Federal Magistrate Judge James Donohue believes there are two principal occupations in which people can use their time, education, judgment and talent to literally change another person’s life for the better. One is medicine. The other is law.
“There are and will be many times that a volunteer attorney will wonder why he or she decided to add a pro bono case to their already hectic and demanding schedule,” he said, recognizing that there are lots of reasons not to do so. Whether it’s being busy, family obligations, one more case with unreasonable time demands, clients who may need more attention than other clients or “unreasonable” demands made by clients who fail to pay, the list of reasons to avoid pro bono can be long.
“But at the end of the day,” he said, “when you have helped another human being in a real-world situation by using your time, talent, knowledge and judgment, and by doing so have changed their life, you will know why it was all worth it.”
Judge Donohue not only encourages attorneys to follow this philosophy of viewing pro bono as a worthwhile endeavor, he also lives by it. After graduating from law school in 1976, he volunteered for VISTA (Volunteers In Service To America, the domestic counterpart to the Peace Corps) for a year. Judge Donohue remained heavily integrated in pro bono after going into private practice, living VISTA’s motto, “If you’re not part of the solution, you’re part of the problem.” And he did more than just become part of the solution — he became one of pro bono’s strongest proponents.
According to Judge Donohue, one of the most exciting ways to become “part of the solution” is to take advantage of pro bono opportunities via the Federal Bar Association (FBA).1 The FBA offers four concrete ways to get involved in pro bono.
First, represent pro se litigants. This opportunity often arises in employment discrimination cases where plaintiffs’ claims have (at least) been reviewed before the court requests the appointment of a pro bono attorney. Second, help in the screening process by serving on a committee to review requests for appointment. Third, help educate pro se litigants in the pre-filing process at the federal civil rights legal clinic.
Finally, there is an opportunity to help prisoners who are filing claims for civil rights violations. If a prisoner’s complaint passes the dispositive motion stage or if the complaint presents unusual legal issues, pro bono counsel often is requested to represent the prisoner.
The assignment of projects for volunteer attorneys is linear. First, a pro se litigant moves the court for appointment of counsel. Then the court conducts a cursory review of the case to make sure it is not frivolous. If the court would like a closer screening, the case is referred to a screening panel maintained by the FBA Pro Bono Committee. Two volunteer attorneys screen the case and recommend whether counsel should be appointed. Ultimately, the decision lies with the court, which issues an order granting or denying the motion for appointment of counsel. If the motion is granted, Sharon Haas, the pro bono coordinator for the Western District of Washington, obtains a name from the panel and assigns the case to a volunteer attorney after a conflicts check.
FBA volunteer attorneys generally work on employment discrimination cases or on cases involving prisoners’ civil rights. The time commitment depends on the level of involvement. For attorneys who volunteer as screeners, the commitment comes every two to three months. If working in the federal civil rights legal clinic, a two-hour commitment every two or three months is generally required. Otherwise, for attorneys handling an FBA case, the expected time commitment is equal to a regular billable case.
According to Judy Ramseyer, of counsel with K&L Gates’ Commercial Litigation Group and co-chair with Tracy Morris of the FBA Pro Bono Committee, the FBA is currently focusing on recruiting volunteers specifically for the Pro Bono Panel. The panel is responsible for providing counsel for individuals who do not have the means to obtain counsel on their own.
“Only about a half dozen cases each year are assigned counsel through our panel,” said Ramseyer. So long as the FBA has enough people on the panel to draw on different volunteers when counsel is appointed to a case, the expectation is that a volunteer would not be assigned a case more than once every two years.
The volunteer experience with the Pro Bono Panel exceeds just the “feel good” factor associated with pro bono work. First and foremost, attorneys get the opportunity to contribute to access to justice for people who might otherwise not have the financial means to afford justice.
“As attorneys, we have a tremendous franchise in the justice system and we have a responsibility to use that franchise to benefit the larger community,” said Ramseyer. “Helping a litigant gain access by presenting his/her claims in a clear and cogent way is a valuable service to the community.”
Second, serving on the panel is a great opportunity for exposure and experience in the federal court system. “Newer attorneys or attorneys who do not regularly practice in the federal court system get to litigate in federal court with a great bench and very capable counsel,” Ramseyer said. “It is a terrific learning experience.”
Third, the attorney earns the gratitude of the court and, hopefully, the client. “Pro se clients can be difficult to work with, so you may not win their gratitude if you do not obtain the outcome they anticipate,” said Ramseyer. “Nonetheless, you perform a tremendous service to help a pro se client get a fair and balanced hearing in federal court.”
And although the outcome to which a client may feel entitled may not be achievable, regardless of how well the client is represented, “that does not diminish the importance of the contribution,” she said.
Given that volunteers get back in gratitude, self-satisfaction and experience more than they give, making it a resolution to do more pro bono in 2008 is a laudable objective.
“We are frequently capable of so much more than we give ourselves credit for,” said Ramseyer. Any lawyer with the motivation, dedication and interest should take advantage of the opportunities available via the FBA. “You can make a difference,” she said, “and you will be happy you did.”
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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, 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.
1 Applications for the Pro Bono Panel can be obtained in the Clerk’s Office or on the FBA Web site: www.FBA-wdwash.org.
