provided an average of 62.7 hours.
Lawyers from firms of 51–100 attorneys provided an average of 39.9
hours.
Those who provided 50 or more hours of pro bono service have attributed the following to
their success:
receiving referrals from an organized pro bono program
interest in performing pro bono work during economic downturns
interest in performing future pro bono work
working for an employer that supports pro bono service
seeking out pro bono cases rather than waiting to be called
Keywords: litigation, pro bono, volunteer, Supporting Justice III, service, ABA
— Joy B. Tolliver, attorney-at-law and adjunct professor of legal studies
March 26, 2013
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Circuit Conflicts in Antitrust
Litigation
Touro Law Center Spearheads National Sandy Pro Bono
Relief
The Touro Law Center in Central Islip, New York, has received a $40,000 grant to spearhead
the recruitment of law students from across the nation to provide pro bono legal assistance to
Long Island’s communities devastated by Hurricane Sandy. The grant will be used to hire an
attorney project coordinator to recruit, organize, and coordinate relief efforts. This grant
comes from the Rauch Foundation, a Long-Island based non-profit organization, which
This practical guide
surveys current
conflicts among the
Circuit Courts of
Appeal in antitrust
litigation.
A Century of Legal Ethics:
Trial Lawyers and the ABA
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
invests in programs benefitting children, families, and the environment.
Law students assisting with the relief effort will be assigned to non-profit organizations and
government agencies that are already providing disaster relief. Students will have the
opportunity to work on a wide range of legal matters including insurance, the Federal
Emergency Management Agency, foreclosure, environmental, consumer and rebuilding,
landlord-tenant, and employment. Though students may assist other geographic areas
affected by Hurricane Sandy, Long Island is the first priority. This project will be modeled
after the Student Hurricane Network experience that was developed following Hurricane
Katrina on the Gulf Coast.
Canons of Professional
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The ABA Canons of
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in 1908 and created
ethical standards for
lawyers.
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books
This monumental, pro bono effort coordinated by Touro is not the first that the center has
implemented; in fact, just days after Hurricane Sandy, the Touro Law Center opened an
emergency hotline in partnership with the Suffolk County Bar Association. The call center still
provides referrals and legal advice for Long Island residents and small businesses. Also in
response to Hurricane Sandy, the Touro Law Center has implemented curricular changes,
established a new disaster-relief clinic, coordinated legal services for regional disaster relief,
and now, through the Rauch Foundation’s grant, has coordinated legal services on a national
scale.
Other law schools have expressed interest in assisting Touro with this effort, and pro bono
assistance from attorneys is welcomed. Touro seeks to fill the six-month attorney project
coordinator position immediately, and is also recruiting law students to spend their spring and
summer breaks assisting with this project. To extend your support to this exemplary pro bono
effort, please contact Thomas Maligno, director of pro bono and public service, at (631) 7617033, or email.
Keywords: litigation, pro bono, public interest, Hurricane Sandy, Touro, Long Island, relief
— Joy B. Tolliver, attorney-at-law and adjunct professor of legal studies
February 22, 2013
2013 Equal Justice Conference—Register Now!
This year’s Equal Justice Conference will be held May 9–11, 2013, at the Hyatt Regency St.
Louis at the Arch. The Equal Justice Conference is an annual conference presented by the
American Bar Association’s Standing Committee on Pro Bono and Public Service and the
National Legal Aid and Defender Association. The conference unites all components of the
legal community to discuss equal-justice issues as they relate to the delivery of legal
services to poor and low-income individuals who are in need of legal assistance.
The conference is a great opportunity for all interested in pro bono and/or public interest
issues, as it focuses on strengthening the partnerships among the key players in the civil
justice system. Attendees will receive invaluable insight and gain knowledge through
informative plenary sessions, workshops, partnership building, networking opportunities, and
special programming designed to refine legal knowledge in a variety of content areas,
including substantive law, resource development, research and technology, management and
diversity, and others. Conference attendees have included pro bono and legal services
program staff, judges, corporate counsel, court administrators, private lawyers, paralegals,
bar-association leaders, and many others interested in the legal-services industry. All are
invited to attend and will benefit from this remarkable learning experience!
Registration is now open. Early-bird rates end on Friday, March 1, 2013.
Keywords: litigation, pro bono, public interest, equal justice
— Joy B. Tolliver, attorney-at-law and adjunct professor of legal studies
October 26, 2012
Executive Order Increases Sanctions on Iran
On Tuesday, October 9, 2012, President Barack Obama signed Executive Order 13628,
which authorized the implementations of sanctions in the Iran Threat Reduction and Syria
Human Rights Act of 2012 (TRA) and additional sanctions regarding Iran. The TRA was
signed into law in August 2012, and the order includes amendments, the Iran Sanctions Act
(ISA), and the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
(CISADA).
The president’s order expands an already large list of persons and entities targeted by Iran
sanctions while closing loopholes and increasing penalties. Those targeted include anyone
who works in Iran’s petroleum sectors or provides goods, services, infrastructure, or
technology to Iran’s oil and natural gas sector; those who insure or re-insure investments in
Iran’s oil sector; and those who transport refined petroleum to Iran. It also targets Iranian and
Syrian officials involved in human-rights abuses. The order creates a framework to
implement these sanctions and delegates enforcement to the U.S. Secretary of State of
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
Secretary of the Treasury.
Executive Order Sections
The order implements the requirements of Sections 204, 402, and 403 of the TRA.
Section 1 of the order is intended to implement sanctions pursuant to ISA, CISADA, or TRA.
Certain ISA sanctions require action by the private sector. The order will further the
implementation of those ISA sanctions by providing authority under the International
Emergency Economic Powers Act (IEEPA) to the Secretary of the Treasury to take certain
actions with respect to those sanctions.
Sections 2 and 10 of the order are intended to implement the statutory requirements of
CISADA, as amended by section 402 of TRA. Section 402 blocks property or interests in
property and suspends entry into the United States of persons determined by the Secretary
of the Treasury, in consultation with or at the recommendation of the Secretary of State.
Section 4 of the order prohibits foreign subsidiaries of U.S. persons from knowingly violating
the Iranian Transactions Regulations, Executive Order 13599, section 5 of Executive Order
13622, or Section 12 of the Executive Order. Section 4 provides for civil penalties on the U.S.
parent company for any such violations.
Sections 5, 6, and 7 of the order authorize the Secretary of State to impose, and the
Secretary of the Treasury and other agencies to implement, certain sanctions in sections 5(a)
and 6 of ISA that were enacted by CISADA, for activity occurring between July 1, 2010, and
August 10, 2012.
Summary
This order is aimed at stopping Iran from repatriating revenue from oil, further destabilizing
Iranian currency, and making more Iranian sanctions mandatory. The order ultimately seeks
to deter Iran from pursuing a nuclear weapons program.
Additional information can be found at:
Executive Order 13628 (Last accessed Oct. 22, 2012)
Letter from President Obama regarding Executive Order 13628 (Last accessed Oct. 22,
2012)
Office of Foreign Asset Control Analysis of Section 4 of Executive Order 13628 (Last
accessed Oct. 22, 2012)
Keywords: litigation, pro bono, public interest, Iran, sanctions, Executive Order 13628,
trade compliance, Iran Threat Reduction and Syria Human Rights Act of 2012, Iran Sanctions
Act, Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
—Jesse Horn, Esq. is an attorney at Holland & Hart LLP in Denver, Colorado.
October 19, 2012
Women in the 2012 Presidential Election
Women’s issues are at the forefront of the upcoming presidential election. A woman’s right to
choose; right to contraception; equal pay; the potential outlaw of Roe v. Wade; and the
future of Planned Parenthood are all on the table. Women make up a significant percentage
of the vote and will likely play an important role in which candidate wins. According to
Prudential Financial’s latest biennial study, "Financial Experience & Behavior Among
Women", "53 percent of more than 1,400 women surveyed are primary breadwinners, with
increasing numbers of women assuming this role as a result of spouses losing jobs during
the financial crisis, divorce and women deciding to marry later."
With percentages of women being the primary breadwinner increasing, the election is not just
about women’s issues, but family issues—Democrat and Republican. Depending on who
wins the election, several of the major issues that deal with women will likely play out in this
country’s highest court. The Affordable Care Act, which guarantees that women will not be
denied coverage based on their health, or charged higher rates because of their gender,
could be repealed no matter who wins the election. Equal pay for equal work is an issue that
should be important to every woman, and the Lilly Ledbatter Fair Pay Act helps women fight
back.
With women’s rights being on the line in this election, it is not only important that every
woman votes, but that every man who stands for women’s rights votes as well.
Keywords: pro bono, public interest, litigation, Roe v. Wade, Planned Parenthood,
Affordable Care Act, Lilly Ledbatter Fair Pay Act, Prudential Financial
—Kyana Woolridge, Esq. is a partner at the Woolridge Law Firm in Newark, New
Jersey
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
October 16, 2012
Pennsylvania Says Voters Can Cast Ballots Without Photo
I.D.
A Pennsylvania Court rendered a decision that brought a great sigh of relief to many after
national controversy surrounding voter identification laws in battleground states that could
potentially impede many citizens’ ability to vote in the 2012 presidential election. During the
primaries, a new Pennsylvania law required voters to submit photo identification to cast their
ballots, and those without the requisite photo identification were precluded from voting. The
effect of this law potentially would preclude young voters, elderly voters, and minority voters
from casting their ballots.
In a recent decision, however, Pennsylvania Commonwealth Court Judge Robert E.
Simpson, Jr. upheld the law requiring voters to have photo identification, but blocked it from
taking effect until after the November 6 election. The court found that authorities had not
done enough to ensure that voters had “liberal access” to photo identification cards.
The effect of this ruling affords Pennsylvania voters without state-approved photo
identification the opportunity to cast their ballots on Election Day and without provisional
ballots. Other states that have also relaxed their voter identification laws include Texas and
Wisconsin, and the U.S. Department of Justice has blocked a similar law in South Carolina.
Like Pennsylvania, New Hampshire has a similar voter identification law that allows voters
without a photo I.D. to cast their ballots on Election Day, but voters must submit proof of their
identity within one month of casting their ballot. Strict voter I.D. laws remain in Kansas,
Indiana, Georgia and Tennessee; less concern, however, has been voiced over these laws,
as they are not battleground states.
While Judge Simpson’s ruling is deemed a great victory for many, it is still unclear whether
his decision is the “final say” on Pennsylvania’s voter identification laws, which may be
appealed. Despite the uncertainty of the law’s permanency, Pennsylvania has already issued
13,000 photo identification cards—solely for the purpose of voting.
Keywords: pro bono, public interest, litigation, Election Day, voter identification, voter I.D.
—Joy B. Tolliver, Esq. is an attorney and adjunct professor in New Jersey.
October 5, 2012
Women, Children, and International Human Rights
This month, on October 18 and 19, the Avon Global Center for Women and Justice will host
its third annual conference on international human rights issues affecting women and
children. Last year, the Avon Center partnered with Jindal Global Law School to host a
conference in New Delhi, India, focusing on gender-based violence and justice in South Asia.
This year’s conference will address sexual violence against girls in southern Africa. This topic
is also the focus of a study and report conducted by the Avon Center, the Cornell Law School
International Human Rights Clinic, and Women and Law in Southern Africa Research and
Educational Trust. The report will be launched at the conference and its findings be discussed
at the conference events.
Research for this report was conducted by faculty and students from Cornell Law School,
who traveled to Zambia to interview government officials, school teachers, administrators,
and children. Focusing on sexual violence in schools, one of many settings for sexual
violence throughout Southern Africa, the researchers found that in Southern Africa, girls are
raped, sexually abused, assaulted, and harassed by strangers, teachers, and peers while
attending school. The researchers also found that many of these incidences of sexual
violence are unaddressed because the victims are ignored by school and government
officials. They also found that many girls do not report sexual violence because they fear
further victimization. These findings, along with a study of Zambian law, were complied by
authors in the report, which highlights their concerns and makes recommendations about
how to address and reduce this violence. The conference will be held at Cornell Law School
in Ithaca, NY, where the Avon Center is located.
UN Special Rapporteur on Violence Against Women, Rashida Manjoo, will be giving the
keynote address on Thursday, October 18. A report launch and consultationfeaturing the
report on sexual violence against girls in schools in Zambia will also be held on Thursday.
This event is cosponsored by the U.S. Embassy in Zambia and will be open to the public.
While the event is taking place in Ithaca, the U.S. Embassy will host a simultaneous event in
Lusaka, Zambia, and connect participants in the two countries via video conference. This
parallel conference will allow participants to begin a dialogue with Zambian policy makers
regarding the concerns and recommendations raised in the report. In Ithaca, members of the
panel will include judges from the United States and Africa. In Lusaka, participants will
include Zambian government officials, including the Ministry of Education, police, and
judiciary, as well as representatives of civil society organizations. For more information visit
the Avon Center or contact Leigh Blomgren.
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
Keywords: pro bono, public interest, litigation, family law litigation
—Alison Bain-Lucey is an associate with Weil, Gotshal & Manges LLP in New York,
NY.
September 24, 2012
Giving for a Living: The Benefits of Pro Bono Litigation
For a young lawyer and new solo practitioner, valuable experience can be hard to come by. It
was my search for this kind of experience that led me to the great benefits of pro bono work.
After working as an assistant public defender for several years, the increasingly
overwhelming caseloads, lack of resources, and low pay began to take its toll. It was then
that I decided to hang out a shingle. Leaving the stability of a government position to ride out
the unpredictable waves of entrepreneurship was something of a gutsy move, but it’s a move
that, for me, has a worth far greater than any potential risk. The success that I have found in
my practice is due, in great part, to pro bono work.
Although I was well versed in criminal law and practice when I left the Maryland Office of the
Public Defender, I had no other significant legal experience. I was looking for a way to gain
experience in another area of practice when I found a local law clinic where the cost of
membership was simply accepting one pro bono case from its resource center. From my first
case, I not only found the experience I was looking for, I felt the reward of serving an
underprivileged client. Additionally—as is the case with many pro bono programs—there was
mentoring, malpractice insurance, sample forms and more.
Ultimately, I learned as Winston Churchill said: “You make a living by what you get; you
make a life by what you give.”
Working with the pro bono program helped me realize my obligation to help in the equal
justice mission. Pursuing that obligation has proven more and more rewarding—so much so,
that pro bono work is now a part of my practice.
Keywords: pro bono, public interest, litigation, solo practitioner, law clinic
—Sabrina Richardson, Esq. is the principal of the Law Office of Sabrina C.
Richardson in Largo, Maryland.
September 10, 2012
Attorneys Ad Litem Essential Aid for Foster Children
Children are our nation’s future, and also the most vulnerable and underserved population in
our legal system—especially children in foster care. Many foster children are awaiting
permanent placement in homes and desperately need pro bono attorneys ad litem (AAL) to
represent them.
When children receive assistance from AAL, their chances of achieving permanency and
stability in their homes and their education increase substantially. The Jacksonville, Florida
bar is one legal community that has taken great strides to address this urgent need by
recruiting and training pro bono attorneys. The tremendous collaborative efforts of the
Jacksonville Bar Association’s (JBA) Protecting Our Children Section, Legal Needs of
Children Committee, AAL Sub-Committee, and Pro Bono Committee, along with Jacksonville
Area Legal Aid and the Fourth Judicial Circuit Pro Bono Committee, have provided worthy
and deserving children with an opportunity to have their voices heard, their needs met, and
for some, the miracle of a home and loving family.
New pro bono AAL are given a 30-day preparation period during which they are provided
CLE courses that they can take at their convenience. After the preparation period, a
Dependency Court Judge appoints AAL, and the attorneys are provided with regular lunch
and learning opportunities, where they can meet with other AAL and receive recent court
decisions, legislative updates, and dependency practice tips. Pro Bono AAL may also
request experienced mentors to guide them throughout their cases, while Jacksonville Area
Legal Aid provides professional liability coverage, additional CLE training, and meeting
space.
As attorneys, we have an ethical duty to provide legal services to those in the greatest need.
Becoming one of the AAL is one of the greatest pro bono opportunities we can take on behalf
of children in foster care. To get involved, check your state bar for more information. For
those in Florida, go to http://www.floridaschildrenfirst.org/ for more information.
Keywords: litigation, pro bono, public interest, ad litem, foster care
—Joy B. Tolliver, Esq. is an attorney and adjunct professor in New Jersey.
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
August 31, 2012
Deferred Action Plan Gives Hope to the Undocumented
Hundreds of attorneys across America have offered pro bono services to assist young,
undocumented individuals with applications for consideration of deferred action. Formerly
known as “Consideration of Deferred Action for Childhood Arrivals,” President Barack Obama
used executive order to create this deferral of prosecution program in June 2012. The target
population for this program is those who came to America as children and have lived,
worked, and been educated in America, just as those born in this country.
Approval of the application by the U.S. Department of Homeland Security affords eligible,
undocumented young adults a work permit and the opportunity to remain in the United States
for an additional two years without fear of deportation. The application, which is subject to
renewal, costs $465 and funds the administrative costs of the program, including a biometric
check and the issuance of a secure work-authorization.
Those eligible to request consideration for deferred action include the following:
1. Those under the age of 31 as of June 15, 2012;
2. came to the United States before reaching their 16th birthday;
3. have continuously resided in the United States since June 15, 2007, up
to the present time;
4. were physically present in the United States on June 15, 2012, and at the
time of making their request for consideration of deferred action with
USCIS;
5. entered without inspection before June 15, 2012, or their lawful
immigration status expired as of June 15, 2012;
6. are currently in school, have graduated or obtained a certificate of
completion from high school, have obtained a general education
development (GED) certificate, or are an honorably discharged veteran of
the Coast Guard or Armed Forces of the United States; and
7. have not been convicted of a felony, significant misdemeanor, three or
more other misdemeanors, and do not otherwise pose a threat to
national security or public safety.
While those granted deferred action may remain in the United States for another two years
and not accrue unlawful presence, they also do not have lawful status or public benefits.
Additionally, applicants seeking deferred action have been assured that their information is
protected from disclosure to U.S. Immigration and Customs Enforcement (ICE).
This new immigration policy also aids the Department of Homeland Security in identifying
those who pose a risk to national security, or are a risk to public safety—including those who
have committed violent crimes or are repeat offenders. The Department has noted that its
prosecutorial discretion is used to ensure that enforcement resources are not expended on
low priority cases, such as those who came to the United States as children and have been
law-abiding members of their communities.
The November 2012 presidential election, however, will have a great impact on the
effectiveness and the future of the deferred action program, as it was enacted by executive
order, which can be replaced by another president. In the meantime, thousands of young
adult immigrants can continue to enjoy the freedom that comes with living and working in
America—the only place many of them know as home.
Keywords: litigation, pro bono, public interest, immigration, deferred action, deportation,
customs enforcement, Obama, Department of Homeland Security
—Joy B. Tolliver, Eeq. is an attorney and adjunct professor in New Jersey.
June 22, 2012
Federal Court Finds DOMA Unconstitutional
This month, in Windsor v. The United States, the Southern District of New York held that
the Defense of Marriage Act (DOMA) violates the Fifth Amendment’s equal protection
guarantee. The case challenged DOMA based on the Act’s refusal to recognize same-sex
marriages and the resultant disparate treatment of same-sex couples in the context of estate
taxes. The plaintiff, Edith Windsor, filed suit following the death of her wife, Thea Spyer. After
more than 40 years together, Windsor and Spyer married in Canada in 2007. When Spyer
passed away in 2009, Windsor inherited from her wife, but was forced to pay more than
$350,000 in estate taxes because she did not qualify for the unlimited marital deduction
under 26 U.S.C. 2056 (a) due to DOMA’s failure to recognize her marriage.
Ms. Windsor’s suit was defended by the Bipartisan Legal Advisory Group of the U.S. House
of Representatives (BLAG). The group intervened in 2011, shortly after U.S. Attorney
General Eric Holder’s announcement that the Department of Justice would no longer defend
DOMA.
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
The Windsor decision jointly addresses a motion for summary judgment filed by Ms.
Windsor and a motion to dismiss filed by BLAG. After denying BLAG’s motion to dismiss, the
court considered the standard that should apply to equally protection challenges to
classifications based on sexual orientation. It declined to classify homosexuals as a suspect
class, a matter of first impression in the Second Circuit, after determining that the motion for
summary judgment could be decided on rational basis.
Applying the rational basis test, the court considered a number of reasons offered by the
Intervenor-Defendant for the objective sought by DOMA and means used to meet that
objective, specifically refusing to recognize same-sex marriages. These reasons included
nurturing the traditional institution of marriage, caution, promoting a social understanding that
marriage is related to childrearing, providing children with two parents of the opposite sex,
maintaining consistency in citizens’ eligibility for federal benefits, and conserving federal
resources. After considering each reason individually, the court held that the first four reasons
offered were not logically connected to DOMA and, therefore, were not directly impacted by
its enforcement. Looking to the fifth reason, maintaining consistency in citizens’ eligibility for
federal benefits, the court found that this attempt to regulate the state’s definition of marriage
ran afoul of federalism. Finally, the court held that economic interests, such as conserving
federal resources, could not justify classification where no other rational basis existed. Based
on these findings, the court granted Windsor’s motion for summary judgment and ordered
payment of the excess estate taxes levied under DOMA.
Windsor’s co-counsel in this case, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, are also
co-counsel in a recently filed suit in the EDNY. Like, Windsor, this suit challenges the
constitutionality of DOMA. In this case, the plaintiffs are five same-sex couples, each
comprised of one spouse that is an American citizen and another that is not, that have been
unable to obtain a green card for the non-citizen spouse based on DOMA’s refusal to
recognize same-sex marriages. This case, along with Windsor, will likely join a number of
federal decisions regarding DOMA that are making their way toward the U.S. Supreme Court.
Keywords: pro bono & public interest, litigation, LGBT Litigator
—Alison Bain-Lucey, Weil, Gotshal & Manges, LLP, New York, NY
June 6, 2012
<-->New York Paves the Way with Pro Bono Hours as
Prereq to Law License
New York is known all over the world for its culture, diversity, and opportunity. Many aspiring
lawyers seek to practice law in “The City” not only because of the state’s prestige, but also
because some of the country’s most famous lawyers have hailed from “The Big Apple.”
However, while many know the names of big Wall Street law firms, most do not know about
the thousands of New Yorkers who fail to receive effective legal representation each year
because they simply cannot afford it. Because of the economic downturn, requests for legal
services have risen; but due to budget cuts in state and federal funding for legal services,
there are not enough lawyers to represent those in need. Requests for representation in the
areas of foreclosure, domestic violence, bankruptcy, and worker’s compensation have soared
in recent years. In fact, New York’s Legal Aid Society, which handles more than 300,000
cases each year, must still turn away eight out of every nine New Yorkers who seek their
assistance. Simply put, there are not enough pro bono attorneys to represent the poor.
Seeking to correct this manifest injustice, New York’s Chief Judge Jonathan Lippman
recently decided to add a pro bono requirement as a prerequisite for admission to the New
York State Bar—making it the first state to require bar candidates to perform pro bono work
prior to admission. Judge Lippman ruled that 50 hours of pro bono service must be
completed before a New York law license can be issued. In further support of the pro bono
requirement as a means to address New York’s unmet legal needs, Judge Lippman noted
that about 10,000 bar candidates successfully pass the New York bar each year, which
would yield 500,000 hours in pro bono services for the state’s underprivileged.
The mandatory pro bono requirement not only benefits the underprivileged, but it also
benefits new lawyers, who will have the opportunity to gain practical legal experience early
on in their careers. Some have argued that the pro bono requirement is flawed because it
only requires inexperienced bar candidates to render pro bono services and not currently
practicing, experienced lawyers. The New York State Bar currently encourages but does not
require pro bono work for all its practicing attorneys. However, while the mandatory pro bono
service hours for New York State Bar candidates may not be the perfect solution to the
monumental gap in representation from the privileged to the poor, it is most certainly a step in
the right direction.
Keywords: pro bono, litigation, New York State Bar, Judge Jonathan Lippman, legal aid
—Joy B. Tolliver Esq., Volunteer Lawyer and Legal Professor, Newark, NJ
June 6, 2012
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
<-->The Global Public Service Reach of Patents to Address
Humanitarian Issues
Generally, a patent is used to grant an exclusive right to an inventor to prevent others from
using or distributing the patented invention without permission. Traditionally, patents are
commonplace for inventions, new products, or new technology. In recent years, some
inventors have attempted to patent “thought processes.” For example, in the mid-2000s it
became popular for advisors to attempt to obtain a patent for their tax planning strategies. In
September 2011, however, Congress banned new patents for tax strategies.
More recently, patents have become instrumental in humanitarian issues. On February 8,
2012, at a White House event to highlight President Obama’s Global Development Policy, the
United States Patent and Trademark Office (USPTO) Director announced the “Patents for
Humanity” pilot program. The Patents for Humanity program creates business incentives for
patent holders to engage in humanitarian issues. USPTO launched Patents for Humanity in
response to President Obama’s Global Development Policy call for “investments in gamechanging innovation to accelerate progress toward development goals in health, food
security, climate change, energy and environmental sustainability, and broad-based
economic growth.” Under this program, inventors who successfully use their patented
technology or products to address humanitarian needs in underserved regions of the world
will receive a certificate to accelerate a patent application, an appeal, or an ex parte
reexamination proceeding before the USPTO.
In furtherance of the Patents for Humanity program, as well as President Obama’s Global
Development Policy, the ABA, Section of International Law: International Pro Bono
Committee, will host a teleconference program regarding the “Humanitarian Uses of Patents”
on September 27, 2012, at 12:00 p.m., Eastern Time. The telephone conference will feature
an interactive discussion about humanitarian uses of patents that serve the needs of the
world’s poorest populations while respecting the commercial interests and pragmatic and
legal considerations of patent holders.
Keywords: pro bono, litigation, patent, humanitarian, policy
—Kathleen A. Agbayani, Esq., is an associate in the North American Tax Practice
Group at Baker & McKenzie, Washington, D.C.
May 4, 2012
New York’s Domestic Violence Court Used as Model Abroad
In 2003 New York began a new initiative to address domestic violence in the criminal justice
system, establishing integrated domestic violence (IDV) courts in a number of towns and
cities across the state. In an interview with the Avon Global Center for Women and Justice,
Judge John C. Rowley, who presides over the IDV court in Ithaca, NY, explained that the
courts are dedicated to the “one-family––one judge” model. According to Judge Rawley, the
model is designed to increase consistency and decrease the number of court appearances a
family must make. The model also allows greater access to victim services and increases
offender accountability.
Judge Rowley’s IDV court in Tompkins County has a number of key features that relate not
only to the victim and the offender, but also to the larger family, particularly children, affected
by the domestic dispute. The “one family––one judge model” allows the judge to stay current
on the information relating to the family he or she is working with and to handle all domestic
matters in a consistent way. Additionally, the model allows judges to better coordinate with
community responses to domestic violence, including collaborating with child welfare
agencies and community groups offering assistance to both domestic violence victims and
their children.
This same model, considered a progressive approach within the U.S. legal system, is now
being adopted or contemplated internationally in countries where women continue to face
serious threats to their personal rights and autonomy. In India, the New Delhi High Court,
among others, has begun using the IDV model to address domestic violence. Similarly,
national laws in Sri Lanka, Ghana, Sierra Leone, Brazil, and the Caribbean have been
enacted to create specialized courts to address domestic violence cases. These courts
represent a large step for women’s rights around the world and offer hope for women in
countries where domestic and gender-based violence often go unaddressed due to cultural
norms and a general lack of access to justice for women. For further on information on IDV
courts and the International Women’s Rights movement please visit the Avon Global Center
for Women and Justice.
Keywords: pro bono & public interest, litigation, family law litigation
—Leigh Blomgren, Women and Justice Fellow, Avon Global Center for Women
and Justice.
—Alison Bain-Lucey, Weil, Gotshal and Manges, LLP
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
April 16, 2012
Angel and Gulf Justice Consortium Win John Minor Wisdom
Awards
The ABA Section of Litigation is proud to present the 2012 John Minor Wisdom Award to Eric
Angel, executive director of the Legal Aid Society of the District of Columbia, and the Gulf
Justice Consortium, a joint venture of legal-aid programs designed to address issues arising
from the BP/Deepwater oil disaster. The awards will be presented on Friday, April 20, 2012,
at the Section of Litigation’s Annual CLE Conference in Washington, D.C.
This very prestigious award is named after the late Judge John Minor Wisdom, who served
on the Fifth Circuit during the 1950s and 1960s, when the circuit was recognized for
advancing the civil rights of African Americans during a time of great racial segregation. In
1993, President Clinton awarded Judge Wisdom the Presidential Medal of Freedom, and, in
1994, the Fifth Circuit’s headquarters in New Orleans was renamed the John Minor Wisdom
U.S. Court of Appeals Building. Judge Wisdom died in 1999 at the age of 93.
Each year, the recipients of the John Minor Wisdom award are those who have made
outstanding strides and contributions to the attainment of justice and the accessibility of legal
services for underrepresented populations. This year, Angel and the Gulf Justice Consortium
will be honored for continuing this tradition of excellence in public service.
Eric Angel
As executive director of the Legal Aid Society for the District of Columbia, Angel developed
court-based advocacy programs to provide assistance to litigants in the Paternity and Child
Support Branch and the Landlord/Tenant Branch. Angel’s leadership also established a
domestic violence intake center at United Medical Center, a medical legal/partnership in the
Town Hall Education Arts Recreation Campus, programs to help underrepresented litigants
with foreclosure mediation, and unemployment insurance and assistance for veterans.
Additionally, Angel oversaw several class-action lawsuits that resulted in an award of several
million dollars for low-income families for housing, food stamps, and other essentials. Angel,
known for his unwavering commitment to public service, embodies the essence and spirit of
the John Minor Wisdom Award.
Gulf Justice Consortium
After the devastating explosion of the Deepwater Horizon oil platform in April 2010, many
public-interest lawyers rallied their efforts to assist the thousands of business owners,
families, and restaurants that lost their livelihoods. These lawyers formed the Gulf Justice
Consortium to provide direct representation for the thousands of families and businesses
who were victims of the oil disaster. In June 2010, BP established a $20 million dollar claims
fund to compensate the victims. Since June 2010, the legal services provided by the Gulf
Justice Consortium have provided justice for thousands of victims, thus reflecting the publicservice legacy of Judge Wisdom.
Read more about this year’s recipients of the John Minor Wisdom Award in the upcoming
May issue of the Pro Bono and Public Interest Committee newsletter.
Keywords: pro bono, litigation, John Minor Wisdom, Fifth Circuit, Eric Angel, Gulf Justice
Consortium, Section of Litigation
—Biff Sowell, Esq., Sowell Gray Stepp & Laffitte, LLC, Columbia, SC
March 29, 2012
How to Resolve Ethical Issues in Pro Bono Matters
A hypo for you: You are the court-assigned lawyer for a parent in a child-protective
proceeding in juvenile court. Your client is the parent of two minor children. The youngest
child was removed from your client’s custody at the hospital where she was born. Your client
is charged with neglecting both of her children because she tested positive for drug use
during her pregnancy and failed to enroll in a drug-treatment program. You met your client
when the case was first brought to court four months ago and you’ve met with her in your
office twice since then. She appeared with you in court two months ago when the case was
scheduled for trial. On the day of the trial, your client does not come to court. You try to
contact her that morning, but to no avail. You are now in the courtroom, and the judge has
denied your request for an adjournment and orders the petitioning child-protective agency to
proceed with an inquest, a proceeding held in the absence of respondent parents. As the pro
bono attorney, what are your available options at this point?
We are all encouraged to handle pro bono matters. Essentially, it is a part of our duty as
lawyers to use our degrees for the benefit of those with limited access to effective legal
representation. In fact, the ABA’s Model Rule of Professional Conduct 6.1 notes, “every
lawyer, regardless of professional prominence or professional workload, has a responsibility
to provide legal services to those unable to pay.” But what happens when the pro bono
matter goes terribly wrong? As seen in the hypo above, what if the pro bono client fails to
appear at a hearing in family court, or what if you suspect that the client has ill motives in a
power-of-attorney matter? These issues, along with many other pro bono ethical dilemmas,
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
were addressed at a seminar hosted by the Practicing Law Institute. The seminar, “Ethical
Issues in Pro Bono Representation,” featured the nation’s top pro bono and public interest
attorneys as panelists, including Madeline Schachter, partner and global director of corporate
social responsibility at Baker & McKenzie; Bruce Green, professor and director of the Louis
Stein Center for Law and Ethics at Fordham University School of Law; Martin Guggenheim,
Fiorello LaGuardia Professor of Clinical Law at NYU School of Law; Michael Scherz, senior
litigation counsel at Lawyers for Children; and April A. Newbauer, attorney-in-charge,
Queens Neighborhood Office, Legal Aid Society. Schachter, a consultant on best practices in
pro bono matters, noted that it is essential to “cultivate a culture that encourages lawyers to
take on pro bono work while making sure that it’s done in a manner that’s consistent with
professional ethics and responsibilities.” The panelists suggested the following to ensure best
practices in handling pro bono matters:
Identify the client.
This identification is essential for the pro bono client and also for the lawyer. The lawyer
owes a duty of loyalty and confidentiality to the client and must know the specific person or
persons to whom this duty is owed. For example, a pro bono matter may include a mother
and her two minor children. Does the lawyer represent the mother? The children? Both?
Provide an engagement letter to the client.
One will often find that pro bono matters encompass a wide range of legal issues, and there
must be a meeting of the minds between the lawyer and client as to the issues that the
attorney will address and those that the attorney will not address. The letter of engagement
not only identifies the client but also identifies and clarifies the scope of the representation,
the specific service that the lawyer will provide to the pro bono client, and the point at which
representation will end. Although an engagement letter for a pro bono client is not required
because the client is not paying a “fee” to the attorney, it is best practice to include an
engagement letter, just as one would provide to a paying client.
In sum, treat your pro bono matter with the same due diligence, professionalism, and ethical
considerations that you would a paying client. It could just be your most rewarding experience
yet!
Watch the Practicing Law Institute’s seminar on “Ethical Issues in Pro Bono Representation.”
Keywords: litigation,ethical, pro bono, dilemma
—Joy B. Tolliver Esq., Volunteer Lawyer and Legal Professor, Newark, NJ
March 29, 2012
Public Interest Group Increases Immigrant Access to Legal
Advice
This month, Pro Bono Net announced that its partner, CitizenshipWorks, has launched a textmessaging service that will increase immigrants’ access to free or low-cost legal advice
regarding the naturalization process. CitizenshipWorks operates primarily online, and
provides resources to further its goal of increasing the naturalization rates among eligible
immigrants. Individuals seeking local legal assistance can obtain references in either English
or Spanish through CitizenshipWorks by text messaging “citizenship” or “ciudadania” to
877877. CitizenshipWorks will respond to the text message by providing the location and
contact information of local legal-services providers. CitizenshipWorks will also provide
general information about the naturalization process, as well as details about any
naturalization-assistance programs being held in the individual’s community.
In addition to its text-messaging program, the CitizenshipWorks website provides online tools
to assist with the naturalization process, including an online tutorial about how to prepare for
the naturalization tests. CitizenshipWorks has also held free community clinics to provide
information to individuals seeking information or assistance regarding the naturalization
process. The text-messaging program marks a unique development in this area of legal
services by using a national network to assist individuals in need of services at a local level.
This service will likely provide welcome support to many immigrants. U.S. residents who do
not have citizenship face many hurdles in day-to-day life, including ineligibility for a driver’s
license in certain states, and limitations in employment due to a lack of documentation.
Additionally, recent state laws such as the controversial Support Our Law Enforcement and
Safe Neighborhoods Act in Arizona have brought increased political, legal, and social
attention to immigrants’ citizenship status. According to a news piece posted by Pro Bono
Net, however, many immigrants may actually be eligible for naturalization, but lack the
knowledge and resources necessary to achieve that status. Pro Bono Net notes that as many
as 8.5 million individuals are eligible to apply for citizenship, but only about 1 million are
actually granted citizenship through naturalization each year. CitizenshipWorks and its
partners hope that new approaches, such as this text-messaging program, will help provide
the missing link between legal services that are already available nationwide and the
individuals that need them, and increase the number of individuals granted citizenship
through naturalization.
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
Keywords: litigation, pro bono, immigrant, naturalization, citizenship
—Alison Bain-Lucey, Cornell University, New York, NY
December 22, 2011
Budget Cuts Leave Fewer Attorneys for the Poor
Nationally known New Jersey Governor Chris Christie has approved state budget cuts that
have eliminated certain free legal services for qualifying residents. Since 1966, Legal
Services of New Jersey (Legal Services) has provided free representation to residents whose
annual income is 200 percent below the federal poverty level (e.g., a family of three with an
annual income of $37,000 or less). Qualifying residents have received free representation for
matters including divorce, landlord-tenant disputes, child support, and social security. Under
this administration’s budget cuts, Legal Services will no longer handle divorces and other
family law issues, forcing indigent residents to find other sources for free legal
representation.
In fact, Legal Services’ operating budget plummeted from $72 million in 2008 to $42 million in
2011. The state’s budget for Legal Services dropped from $29.6 million in 2010 to $19.9
million in 2011 to a proposed $14.9 million in 2012. New Jersey’s legislature attempted to
restore $5 million to Legal Services in the 2012 fiscal year budget; however, the governor
line-item vetoed the $5 million and, what is worse, cut an additional $5 million from the
budget.
Legal Services is comprised of seven different offices, each with its own board and budgeting
system; however, due to state budget cuts, some offices are forced to close, attorneys are
being laid off, and 65 percent of those seeking representation will be turned away. Prior to
these stringent budget cuts, Legal Services was able to serve one out of every seven
persons who sought help. Now, with fewer attorneys available, Legal Services will assist
approximately 5,500 fewer clients this year.
Keywords: budget cuts, New Jersey, Legal Services of New Jersey
—Joy B. Tolliver, Esq., New Jersey
December 16, 2011
White House Recognizes Legal Aid Attorneys as Champions
of Change
On October 13, 2011, the White House honored four attorneys from legal aid programs
funded by the Legal Services Corporation (LSC) who have dedicated their careers to
providing justice for populations most in need. President Obama’s “Winning the Future
Initiative” seeks to recognize those whose professional and personal pursuits have inspired
others. Deemed “champions of change,” the honorees included David Hall, executive director
of Texas RioGrande Legal Aid; Nan Heald, executive director of Pine Tree Legal Assistance
in Maine; Lillian Johnson, executive director of Community Legal Services in Phoenix; and
Addison Parker, former litigation director at the Appalachian Research and Defense Fund of
Kentucky.
David Hall led RioGrande Legal Aid since 1975 and was selected by the Texas Lawyer as
one of 100 lawyers who have shaped Texas’s legal history. Nan Heald has led Pine Tree
Legal Assistance since 1990 and has used technology to expand access to legal resources
for underrepresented populations. Lillian Johnson has led Community Legal Services since
1982, and serves on boards and committees to enhance access to civil legal assistance.
Addison Parker retired in June 2011 after 32 years with the Appalachian Research and
Defense Fund and now provides pro bono services to the LSC. Visit the White House’s
website for more information on the Champions of Change program.
Keywords: White House, legal aid, champions of change
—Joy B. Tolliver, Esq., New Jersey
December 14, 2011
Wal-Mart Launches Medical-Legal Pro Bono Services
In spring 2012, Wal-Mart will launch its Medical-Legal Partnership (MLP) with the Arkansas
Children’s Hospital and Legal Aid of Arkansas. The MLP will include onsite and virtual pro
bono opportunities for Wal-Mart attorneys and legal staff. When doctors suspect that a legal
issue may be affecting the health of their patients, they will refer patients to attorneys for
legal assistance.
The MLP concept has also gained great traction within the federal government. In July 2010,
the United States Congress adopted the bi-partisan Medical-Legal Partnership for Health Act,
which designates $10 million in federal funding for MLPs and authorizes the U.S. Department
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
of Health and Human Services to provide grants for MLPs nationwide. In 2010 alone, MLPs
served patients at more than 225 hospitals and in health centers across 38 states. Through
these programs, more than 13,000 individuals and families received legal assistance.
Furthermore, over 10,000 medical professionals received training on the connections
between poverty and health and learned how to identify unmet legal needs through a medical
check-up. In furtherance of meeting this need, Wal-Mart aims to bring the MLP to children’s
hospitals across the country.
Keywords: Wal-Mart, medical-legal partnership, Medical-Legal Partnership for Health Act
—Joy B. Tolliver, Esq., New Jersey
April 6, 2011
Stateside Legal Help for Military Families
The American Bar Association's Military Pro Bono Project connects active-duty military
personnel and their families to free legal assistance for civil legal issues beyond the scope of
services provided by a military legal assistance office. The Project accepts case referrals for
limited civil-law matters on behalf of income-eligible service members from military legal
assistance offices worldwide, and then places these cases with volunteer pro bono attorneys
anywhere in the United States the legal representation is needed. You can find cases
currently available for pro bono assistance here, and examples of the good work done by our
volunteers here.
—Dawn M. Du Verney, Esq., Social Security Administration, Philadelphia, PA
April 6, 2011
Illinois Governor Signs Bill Abolishing Death Penalty
On March 9, 2011, 11 years after Illinois passed a moratorium on capital punishment,
Governor Pat Quinn signed a bill abolishing the death penalty.
Back in January, Illinois lawmakers voted to do away with capital punishment. The governor
then spent the following two months speaking with prosecutors, victims' families, death
penalty opponents, and religious leaders before making a decision, according to the
Associated Press. "I think if you abolish the death penalty in Illinois, we should abolish it for
everyone," the governor said.
Governor Quinn was joined by colleagues and supporters at his Springfield office when he
signed the bill to outlaw Illinois’ death penalty. The ban takes effect on July 1, and makes
Illinois the fourth state in the past two years—following New York, New Jersey, and New
Mexico—to abolish capital punishment.
Quinn also commuted the sentences of all 15 inmates remaining on Illinois’ death row. Five
of the 17 people across the country who were proven innocent by DNA testing after serving
time on death row were from Illinois.
» Read more: NPR.org
—Dawn M. Du Verney, Esq., Social Security Administration, Philadelphia, PA
April 6, 2011
Minnesota Supreme Court Extends Licensing Fees for
Indigent Legal Services
The Minnesota Lawyer reports that the state's highest court has extended two fees on
attorney licensing renewals as a means of increasing funding for indigent legal services. "The
Minnesota Supreme Court has extended a $75 increase to the lawyer registration fee to help
fund the state's public defense system and made a $25 increase for legal services
permanent. The increases were sought by the Minnesota Board of Public Defense and the
Legal Services Advisory Committee."
» Read more: Minnesota Lawyer
—Dawn M. Du Verney, Esq., Social Security Administration, Philadelphia, PA
New ABA Study Reveals Three-Fourths of Lawyers Provide
Pro Bono Work to Poor
A study done by the ABA Standing Committee on Pro Bono and Public Service reveals,
among other findings, that nearly three-fourths of U.S. attorneys provide free legal services to
disadvantaged individuals or organizations that serve them.
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News & Developments | Pro Bono & Public Interest | ABA Section of Litigation
» Read the full report
Pro Bono Work at Law Firms Picks Up as Economy Falters
With the economic downturn and resulting fall in billable hours, law firms are seeing and
encouraging greater involvement in pro bono work.
» Read more from AmLaw Daily
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