By Members of the Philadelphia Bar Association
Pro bono comes from the Latin phrase “pro bono publico,” which translates to “for the public good.” Simply put, the purpose of pro bono is to “provide legal counsel for those who cannot afford to retain an attorney” and the call to service has its origin in fifteenth-century English law.
According to a 2016 survey conducted by the American Bar Association’s Standing Committee on Pro Bono and Public Service, 81% of attorneys have provided pro bono service at some point in their lives, and in 2016, provided an average of 36.9 hours of pro bono services. Despite this, there is certainly room to expand pro bono, as one out of five attorneys have never undertaken pro bono which is evident in the statistic from 2016 which states that 48% of responding attorneys did not undertake pro bono in that year. Generally, attorneys reported that they were motivated to provide pro bono services by either empathetic or ethical motivations, such as helping people, reducing social inequalities, being a good person, and ethical or professional obligations.
The Philadelphia Lawyer’s editorial board recently asked Bar Association members to share their pro bono stories and how these experiences have shaped their careers, helped them better understand the law, and shifted their perspectives when working on other cases.
Below you will find stories from Bar Association members, which in some cases have been edited for clarity and length.
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My first pro bono case was assigned to me when I was a young associate. It involved termination of parental rights. I represented the biological mother, and a young associate from another firm represented the biological father. I recall that when receiving the case, I was concerned about the severity of the repercussions if I did not handle the case properly. Prior to practicing civil defense law, I was a public defender, so I did not have any concern over my ability to research the charges and develop appropriate questions to ask during client conferences or my ability to develop defenses.
What I did not expect was the emotional aspect of the case, and I recall co-counsel telling me that she would go home at night after our hearings and cry. The father was abusive and absent most of the time and did not actively participate in the case, but my client, the mother, had addiction problems and did participate. She wavered between trying to get clean and falling back into her addiction, and no matter what I said or did, she did not seem to grasp the fact that she could lose her baby. She seemed to think that if she attended a couple of drug and alcohol meetings and made an attempt to participate in a few supervised visits, she would never lose her parental rights. It was not until after her parental rights were ultimately terminated that she finally realized the reality of the situation, at which point she broke down.
Obviously, this pro bono case had a huge impact on me, and I think about it to this day. I learned a lot from that assignment such as how to work with government agencies and negotiate with them to develop plans that would benefit my client. I realized that my legal training could be applied in situations that were outside my comfort zone, and that was a confidence boost. I learned that pro bono service is very much appreciated by the client and that sometimes, no matter what you do, you may not be able to convince a client to act in a situation that will help them. I also remembered how good it felt using my law degree to assist the less fortunate. Based on my experience, and despite the emotional aspect of it and the ultimate outcome, I feel pro bono service is beneficial to both the community and to attorneys of all ages.
Elizabeth Dalberth
Attorney at Sweeney & Sheehan
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My favorite pro bono case, among many over the years, was a case that I lost. Our client was a woman somewhere in her 60s who had been living with her male companion for many years. They had never married but were very much in love. During his final illness, he asked a national law firm [not to be named] to draft a will leaving everything to her, including his house. Unfortunately, the lawyer who drafted the Will was not familiar with Pennsylvania law and neglected to have the requisite number of witnesses attest to the Will.
The decedent had two adult children who lived out of state and who had contested the validity of the Will. They intended to take possession and sell the house. I represented her in the Orphans Court, the Superior Court, and even sought help from the Supreme Court. All the courts were very sympathetic but agreed that the Will was not valid; there was simply nothing they could do.
It was very frustrating and sad but then one of us had an idea. I called the head of the law firm, whose error had caused the problem and told him, “I have an offer that you can’t refuse. “He understood. As a result of that conversation, the law firm bought the property from the children and deeded it to my client.
I hope she is still there.
Robert C. Heim
Special Counsel at Dechert LLP
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I was a newly barred attorney when I accepted a pro bono case with the Support Center for Child Advocates in 2021. My clients were seven siblings in the Philadelphia foster care system from three to 17-years-old. Family court was nothing new to them, but it was certainly new to me. Until this assignment, my experience as an attorney was applying the law from behind a computer screen through legal writing. Now, not only was I still learning how to be a litigator, but I was simultaneously learning how to be an advocate for children..
I was paired with a highly skilled social worker who knew the family very well. We worked alongside each other, and she quickly took me under her wing, guiding me through the process of being an advocate for children. As their advocate, , your role is two-fold: you work with your client(s), finding ways to explain, in a way in which they understand, and at an age-appropriate level, the intricacies of family court and listening to their wants and needs for you to present before the court. The family court system can present complex challenges, particularly during the lengthy reunification or adoption process for children involved as I experienced with my first set of clients. Despite these difficulties, the focus remains on advocating for the well-being and best interests of the child you are working with.
I have learned how to develop a relationship with my clients, advocate for them, and work amicably with all counsel present in the courtroom during the process.
Throughout my time as an advocate for children , my legal skills have grown immensely . As a young litigator who would ordinarily not have this kind of courtroom exposure and experience, pro bono work has given me the confidence to truly advocate for all my clients, pro bono or not.
When I was beginning my pro bono journey, I was told that becoming an advocate for children would make a real impact on the lives of these children. While I hope to have left an impact on my clients, the children I have represented have made more of an impact on me as a person and as a lawyer. I learned how to amplify the voices of my clients in the courtroom, as well as finding my voice along the way. For the rest of my career, I will continue to participate in pro bono work and encourage my legal peers to do the same.
Lindsay C. Miller
Associate at Barnes & Thornburg
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My very first pro bono case was also the very first case that put me in a courtroom. It was a custody case that I took on as a brand-new lawyer on a volunteer basis from Philly VIP. In fact, I was so new to practicing law that I did not yet even have my attorney ID number and had to use a temporary number, which was the date your bar results were mailed to you (am I dating myself?)
I represented the mother in that case, who was so nervous about what was going to happen, and she had very little understanding about how court worked. I think just having someone sitting with her in the waiting room and standing next to her before the judge would have been enough. But we successfully got a positive outcome, and she was so grateful that I was there to help her as she dealt with the very serious issue of where her children would live.
That case was the beginning of my dedication, almost addiction, to pro bono work. How can you not want to continue to do something that brings such relief and a feeling of being heard and valued to others? Using my skills to help those who desperately need it, but can’t afford it, is rewarding in ways that you don’t necessarily experience with paying clients. I know when I help clients through Philly VIP, that there is a palpable ripple effect of benefits that impact not only the client and their kids, but also people around them. The client feels empowered and informed, and then many times uses that knowledge to inform their neighbor or friend.
I stayed in touch with my very first client for years after that hearing, but 24 years is a long time, and it has been quite a while since I have heard from her. Her kids probably have kids of their own at this point and I hope that what I did for their mom has put them in a better position in their own lives.
Doing pro bono work is so meaningful and impactful. The gratitude and connection from working with pro bono clients motivates you to do more. I know hugs after a hearing and pictures of the kids growing up doesn’t pay the office rent, but it does feed my soul.
Megan Watson
Partner at BKW Family Law LLC
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I regularly went up to the State Correctional Institute at Phoenix with a group of Pennsylvania Prison Society volunteers. I have been a member of the Board of Directors for several decades and was volunteering while enjoying semi-retirement. The Society is the nation’s oldest prison reform organization with a statutory right to visit inmates in Commonwealth prisons. Upon arrival, I was left off the list of approved volunteers, no surprise given a long and contentious relationship I had with the PA DOC. I had litigated against them numerous times in my capacity as the executive director of the Pennsylvania Institutional Law Project, a legal aid provider to institutionalized persons in the Commonwealth of Pennsylvania.
Rather than go home empty handed, I remembered the inmate number AF9795 of a longtime friend and client, David Johnson, also known by his Muslim name Dauod. When I began my legal career in this line of work, I heard there was an inmate, Victor Hassine in Graterford, who had attended Dickinson College, New York Law School, and had taken the bar exam before being convicted of a contract murder. I figured he would be a good person on the inside to work with while addressing the many issues that the mass incarceration movement had foisted upon us, the most notable being overcrowding. He introduced me to Dauod, his assistant, in the 1980s.
Dauod had told me he was incarcerated on a felony murder charge when he was the wheelman in a botched robbery that resulted in a homicide. I met with him in the visiting room, and he told me he was applying for commutation, the only avenue of release for a person serving a life without parole sentence. He gave me a summary of his application and I volunteered to represent him before the Pennsylvania Board of Pardons. I asked only that he buy me dinner if we succeeded. He was a decorated Vietnam War veteran with two Bronze Stars and had an impeccable prison record. He also worked with the Philadelphia Bar Veterans Court which gave him a glowing letter of recommendation. I knew he didn’t have any money so pro bono representation was the only option. I had followed the Pennsylvania Board of Pardons process for many years but was prevented from direct representation when with legal aid by their guidelines that deemed it a criminal matter.
Soon thereafter his application came before the five-member Board, chaired by then Attorney General Josh Shapiro. The two-part process began with an interview of Dauod in the prison, then a public hearing the following day with witnesses. I prepped for the hearing by meeting with the former Executive Director of the Board, Brandon Flood, the PA DOC representative, and a woman from Philadelphia District Attorney Larry Krasner’s Conviction Integrity Unit. I pumped Josh with information prior to the hearing as the usual rules about ex parte communications didn’t apply. Lt. Governor John Fetterman let it be known immediately that he supported our petition, but others, especially Dr. Williams, the psychiatrist, were skeptical. He grilled Dauod about the crime, bringing him to tears. Dauod had gotten off work one day in 1978, and went for a haircut when a friend asked to give him a lift in his car to a Taylor’s Variety Store in North Philly because the owner owed him money. When they arrived at the store, the friend went into the back of the store, confronted the owner and shot him to death. They all left in Dauod’s car.
We needed all five votes to succeed. The following day we had the public hearing via zoom, as the pandemic was in full swing. My star witness was Larry Miller, former president of the Portland Trailblazers, an NBA franchise. He was currently a vice president of Nike Shoes. When we first met, I asked him what connection he had to the case, and he surprisingly said he was incarcerated with Dauod in the early days of his imprisonment, a remarkable story. I also had Dauod’s son who spoke on behalf of the family. Both made very powerful presentations. Josh cut me off in midstream of my closing argument, telling me he had the file, and I should move on to new issues. I concluded with a letter from the prosecutor of the case indicating he had made a plea offer of 8-20 years, which Dauod rejected. Instead, he had gone to trial and was convicted of first-degree felony murder, which carried an automatic life without parole sentence.
After a couple of anxious hours, the 5-0 vote was announced and Dauod was to be freed after 46 years of incarceration.
True to his word, we met a few months later at Fogo de Chão Brazilian Steakhouse in Center City with Larry, Dauod’s family, and a few close friends. Fortunately, Larry Miller picked up the considerable tab. We enjoyed a wonderful meal and good conversation. I felt better about this case because I had made no money from almost any other case I had ever won, including successful jury verdicts and class actions, and even winning Third Circuit appeals. To help get someone out of jail after 46 years, when he should have done less than half that at best, was a wonderful feeling.
Angus R. Love
Attorney at Law Offices of Angus Love
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Pro bono service is a core value at my firm and it was something that drew me to the firm in the first place. I knew that when I took a big firm job, I wanted to commit some of my time and resources to do some good in the community that I call home. Specifically, there were two sources of pro bono work for me – the first is Philly VIP, the firm did a good job of pointing me in that direction. And then some of the attorneys on my floor put on the hard press for me to be a child advocate attorney [with the Support Center for Child Advocates] and I was interested in trying it out, so here I am.
I’ve taken on two child advocacy cases and I’ve also taken on some cases in the landlord-tenant tangled title area, both of which are areas that I’m not too familiar with. It isn’t part of my main practice area, which made me hesitant at first, but it was really intellectually stimulating to go outside my comfort zone….. One case that stands out to me as a child advocate attorney was when I represented a one and a half year old. When I was in law school, I never envisioned representing a client who couldn’t even talk to me, I couldn’t communicate with her about what she needed, I needed to figure that stuff out with the social worker on the case. I’m not a parent and I don’t generally know what a child needs so that’s something I learned a lot about in that case.
As a first-year associate and now a second year associate it’s been a real source of confidence ofr me to do this sort of work; I can be a lot more hands-on and it’s more direct work with clients. I get to manage the entire case. When you’re a young associate … your role can be very specific at times and very limited. Sometimes taking on a very big case and having a small part of that can be interesting in its own right, but what you get with a pro bono case is you really get to take charge and you learn about really interesting areas of law…..
If you have the time and you are still hesitant [about doing pro bono work] my advice would be to jump in head-first. It’s an extremely enriching experience and you get as much as you give to the experience, if not more.
Raymond Nguyen
Associate at Ballard Spahr
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Volunteering early in a junior attorney’s career is not a one-size-fits-all equation. We must all give back to our communities, and it is possible to do so in many ways. Within their first years of legal practice, each of the authors of this article served on the Executive Committee of Justice Rising Advocates (JRA), which is a group of young professionals that fights for justice alongside Community Legal Services (CLS) and educates the legal community about the importance of CLS’s work. The authors, along with various colleagues, founded JRA in 2016, and recently rolled off the Executive Committee to make way for younger members. Following the conclusion of their service with JRA, the authors reflect upon the importance of pro bono service early in junior attorneys’ careers.
Building a connection with a legal aid organization early in a junior attorney’s career can be beneficial not just to the legal services organization, but also to the attorney. It is not only personally rewarding, but it can also propel the attorney’s career in unforeseen ways. The Philadelphia Legal Community is large and sophisticated, though as many of us have had the pleasure of experiencing, in many ways it is also collegial and accessible. There are numerous ways to support an organization, including word-of-mouth, email, or social media promotions, providing direct legal services; fundraising, or serving on a Board of Directors.
Raising Your Profile
Raising your professional profile as a junior attorney can feel like a daunting task, particularly when trying to balance both professional and personal responsibilities and commitments. those feelings are justified. However, if you prioritize strategically, and leverage the right relationships, tackling this critical component of your professional identity can be accomplished relatively painlessly.
First, you should strategically prioritize your extracurricular professional commitments. At the beginning of your career, it is important to get involved with a variety of organizations so that you can gauge what interests you; determine the types of organizations and causes that align with your talents, passions, and capabilities; and decide with whom you work best. That said, we are all busy, both personally and professionally. We are constantly pulled in many directions and are asked to take on a multitude of responsibilities. Once you have determined where your interests most closely align, you should sift your commitments down to the few organizations where you can really contribute and raise the leadership ranks as you become more senior. Do not leverage yourself too thin. This could adversely impact your work product and ability to constructively contribute, and doing so could in turn negatively impact your professional reputation.
You should also leverage the right relationships. Identify role models and mentors early in your career and take care to effectively cultivate those relationships. Senior attorneys frequently enjoy mentoring junior attorneys, and, as you are probably aware, many attorneys relish the chance to hear themselves talk about their career paths and are eager to impart that wisdom upon the next generation. Take advantage of these opportunities. Perhaps a more senior attorney at your firm or organization is involved in a legal non-profit that also interests you. Volunteering with that non-profit may be a great way to get recognized and set yourself apart.
We work in a profession where your reputation is everything. Through your work product and interpersonal interactions, you should always operate with integrity, honesty, and kindness. In the end, that is the best recipe to raise your profile and enhance the quality and caliber of your relationships and reputation.
Courtroom Experience
When starting your legal career, a great way to get hands-on courtroom experience and engage with clients and the legal community is through pro bono work. Examples of pro bono work can include helping Philadelphians with issues such as housing, child abuse, immigration, or business disputes; or assisting at a clinic that helps prepare estate planning documents or provides support for expunging criminal records. Some opportunities allow for continued legal representation throughout an entire case, whereas others permit an attorney to provide one-time assistance. This can allow a junior attorney to find an opportunity that fits in with their schedule.
For instance, as a volunteer attorney with the Support Center for Child Advocates, you will represent children in foster care during their family court hearings, alongside the Support Center’s experienced legal and social team, and with the organization's CLE-approved training. There are also opportunities through the Legal Clinic for the Disabled (LCD), a nonprofit solely focused on providing free legal services to low-income residents with disabilities. LCD regularly represents people that need assistance—either for themselves or for their disabled child—with issues ranging from housing and social benefits to guardianship and health care. LCD often hosts clinics to complete life-planning documents at elderly community centers.
Another great organization is Philadelphia VIP, which matches attorneys that are interested in taking on pro bono matters with specific client cases through their online hub and legal network. Pro bono work allows you to serve your community, meet other attorneys and professionals, and engage with courts and judges in a meaningful way while also sharpening your client-centered and courtroom lawyering skills.
Board Service
In addition to direct pro bono legal work, serving on a Board of Directors allows you to impact your community while learning from other attorneys and professionals. The Philadelphia Bar Foundation Board Observer Program provides junior attorneys with the opportunity to observe a non-profit legal services board for one year, allowing the observer to learn from the organization and its leadership. Many board observers end up joining the board to which they are assigned, so it is a wonderful opportunity to connect with an organization whose mission aligns with your passions. Do not assume that because you are a junior attorney, a legal non-profit will not want you on their board . As a new lawyer, you have experiences and connections that can be beneficial, and you can offer a fresh take that an organization may deem valuable.
Fundraising
Fundraising can at first seem like an intimidating task. It can be overwhelming to ask individuals in charge of law firms or corporations to support an organization. However, virtually all legal non-profits need to fundraise to fulfill their respective missions, so this can be an accessible way to get involved. Most legal non-profits in Philadelphia have fundraising campaigns and are always looking for assistance. For instance, every spring Community Legal Services, through its Leadership Council, runs a “Bar Campaign,” wherein CLS raises money from local law firms. The funds raised are unrestricted, and thus offers a tangible way for law firms to partner with CLS to provide civil legal services to low-income Philadelphians. Fundraising is also a critical skill that transfers to many other aspects of being a successful lawyer. Through fundraising, one can gain confidence and make connections with decision-makers at law firms or other organizations.
Melanie J. Foreman
Shareholder at Marshall Dennehey Warner Coleman & Goggin, P.C.
Eli Klein
Assistant United States Attorney at United States Attorneys' Offices
Liz Vaysman
Owner & Attorney at Vaysman Legal LLC
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I joined the team at Reger, Rizzo, & Darnall, LLP, earlier this year as a newly minted attorney. I quickly learned that assisting the people of Philadelphia is a key priority of the flagship office. This priority aligns with my own and I was given the opportunity early on to work with VIP Philly to take on a pro bono matter. The case itself involved a civil dispute involving fees due to a rental property manager in which my client had issues with defending and no way to afford representation. The real estate involved in the matter had mortgage, liability, and estate issues creating a host of challenges. In the end, I was able to help the client settle the matter and ensure that the client owed no fees to the opposing party. I also leveraged the client’s position and cut ties with the property once and for all, which was the goal.
The impact of this case taught me that every day Philadelphians can find themselves caught in complex legal snafus without any recourse in the blink of an eye. I worked with my client and the client’s family to ensure that they felt as if they had a teammate who would navigate their dilemma with their goals at the forefront. Their appreciation at every step showed me the power we as attorneys must bring solace to folks who otherwise would be left helpless. My client’s tears of joy that accompanied the signing of the settlement documents proved that the years of work to get to this point were not just for me, but also for the people I now can help.
The experience helped me understand that a case rarely involves just one field of law.
Namely, the case I handled involved law in the fields of contracts, estates, and real estate. Balancing these various areas of law helped me learn that a strategic decision cannot be made without first understanding how it will affect all aspects of the case. For example, in the case the decision to use the real estate itself as a bargaining chip had implications on an estate for which my client was the administratrix. Understanding how a decision can elicit consequences throughout the legal aspects of a case is a crucial skill I exercised throughout the course of this pro bono representation.
Working on this pro bono case certainly gave me a perspective of empathy that I bring to my work on other cases. I realized that without my skillset I could be someone who would not know where to begin in sifting through the confusing legal system. The experience showed me that I have a lot to learn and that I am not just a representative for my clients but that I am also a teammate. All in all, it reminded me that everyone caught up in the legal system deserves f legal representation whether they can afford it or not.
Brandon Millinghausen
Associate Attorney at Reger, Rizzo, & Darnall LLP
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Pro bono representations have been critical to my development, both personally and professionally. I left my role as a prosecutor 15 years ago to pursue a career in private practice. From the day I left the Montgomery County District Attorney’s Office, I decided to volunteer my time as a child advocate. At all times since transitioning to private practice, I have represented at least one pro bono client under 18. I have represented children who have been victims of abuse and neglect, and I have represented children who were witnesses to horrific crimes. My clients have ranged from newborn babies to high school graduates. Donating my time free of charge has been one of the most rewarding aspects of my career.
Pro bono representations, including child advocacy, require perspective and empathy. Many of my young clients have no concept of what a lawyer does, let alone how the justice system works. We, as attorneys, especially those in private practice, often take for granted that our clients have a fundamental understanding of our role and the legal process. We cannot and should not make such assumptions. I have learned that we should take the time necessary to ensure that our clients – including those who pay for our services and those who do not – understand what we are doing and why we do it. Clients come to us because they have a problem they would like to fix or a difficult issue they need to deal with. No matter the age of the client or size of the client’s bank account, we should educate them in a compassionate and empathetic manner.
Nothing quite compares to the relief I see on the faces of my young pro bono clients when I explain that I represent them – not their parents, aunts, uncles, teachers, or coaches – just them for as long as it takes, day or night. This makes them feel important; they feel seen and heard. They finally have someone in their corner to guide them through a new and uncertain process, and that brings with it a feeling of safety and security.
I would be remiss if I did not recognize the fantastic work by Mission Kids, Montgomery Child Advocacy Project, and their Philadelphia counterpart, the Support Center for Child Advocates. The youngest members of our community deserve the highest level of care, and the talented professionals in these organizations render extraordinary service for little or no pay. Indeed, they make the world a better place.
Douglas K. Rosenblum
Partner at Pietragallo Gordon Alfano Bosick & Raspanti, LLP
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When I tell people that I run a small legal aid organization they often ask, “Where’s your office?” When I reply that we don’t have a permanent office and we meet clients in their neighborhoods, usually while they are enjoying a free meal or picking up food at a church or community center, I often get a surprised look in return. Sometimes I launch into a long explanation about our mission to overcome barriers to accessing civil legal services by bringing lawyers into underserved neighborhoods in Philadelphia. Sometimes I joke that the office is wherever the nearest Starbucks is located. Sometimes I just say, “We’re in the Cloud.” Whatever the most accurate answer may be, in the four years since we accepted our first case, from Episcopal Legal Aid (ELA) has demonstrated that it is possible to deliver high quality civil legal aid services to a diverse population of Philadelphia residents without incurring many of the burdens and expenses that come with a traditional office and equipment.
The idea for Episcopal Legal Aid came out of my volunteer work for the Episcopal Diocese of Pennsylvania, which covers Philadelphia and its surrounding counties. Through this work, I became aware that many Episcopal parishes are in neighborhoods where food insecurity is common. They have a long tradition of offering a weekly lunch or dinner to people in their community, or of giving away food staples in their basements and parish halls. It occurred to me that offering legal services would be a natural complement to these events and could serve the same clientele. So, I retired from my Center City law firm, where I had spent my career as a corporate litigator, and in 2019 opened Episcopal Legal Aid as a nonprofit legal services provider open to all people of limited economic means. In addition to our suburban locations, we now hold a half-dozen legal clinics per month in different Philadelphia neighborhoods, including Center City, University City, West Philadelphia, Germantown, Allegheny West and Olney.
ELA is part of a trend in legal services towards encouraging providers of legal aid to base themselves in the communities they serve rather than in remote buildings. We do not have a central office, receptionist or conference room. Rather, we utilize space provided by our host partners, or work remotely by computer and over the telephone. We have adopted a mobile model that is now in fashion with both non-profit and for-profit law firms because it allows attorneys to untether themselves from their desks (and desktops) and be with clients in their own environments, where they can gain an appreciation for their legal and non-legal problems and challenges. In addition, we enjoy considerable savings in overhead expenses because we do not pay any rent.
Our clinic setup typically involves a long folding table and a couple of chairs supplied by our host. I bring a laptop and a portable scanner so I can make copies of any leases, letters from Social Security, custody orders or other documents clients may bring with them. We do not require a financial statement or turn anyone away based on income. Anyone receiving a free meal or clothing is welcome to at least a few minutes of lawyer time from us. Our clients have come to us with a wide variety of issues, many of which we can resolve after a few hours by drafting a will or other legal document, reviewing a lease, or helping them to prepare for a child custody hearing. Sometimes we must represent them in court, and occasionally we are able to find them another legal aid organization that can better address a complicated problem. We are almost always able to either resolve the issue or give our clients the tools and information they need to navigate the legal system themselves.
After four years and several hundred clients, we can identify some essential elements of a successful community-based public interest firm. First, it must have staff members who are well-versed in a wide variety of legal subjects and, more importantly, aware of the limits of their legal knowledge. Rarely have I been able to answer a client’s inquiry off the top of my head, but frequently a couple of hours of research produces the right answer. We are fortunate to have been able to draw on the abilities of some very able Penn and Drexel law students who volunteer with Episcopal Legal Aid in exchange for pro bono credit towards graduation. I initially assumed that my background as a litigator would be a hindrance to representing clients who needed transactional representation involving preparation of wills and review of leases. Instead, I found that these skills can be acquired, and that in a significant percentage of our cases my familiarity with various local court systems and how to navigate through them proved to be very useful.
Second, a network of established community-based partners who provide local social services to potential clients is essential. In the case of Episcopal Legal Aid, this network is comprised of individual parishes whose outreach communities serve meals, organize food pantries, and hold clothing giveaways. Other legal aid providers work with educational institutions or charitable groups like the Salvation Army. It is important that community lawyers' partner with established organizations that not only can deliver a steady stream of potential clients and provide space to meet with them, but also are attuned to the needs of their community, both legal and otherwise.
Finally, it is not sufficient to merely place a skilled lawyer in a high-traffic area, or we would see many public interest lawyers sitting at card tables in front of Wal-Marts. There must be an established bond of trust between the attorneys and potential clients. In our case many of the people who run the food pantries where we hold our clinics serve as intermediaries, introducing me and our students to their regular patrons, who may have confided in them about a legal problem they have. One church deacon who oversaw a monthly lunch at a church in Pottstown is fond of announcing to the crowd waiting for their food when I arrive that “Your lawyer is here!”
I was moved by the impact our assistance has had on our clients. In many cases the financial benefits are obvious. In other instances, the satisfaction comes from helping people navigate a system that seems impenetrable to a non-lawyer. Whether the matter involves drafting a will, explaining a power of attorney, preparing a custody complaint, explaining how to appeal a denial of a social security claim, or negotiating a debt with a credit card agency, we are relieving a major source of anxiety, confusion and frustration for our client. They are grateful that we have assumed one of the many burdens they carry every day.
Stephen P. Chawaga
Executive Director at Episcopal Legal Aid
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My first job after graduating from Villanova Law was at the D.C. law firm of Hogan and Hartson (now Hogan Lovells). Just two months into this job, I had the good fortune of being asked to represent Mary and Bartholomew Plater, who were foster parents to a two-year-old by the name of JoJo.
The Platers had been caring for this baby since he was five weeks old and after falling in love with him, decided that they wanted to adopt. When they approached the District of Columbia Department of Human Services, rather than agreeing to this request, they immediately took the baby away from the Platers. This government agency’s reasoning was that the Platers were just too old to adopt JoJo. Mary was 46 years old, and Bartholomew was an ancient 51. After meeting a tearful Mary, I convinced my firm to give me the resources to jump in and do what I could for the Platers.
Not even knowing what a temporary restraining order was at the time, after consulting with some more senior lawyers, I filed one. Two days later, I was in the D.C. Superior Court arguing my first case. Somehow, the Washington Post got wind of this case, and here is what, in part, was reported:
‘Too Old’ Couple Can Keep Child
Mary Plater is convinced, now more than ever, that she is ‘not too old’ to care for a baby after a D.C. Superior Court Judge yesterday ordered the D.C. Department of Human Resources to return the Platers’ two-year-old foster son to their home. ‘They took him because they said I was too old to adopt him,’ Mrs. Plater, 46, said. ‘They said I was more of a grandparent to him than a mother.’ Judge James H. Washington, Jr., after hearing arguments from A. Roy DeCaro from Hogan and Hartson and the Department’s lawyers, and after finding in favor of the Platers, was advised by Attorney DeCaro that he would be filing adoption papers by the end of the week.
And I did. And months later when that adoption was granted - pure joy all around.
A. Roy DeCaro
Personal Injury Attorney at Raynes & Lawn
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I fought for families of foreign victims killed on 9/11.
After the initial shock of the attacks wore off, I resolved to somehow help disadvantaged victims. I was the national director of Estate Settlement for Mellon Financial in Philadelphia at the time, and I found that many foreign nationals who were killed had no one in the U.S. who qualified to be administrators of their estates. As a result, their families could not receive the benefits from Congress and others.
In March 2002, the union representing the staff of Windows on the World (the restaurant on the 107th floor of the north tower) said it needed an estate administrator. I volunteered. The 12 victims I ended up representing were on the breakfast crew at the restaurant. They were hard-working people. Several of them held down more than one job, and they were sending 50% to 80% of their pay back home to their families in Mexico, Peru, Ghana, Ivory Coast and elsewhere.
It was a blizzard of paperwork. Each case required a separate file with affidavits, work records, letters and other materials to document what would be a fair settlement from the Victims’ Compensation Funds. I volunteered hundreds of hours while continuing to manage 30 people nationwide for my day job.
The families ultimately received amounts between $470,000 and $4.1 million, for a total of just under $26 million. The amounts were legacy-changing for these families. I was honored to serve a small group of people who had a big need. I hope, however, that I never have to do so again.
Scott S. Small
Trust Counsel at Fiduciary Trust International
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As lawyers, it has been drilled into our collective psyche that our time is our most valuable commodity. Our time is worth money, and if we are to be considered successful, the goal is to monetize our time in the form of as many hours as we can possibly bill. Doing pro bono work requires us to give up our most valuable commodity, and to also give up the prospect of being paid for that sacrifice. What do we get in return?
After an unexpected and totally life-altering career disruption, I was faced with the seemingly insurmountable task of reinventing myself professionally. This entailed learning a completely new practice area, and eventually, starting my own practice. I had no idea where or how to begin what I knew was going to be a very difficult journey. Several attorneys that I met at this time encouraged me to do some volunteer work with Philly VIP. At this low point in my career, doing pro bono work seemed completely counterintuitive. However, much to my surprise, volunteering with Philly VIP was truly instrumental in helping me to accomplish everything that I needed to do to move forward successfully.
At Philly VIP, there was no shortage of cases, and no shortage of support. There were seminars and handbooks, and the VIP staff and other volunteer attorneys were always very responsive and willing to help. Having come from a career in public service, I was used to working for the good of the community, and my colleagues often joked that based on our “hours worked to salary earned” ratio, we were pretty much pro bono attorneys anyway. However, I was unprepared for the effects of doing actual pro bono work for individual clients.
In one of the first cases I tried, which was a custody case, my client told me that it was a completely different and empowering experience for her to walk into court with a lawyer by her side as opposed to the many times that she had to go to court on her own. Without a lawyer, she said, she felt that she was invisible in the system. She said that she often had to wait longer for her case to be called, because people with attorneys had their cases called first. Then when her turn finally came, she could not seem to make herself heard or understood. She could not find the right words, nor could she possibly even summon the courage to say them. She told me that this was the first time that she was not terrified to go to court, and the first time that she hoped that things might actually go her way.
Hearing this made me realize that what came so easily to me was absolutely life-changing for my client. The ability to strategize, negotiate a resolution, or walk into a courtroom and try a case were things that I simply took for granted because I had been doing them for so long. Seeing my legal ability and experience through the eyes of my client helped me to appreciate its value in a way that I had never considered before. And if my pro bono service was a gift to my clients, it was certainly also an unexpected gift to myself; one that I did not even know that I had needed.
As a solo practitioner with a very busy practice, it is now incredibly difficult to find any time for structured pro bono work. However, because I am a sole practitioner, I also have the freedom to incorporate it in many different ways . I choose to keep my hourly rates lower in recognition of the many people who, despite being employed, struggle with being able to afford counsel. I also take some cases on a “low bono” basis, where the client pays, but at a discounted rate. And while I can’t take the same volume of pro bono cases that I did previously, I still have one complex custody case with Philly VIP that I have held onto now for over four years.
One of my “low bono” clients is a man now raising his young niece and nephew after his sister died suddenly of a drug overdose. He and his wife were a few years from retirement with no plans to raise children, and no means to do so, but he discovered that the children had been living in a homeless shelter with their mother, and he was told that if no one could take them, they would be placed in the foster care system. The children are now enrolled in grade school and have been thriving with my client and his wife. However, their biological father recently resurfaced after a long absence, and my client is now involved in a very contentious custody battle. The day before I started to write this article, we had been in court, and later that afternoon, I received this e-mail from him: “With regards to all of the time, effort and consideration...your energy as well as your expertise has been such a blessing to my family!” However, as much as I appreciated his kind words, I believe that it is a blessing and a privilege for me to be able to help him in any way that I can, and for that I am grateful.
Based on my experience, pro bono work can help to reignite our passion for the law. It gives us the power to help close what is often a vast divide between the way things are in someone’s world and the way that things should be. Pro bono practice also challenges us to look beyond the billable hour and to redefine success. To paraphrase Emerson, if we know that one person has been able to breathe easier because we have had the opportunity to use our legal abilities to help them, then let that be the true measure of our success. I am grateful for the opportunities I have had to do pro bono work, because in using my legal ability to help change my clients’ lives for the better, it is really my life that has been changed.
MK Feeney
Owner and Founder at The Law Office of MK Feeney, L.L.C.
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Hope, justice, and opportunity—these are the words that come to mind when I think about pro bono. First and foremost, pro bono cases create opportunities for individuals who cannot afford counsel to have a better chance at justice or access to resources that they otherwise would not have had. They also create opportunities for practicing lawyers to learn new areas of substantive law, develop or sharpen legal skills, and give back to their communities. Having worked on a variety of pro bono cases throughout my career, I have seen firsthand the positive impact pro bono cases have, not just for clients, but also for the attorneys who are doing this important work and, in the process, securing hope and justice for others.
While every pro bono case I have worked on has left an impression, representing tenants facing eviction or living in unhealthy conditions has had the greatest impact on me personally and professionally. The stakes for a tenant facing eviction are high, and cases proceed rapidly. In many instances, tenants risk losing their home and security, not for failing to pay rent, but as retaliation for seeking adequate living conditions. In one particularly egregious case, I helped a couple facing eviction because they complained to their landlord about mold growing in their home because of unrepaired water leaks. Due to the mold, one of my clients, who had stage 4 kidney disease, was removed from the kidney transplant list. In other words, this case literally became one of life and death, and time was of the essence. Because they obtained pro bono assistance through Philadelphia VIP, they received the help they needed to secure justice. I counseled them on the process, helped them make informed decisions, and represented them in Philadelphia Municipal Court, securing a ruling that provided them the time and resources they needed to find a safe and habitable home. Most importantly, my client got back on the transplant list.
My pro bono work has allowed me to learn new areas of substantive law and to gain substantial experience practicing in court. These practical experiences translate well to other areas of litigation and have aided me in representing all my clients. In addition, working in the pro bono sector has shown imperfections and inequities in the application of law, particularly with respect to unrepresented individuals. As a result, I have worked to encourage others to take on pro bono representations, and I am always impressed by the dedication of the profession to assisting those without the resources to afford paid counsel. It is a bonus that undertaking pro bono work leads to professional self-improvement, as well.
For my pro bono clients, having legal representation can be the difference between having a secure home or experiencing homelessness. While the stakes are different in other cases I have worked on, my pro bono experiences have helped me understand the human aspect of litigation and have aided me in helping clients to understand the potential consequences of various stances in litigation, regardless of what those consequences may be.
I’ll close with an invitation (or challenge): to all my fellow attorneys, especially those who have yet to do so, I invite you to take on a pro bono case. There are many types of cases to choose from—both litigation and transactional—but, regardless of the matter you choose, I know it will be a positive and life-improving experience.
Abel Garza
Course Instructor at Villanova University Charles Widger School of Law
