In May 1997, a federal judge asked John Nelson, a partner in Foster Pepper PLLC’s litigation group, to represent a prisoner pro bono. The prisoner had a pro se claim for cruel and unusual punishment (constant illumination in solitary confinement) that had survived the State’s motion for summary judgment and was going to trial. “Just represent him at trial so things go smoothly,” said the judge.
Two years and several hundred hours of work later (two more motions for summary judgment, a dozen depositions, three expert witnesses, etc.), Nelson finally was done with the case. The discrete pro bono case that turned into a two-year litigation monster would be enough to scare most attorneys away from pro bono for at least a decade or so. But not Nelson. In his opinion, attorneys should be committed to represent a person pro bono with the same energy and enthusiasm they would give to a billing client — no matter what it takes.
And Nelson lives by this ideology. He has worked on multiple complex and meaningful pro bono matters even after dealing with some particularly difficult cases. He believes that while a fear of commitment to pro bono representation in attorneys may be natural, it also is surmountable.
“I was afraid to ask my wife out on our first date,” Nelson said. “I was afraid to drop into the Baldy Chutes the first time I skied them (hell, I was afraid to hike up to the drop in). I was afraid to try my annual ‘back flip off the boat’ trick at the lake this summer (and failed fairly spectacularly). Nonetheless, I was glad I did (or tried) all of them afterward. It is all a matter of taking the right steps toward getting over the fear.”
The first step is carefully choosing to represent people who deserve to be well represented in their quest for justice through our legal system. The second step is taking on one case at a time to avoid overextending oneself with pro bono commitments.
“If I can resolve a [pro bono] case quickly, I can look to take on another. If the case gets hairy and requires a greater effort, I can do whatever is needed in that case with knowledge that I won’t have two or more cases blow up on me,” Nelson said.
The third step is honestly evaluating your abilities and the time it will take you to complete a pro bono matter. Bruce MacIntyre, a partner in Perkins Coie’s business practice, has never had a pro bono matter that took only what he thought it might take at the start. And yet, his appreciation for pro bono work has not diminished.
“From every pro bono case I gain a new appreciation of how truly fortunate I and my family are,” MacIntyre said. “Not everyone lives in the same world that we do and there is nothing like a good messy parental rights termination trial or a garnishment case to remind me of that.”
MacIntyre dispels any fear of pro bono by being honest with himself, organized and focused on his docket. Learning to focus his pro bono work on just a few types of cases, even though he has access to many other worthwhile opportunities, has allowed him to keep his pro bono docket manageable.
“Sticking with one or two types of pro bono work not only helps me balance the workload, it also allows me to really learn something about the areas I do work in,” said MacIntyre. He takes on discrete projects and is not afraid to say “no” if he really does not have the time, but makes himself available later when other opportunities arise during the year.
Fear of the Unknown
Getting stuck with a monster litigation matter with no end in sight is not the only reason attorneys shy away from pro bono. Another big hesitation is taking on cases outside of one’s primary area of practice. But for Mike Schechter, an associate in Foster Pepper’s litigation group, taking on non-litigation matters is an exciting professional development opportunity that is nothing to be afraid of.
“Although it is important to have proper support available, taking cases in areas of law in which I’m interested, but do not practice, is an important facet of why I do pro bono,” he said. Schechter believes that if you carefully contemplate the types of pro bono cases you take on, how much time you have to contribute and the resources you have access to, you will take on matters that are within your abilities (even if outside of your usual area of practice) and will have no reason to fear pro bono.
Just last year, Schechter successfully assisted an immigrant with limited means in obtaining legal permanent residence before the U.S. Immigration Court. To maintain control over this new area of immigration law, Schechter kept the representation limited to the specific legal issue for which he was initially engaged.
“Indigent clients often have a number of legal problems happening concurrently and may not understand that you only represent them on one of those issues,” he said.
Although pro bono work frequently forces lawyers to operate outside of their comfort zones, Brian Eiting, an associate in Perkins Coie’s business practice group, believes it is natural to feel apprehensive or “fearful” of trying something unfamiliar, particularly as a professional. “However, I think that is what makes pro bono work particularly interesting — the opportunity to try something new,” he said.
Trying something new is what inspired Gloria Hong, an associate in the Stoel Rives commercial litigation group, to work on multiple pro bono matters outside of her primary practice area, dealing with immigration, civil rights and Section 8 housing issues.
“All of these projects presented interesting issues and allowed me to gain experiences that a young lawyer in a law firm often does not get an opportunity to experience in their first two years,” she said. Through her pro bono work, Hong had the opportunity to manage cases from start to finish, conduct a number of depositions and gain valuable trial experience.
In addition to the opportunity to enhance one’s skill set, pro bono is a great opportunity to engage in in-house teamwork on a new and exciting area of law. According to Rita Latsinova, a principal in the Stoel Rives litigation group, “If you like to learn new things, why not use the pro bono opportunity as a way to learn a new area of law? If the case involves a large commitment of time, invite others at your firm (or other firms) to collaborate.”
If you have never taken on a pro bono case and want to try, Nelson’s advice is to “start with baby steps.” The best method is to find another attorney who is handling a matter in which you can add value and offer to help. Don’t be afraid to take on pro bono matters and “don’t be afraid to ask for help if you need it — we’re all in this together,” he said.
So be brave: Commit to do a certain minimum amount of pro bono work in a year and manage your performance against that commitment just as you would a billable hour commitment.
“I think you’ll be glad you did,” Nelson said. “I view my Pro Bono Publico Service Commendation with as much pride as any professional accolade I have ever received. I can say that some of my pro bono cases have been the most personally rewarding matters I have handled over the years.”
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Joanna Plichta is pro bono counsel for Foster Pepper PLLC. She directs and manages the firm’s wide-ranging pro bono projects, coordinates the Summer Associate’s Pro Bono Program, serves as a liaison to local public interest organizations and advises the firm on pro bono policy. Plichta maintains a general pro bono practice with a primary focus on providing legal representation to persons of indigent means, immigrants, low-income women and non-profit entities. She can be reached at 206-447-5144 or PlicJ@foster.com.
