Direct Representation Programs: Once contacted by a client, KCBA CLS staff members screen the client for financial eligibility. CLS staff attorneys review the case for legal merit. At this point, the appropriate program manager begins contacting attorneys on the panel for the specific case type. If you receive a call from a program manager, please return the call at your earliest convenience…even if it is to decline the case. If you are interested in the case about which a program manager has contacted you, the program manager can give you more information about the case, send you parties’ names for a conflict check, and forward documentation and contact information to you. Once confirmed, the program manager will call and issue a letter to the client with your contact information. Typically, the client is responsible for scheduling an appointment with your office.
Clinic Programs: After completing the initial required training, the person responsible for scheduling (generally program or clinic coordinator) will contact you for your availability and scheduling requests. Check with the program manager for scheduling specifics.
Am I covered under KCBA’s malpractice insurance?
The CLS programs carry malpractice insurance for volunteers for cases taken through our programs or for your services provided at our clinics. If you have malpractice insurance of your own, through a firm, or through another employer, that malpractice insurance may also cover your pro bono work.
Does KCBA have space I can use to meet with clients?
Generally yes, though the rooms at KCBA are in demand – particularly around the noon hour. You must schedule a conference room in advance with the program manager. Contact the program manager with a number of possible days and times. The program manager will confirm the appointment time with you. You may also receive mail at KCBA if you cannot receive mail relating to your pro bono cases at your place of employment.
My client speaks a language other than English. Does KCBA provide interpreters?
In order to address the language barriers that newcomers, immigrant and refugee clients face in accessing legal assistance, the CLS programs have funds available to provide interpreters for attorney-client meetings in person or over the phone. To request an interpreter for a meeting with a client, the attorney needs to contact the program manager with a couple dates and times for the client meeting at least a week in advance. The program manager will than coordinate with the client and interpreter and confirm with the volunteer.
At your first meeting with the client, you should discuss how you will communicate in the future to set up appointments. Some clients speak enough English to talk briefly on the phone or schedule appointments or have a friend or family member who can do this. If so, when you have an appointment scheduled, please give the program manager a call to schedule an interpreter. Giving a couple days lead time is helpful. If the client has no one who can help in setting appointments, please feel free to contact the program manager who will contact your client and set up meetings for you.
I’m inexperienced with this type of case. Can you provide me with a mentor?
Attorneys new to a specific area of practice should consider volunteering with Family Law Mentor Program, the Housing Justice Project, Kinship Care Solutions Project, Neighborhood Legal Clinics, or Newcomers Resource Project’s Wage Claim Project. Limited mentoring is available through the other pro bono programs. Contact the program manager to request a mentor.
What retainer agreement should I use?
Volunteers may use either their own retainer agreement or the general agreement available in introductory volunteer materials (provided at the first training) and by request from the program manager. Neighborhood Legal Clinic volunteers do not sign a retainer agreement with clients. The Housing Justice Project provides retainer agreements specific to their services.
I need to terminate my representation of this client. What do I do?
The CLS pro bono attorney agrees to represent the pro bono client to the same extent he or she would represent a paying client. All are expected to use the same professional judgment used with other clients e.g., withdrawal from a case is acceptable for the same reason that withdrawal from a fee generating case is acceptable. Because it is more difficult for a low-income client to obtain a second referral, volunteer attorneys are requested to review a case carefully and consult with the program manager before making the decision to withdraw.
Should an attorney wish to withdraw, he/she should notify the program manager immediately so other representation can be found, if warranted. The attorney should also notify the client in a timely manner. If an appearance has already been made on a client’s behalf, a regular withdrawal drafted according to the Civil Rules of practice should be used. The attorney can contact the program manager if he or she needs a sample withdrawal form.
I think my client’s financial situation may have changed. Can you re-screen my client for pro bono eligibility?
If the income of a client goes over the eligibility maximum during the course of a case, the volunteer should notify the program manager and fees will be negotiated with the client, perhaps on a low fee basis. Volunteers are encouraged to call the program manager with questions about a client’s eligibility for pro bono assistance if you discover inconsistent information in your work with a client.
If the case is changed to a fee case (even low fee) the program manager will make that notation in our database. If the volunteer chooses to continue with the case, the volunteer can still be covered by KCBA’s malpractice insurance. The client can be referred to Lawyer Referral Service if the attorney chooses not to continue representing the client in the matter.
Who covers costs incurred on a case?
Clients are expected to pay most basic costs. The client is notified of this policy in the placement letter, and you should discuss it with the client at your initial meeting. Many clients will be permitted to waive the filing fee through an In Forma Pauperis motion if an action must be filed with the court. However, many clients are defending rather than initiating a suit. If there are reasonable costs that a client just cannot afford, please contact the program manager to discuss possible arrangements.
I was awarded attorneys’ fees. Now what?
A volunteer attorney may seek and retain fees for his or her services from any third party under any applicable rule, statute, or principle of common law, so long as the client is not directly or indirectly responsible for payment of such fees. In the spirit of pro bono, attorneys who recover an award of fees for their services are encouraged to donate all or a portion of their fees to support the Community Legal Services programs, but are not obligated to do so. For more information regarding fees, see the CLS Policy Regarding Fees provided at the introductory training and from program managers.
What are my responsibilities after the pro bono case has ended?
Please complete update letters as you receive them from the program manager. Once the case is completely closed, please fill out and return the form that came with the initial case referral. The case outcome and number of pro bono hours spent on the case are important tracking pieces for our funding sources. We appreciate your cooperation.
Can I get CLE credit for my pro bono work?
Yes. You may get up to 4 CLE credits for the pro bono work you provide after attending a CLE in a related area during the same calendar year. We will report the hours from the CLE. You need to self-report the CLE credit for pro bono work, up to 4 hours annually.
