Vol. 63, No. 8 | September 2006
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Pro Bono Work
By Patrick J. Kelly

On our journey through life all of us eventually come to the same destination. I had a good friend from the Great Cheyenne Nation who always spoke of our “trials and paths” to that destination. His words carry the wisdom of a thousand generations, “Remember the path you select is the most important path to you and those around you.”

Every day Minnesota attorneys select a path involving pro bono service to their communities, whether it is the Thief River Falls attorney freely assisting a family in need of benefits or the Marshall attorney donating her time to assist a nonprofit organization in a contract issue.

 

The Human Side

Pro bono service is demanding, but offers many rewards to compensate.  For example, many Minnesota lawyers can likely relate to this situation:  The day is winding down and the issues that were challenging in the early morning have been resolved or are on a steady course to resolution.  You’re thinking that you have consumed too much coffee or Mountain Dew — the breakfast of champions — and haven’t had enough exercise.  Your computer check informs you that today’s the day you have committed to volunteer at the local Legal Aid office.  You’re tired and the feeling of fatigue is coming in waves. Tomorrow’s horizon appears to be shadowed with storms. 

As you arrive at the Legal Aid office the day’s activities are momentarily forgotten as you are greeted by staff with genuine appreciation coupled with freshly brewed coffee and homemade cookies. Not bad considering you passed on lunch. One of your client assignments is a man who’s been living in his car with two children for the last three days. He has been shut out from his rat trap dwelling because of a dispute with his landlord.  Suddenly, everything is in focus and this morning’s issues seem distant.

Minnesota lawyers share the responsibility to represent those who have meritorious claims but lack the financial ability to pursue them. Perhaps ever more than responsibility we have the privilege to recall that our work is necessary, valued and deeply meaningful.  The exercise and expertise that one gains from volunteering far exceeds sharpening unused knowledge of a specific area of law.  We answer the call to aid those who need access to justice and cannot afford legal representation.  The value to the profession is priceless and the value to those in need is monumental.

 

Multifacted Effort

The Minnesota State Bar Association (MSBA) has a long and exceptional history of promoting pro bono efforts.  As a result, the MSBA has earned a national reputation as an innovator in supporting the delivery of pro bono legal services. Much of this success is the result of an important collaborative relationship between the private bar, federally funded legal services programs, community legal services providers, the judiciary, and elected representatives.  Each of these important stakeholders contributes to the MSBA’s efforts through the donation of volunteer time, effective advocacy on the state and federal levels for increased funding, and willingness to help increase awareness within the legal community about the professional obligation to support pro bono.

The MSBA itself, ably supported by three dedicated staff members tasked with increasing access to pro bono legal services, supports and promotes pro bono service through a variety of organizations and mechanisms, some of which offer members opportunities for direct service. The MSBA’s Legal Assistance to the Disadvantaged (LAD) Committee, for example, has nearly 50 active members and provides a terrific opportunity to get involved in policy issues affecting access to justice statewide. If you are interested in representing a client be sure to visit the MSBA’s Pro Bono Opportunities Directory on ProJusticeMn.org. Once you have a case, the website also offers resources to assist your practice. And if addressing the legal needs of deployed soldiers and their families interests you, sign up for the MSBA Military Law Committee’s listserv that links volunteer attorneys with service members. Finally, the Minnesota State Bar Foundation gives out dozens of grants every year that support legal aid and pro bono programs. Openings for foundation board service are usually posted each spring.

The MSBA also works directly with several organizational bodies to develop resources for legal aid and pro bono programs . The Legal Services Planning Committee, appointed by the Minnesota Supreme Court, identifies and evaluates needs on a statewide basis in order to determine best practices for delivering services. The Minnesota Volunteer Attorney (MVAP) program supports the activities of pro bono coordinators throughout the state, who in turn recruit volunteer attorneys and pair them with clients. The Pro Bono Roundtable helps legal aid and pro bono programs to place cases that they cannot readily handle inhouse, providing many exciting opportunities for collaboration with members of the private bar.

While the MSBA is thus involved on many levels to promote pro bono to Minnesota attorneys, the ultimate objective is delivery of services. By this measure we are doing well, but can certainly do better.  Within the last year legal aid and volunteer attorney programs throughout Minnesota reported 8,953 closed pro bono cases.  An additional 2,008 cases were handled and closed on a reduced fee and pro bono basis through judicare programs.  Nearly 1,900 lawyers volunteered to handle nearly 11,000 cases.

We all share the responsibility to represent those who have meritorious claims but lack the financial wherewithal to pursue their claims without help.  In truth, representation of disadvantaged clients is an opportunity masquerading as responsibility. Take this path, this year, if only for a couple of hours, and there will be soft summer days when we all reach our destination.


PATRICK J. KELLY is president of the Minnesota State Bar Association. A founding partner in the St. Paul law firm Kelly & Fawcett. P.A., he practices in areas of municipal law, labor and employment law and litigation, real estate, and administrative hearings.