access to justice in texas · 2013. 10. 17. · community diocese of lubbock catholic foundation...

ACCESS TO JUSTICE IN TEXAS

Presented By: ANDREW L. KERR, San Antonio

Strasburger & Price

GARY M. BELLAIR, Lubbock Craig Terrill Hale & Grantham

HON. KEM FROST, Houston Justice, 14th Court of Appeals

ALISSA RUBIN GOMEZ, Houston Houston Volunteer Lawyers Program

Written By: TRISH MCALLISTER, Austin

Texas Access to Justice Commission

State Bar of Texas 36th ANNUAL

ADVANCED CIVIL TRIAL COURSE San Antonio – July 17-19, 2013

Dallas – August 21-23, 2013 Houston – October 17-November 1, 2013

CHAPTER 9

Andrew L. KerrPartner300 Convent Street Suite 900San Antonio, Texas [email protected] fax

Appellate•Business Reorganization & Bankruptcy•Energy, Oil & Gas•Financial Services•Litigation•Real Estate•

OVERVIEWAndrew Kerr is a partner in Strasburger's Litigation Section. He has an active trial practice and has prosecuted and defended numerouslawsuits in state, federal and bankruptcy courts in over 30 years of practice. He has handled a wide range of cases, including disputes involving banking, oil and gas operations, agreements and leases, surface and subsurface damages and environmental contamination, real property, contracts, partnership and corporate issues, accounting malpractice, franchise and distributor relationships, premises liability, products liability, will contests, breach of fiduciary duty, antitrust violations and construction.

Mr. Kerr has also handled appeals before the United States Court of Appeals for the Fifth Circuit, the Texas Supreme Court and many of the Texas courts of appeals. His appellate work has included subject areas such as banking, oil and gas, ERISA, tortious interference with contract, insurance, bankruptcy, premises liability, administrative agency jurisdiction, suretyship, construction, consumer protection, eminent domain and many other types of disputes, both commercial and tort.

PROFESSIONAL AFFILIATIONSAdmitted, Texas; United States District Courts for the Western, Northern, Southern and Eastern Districts•Admitted, United States Courts of Appeals for the Fifth and Eleventh Circuits•Admitted, United States Tax Court•State Bar of Texas, Director•San Antonio Bar Association, President•San Antonio Bar Foundation, Chair of Board of Trustees•Texas Association of Bank Counsel, Vice-President•Texas Access to Justice Foundation, Director•Texas Bar Foundation, Past Chair of the Fellows & Sustaining Life Fellow•American and San Antonio Bar Foundations, Life Fellow•Texas State Bar Minimum Continuing Legal Education Committee from 1999-2006, Vice-Chair•Texas State Bar Pattern Jury Charge Committee on Business, Consumer and Employment Law from 1994-2000, Fiduciary Duty Committee Chair

•

Texas Association of Defense Counsel PAC Trustee, Former Director and Administrative Vice-President•

EDUCATION

University of Texas, J.D., 1974

Texas Tech University, B.B.A., 1971

COMMUNITYRotary Club of San Antonio•Board of Directors for the Northeast Educational Foundation, former member & past Chair•Board of Directors of the Alamo Heights Little League, former member•Episcopal Diocese of West Texas, former Church attorney•

RECOGNITIONNamed among The Best Lawyers in America®, (Copyright 2012 by Woodward/White, Inc., of Aiken, SC), 2006-2013•Named among San Antonio's Best Lawyers by S.A. Scene magazine, 2005-2012•

Gary Bellair

PROFESSIONAL PROFILE

Attorney: Partner; Craig, Terrill, Hale & Grantham, LLP, Lubbock, Texas

Board Certified in Civil Appellate Law, Texas Bd. of Legal Spec. (1996-present)

Bar Admissions: Texas Supreme Court (1991); U.S. Supreme Court (1996), U.S. Court

of Appeals (5th Cir. 1992 & D.C. Cir. 2011), U.S. Dist. Courts of Tex. (N.D. 1992),

(E.D. & S.D. 1998), and (W.D. 2011)

Judicial: Municipal Judge, Ransom Canyon, TX (2005 - present)

ADR: Arbitrator (1985 - present)

Mediator (1999 - present)

Education:

Texas Tech University School of Law, Lubbock, TX, J.D. (1991)

Texas Tech University Graduate School, Lubbock, TX, MBA (1983)

St. John’s University, Collegeville, MN, B.S. (1975)

AFFILIATIONS & MEMBERSHIPS

Professional

American Bar Ass’n —

Litigation Section

Judicial Division - Council of Appellate Lawyers

Lubbock County Bar Association —

President (2012-13)

Director (2006 - 2009)

Local Access to Justice Committee, Chair (2009-10 & 2010-11)

Law Day Committee, Chair (2003-04 & 2004-05)

State Bar of Texas —

ADR and Civil Appellate Sections

Texas Bar Foundation, Life Fellow

Texas Bd. of Legal Spec., Civ. App. Law Adv. Comm’n (1999-04)

Texas Judicial Council (2009 - present)

Texas Municipal Courts Ass’n (2005 - present)

The College of the State Bar of Texas

Legal Aid of Northwest Texas/PAI (Volunteer, 1991 - present)

Community

Diocese of Lubbock

Catholic Foundation Secretary (2011 - present), Member (2010 - present)

Red Mass Committee: Chair (2005, 2007 - 09), Member (2004 - present)

Ransom Canyon Mem. Chapel Bd., Vice Pres. (2011 - present), Member (2010 - 2013)

Lubbock Big Brothers Big Sisters: President (2004 - 2005), Director (2000-2005)

Lubbock Community Theatre: President (1998-2000) , Director (1995-2000)

Lubbock Transit Advisory Board: Chair (1991-1995), Member (1986-1995)

LAW RELATED PUBLICATIONS, ACADEMIC APPOINTMENTS AND HONORS

Author/Speaker for —

the Seventh Court of Appeals — Nuts & Bolts of Practice Before the Seventh Court of Appeals

2.0 (2012)

the Seventh Court of Appeals — Nuts & Bolts: Standards of Appellate Conduct (2007)

the State Bar of Texas PDP — West Texas General Practice Symposium - Supreme Court

Update (2008), State Bar College Summer School - Supreme Court Update (2006 - 2008),

State Bar College Summer School - Evidence Update (2005)

Arbitrator of the Year, Better Business Bureau of the South Plains (1987)

JUSTICE KEM THOMPSON FROST

COURT OF APPEALS FOR THE FOURTEENTH DISTRICT OF TEXAS

Justice Kem Thompson Frost has served on the Court of Appeals for the

Fourteenth District of Texas since her appointment in 1999, by then-Governor

George W. Bush. Now in her fifteenth year on the appellate bench, Justice Frost

has authored more than a thousand opinions. She is certified in Appellate

Jurisprudence by the Texas College for Judicial Studies.

Justice Frost is a member of the American Law Institute, the College of the

State Bar of Texas, and the American Inns of Court. She serves by appointment

on the Supreme Court of Texas Advisory Committee.

Justice Frost has received a Presidential Commendation from the State Bar of

Texas for “Individual Leadership in Improving Justice in Texas”. Twice she has

received a President’s Award for Outstanding Committee Service from the

Houston Bar Association. She has been recognized for “Outstanding Service

Given to Our Legal Environment in School and Community” by Thurgood

Marshall School of Law at Texas Southern University. In 2007, Police Officers

Looking Into Courthouse Excellence honored her with a “Judge of the Year”

award. In 2010, the Texas Association of Civil Trial and Appellate Specialists

named Justice Frost “Appellate Judge of the Year”.

Before taking the bench, Justice Frost enjoyed a fifteen-year career as a civil

trial and appellate lawyer, first with Liddell, Sapp & Zivley (now Locke Lord,

LLP), and then with Winstead, P.C., as a shareholder in the firm’s Houston office.

Focusing on complex business litigation, she handled a wide variety of trial and

appellate cases in state and federal courts. While in private practice, she received

the highest possible peer review rating for professional excellence, skill, and

integrity.

A sixth-generation Texan and a native Houstonian, Justice Frost graduated

from The University of Texas, where she earned a B.B.A. in International

Business and a B.A. in Government. She received her law degree from Texas

Tech University School of Law. Justice Frost and her husband Fred will celebrate

their 25th wedding anniversary this year. They have four sons, ages 15 to 20, and

make their home in Katy.

JUNE 2013

ALISSA RUBIN GOMEZ

WORK EXPERIENCE

HOUSTON VOLUNTEER LAWYERS, Executive Director (Dec. 2011 – present)

Oversee all aspects of the pro bono service arm of the Houston Bar Association, including supervising 30 employees, directing legal aid programs, managing multiple federal, state, and private grants, and all financial aspects of the 501(c)(3).

KING & SPALDING L.L.P., Partner (2011), Associate (2002 – 2010), Summer Associate (2001)

Partner at AmLaw 100 international law firm with more than 800 lawyers worldwide. Represented both plaintiffs and defendants in commercial litigation matters in state and federal courts, arbitration, and before the EEOC. Practice includes employment disputes, healthcare, breach of contract and commercial torts, and oil and gas. Extensive experience obtaining and defending temporary restraining orders and temporary injunctions.

First woman elected partner in the Houston office

Recipient of Pro Bono Service Award in 2006, 2007, and 2008

GIBBS & BRUNS, L.L.P., Summer Associate (2000 and 2001)

LEGAL AID OF CENTRAL TEXAS, Summer Associate (2001)

TEXAS THIRD COURT OF APPEALS, Intern to Justice Bea Ann Smith (Fall 2000)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS, Intern to Judge Sim Lake (Summer 2000)

EDUCATION THE UNIVERSITY OF TEXAS SCHOOL OF LAW, Austin, Texas J.D. with Honors received May 2002

Chancellor (Among top 16 students in graduating class) Order of the Coif

THE UNIVERSITY OF TEXAS AT AUSTIN, Austin, Texas B.A. in Sociology (Minor in Spanish) with Highest Honors received May 1998

Phi Beta Kappa Distinguished University Scholar

AWARDS & ACTIVITIES

Named “Texas Rising Star” by Texas Monthly Magazine in 2006, 2007, 2008, 2009, 2010, and 2011 Named “Future Star” by Benchmark Litigation in 2009 Named a “Lawyer on the Fast Track” by H Texas Magazine in 2006, 2007, and 2009 Texas Bar Foundation Fellow Anti-Defamation League, Advisory Board Member; Leadership Development Institute (2005-2007) Houston Bar Association HIV/AIDS Committee, Outreach Committee Co-Chair (2005-2006) Houston Young Lawyers Association Animal Welfare Committee, Member (2003-2005) Amigos de las Americas, Volunteer in Brazil (1995)

Access to Justice in Texas Chapter 9

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TABLE OF CONTENTS

PROBONO RESOLUTION............................................................................................................................................ 1

FAQ 2009 ........................................................................................................................................................................ 3

CLE SCHOLARSHIP PROGRAM FOR VOLUNTEER ATTORNEYS ...................................................................... 9

PRO BONO MENTOR PROGRAM INFORMATION ............................................................................................... 11

PRO BONO VOLUNTEER PERKS ............................................................................................................................ 14

PROP BONO COLLEGE REQUIREMENTS 2013 .................................................................................................... 15

PRO BONO COLLEGE MEMBERSHIP FORM 2013 ............................................................................................... 16

PRESENTATION NOTES ........................................................................................................................................... 17

POWERPOINT PRESENTATION .............................................................................................................................. 25

Adopted: September 22, 2000, State Bar of Texas Board of Directors

STATE BAR OF TEXAS RESOLUTION BE IT RESOLVED, that each Texas attorney should aspire to render at least 50 hours of legal services to the poor each year, or make an equivalent financial contribution to an organization that provides direct legal services to the poor. Legal services and support to the poor include the following:

(a) The direct provision of legal services to the poor without an expectation of compensation, or at

a substantially reduced fee, whether civil or criminal; (b) Services without a fee, or at a substantially reduced fee, related to simplifying the legal process

for, or increasing the availability and quality of, legal services to poor persons; (c) Legal services without a fee, or at a substantially reduced fee, rendered to charitable, public

interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons;

(d) Legislative, administrative or systems advocacy services without a fee, or at a substantially reduced fee, provided on behalf of poor persons; or (e) Unsolicited, involuntary appointed representation of indigents in criminal and civil matters.

Financial contributions to organizations that provide legal services to the poor, as well as out-of-pocket, non-reimbursed expenses incurred by a lawyer (handling a matter that qualifies under the definition of Legal Services to the Poor outlined above) are included, and may be considered as legal services to the poor. Also included are all legal services to the poor in Section 6 of the Preamble to the Texas Disciplinary Rules of Professional Conduct. Section 6 of the Preamble to the Texas Disciplinary Rules of Professional Conduct, 1995 revision:

A lawyer should render public interest legal service. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged. The provision of free legal services to those unable to pay reasonable fees is a moral obligation of each lawyer as well as the profession generally. A lawyer may discharge this basic responsibility by providing public interest legal services without fee, or at a substantially reduced fee, in one or more of the following areas: poverty law, civil rights law, public rights law, charitable organization representation, the administration of justice, and by financial support for organizations that provide legal services to persons of limited means.


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STATE BAR OF TEXAS PRO BONO POLICY – FAQ

2009

The State Bar of Texas Board of Directors adopted a revised Pro Bono Policy on September 22, 2000, which establishes an aspirational goal of 50 hours of pro bono legal services to the poor each year for each Texas attorney. The policy also establishes an annual reporting system so that each Texas attorney can report the pro bono legal services provided each year.

An estimated 75 percent of the legal needs of the poor are not being met. The State Bar Board intends for the pro bono policy to encourage attorneys to do more to try to close this gap between the need for legal services to the poor and available services. However, the State Bar Board recognizes that pro bono efforts alone will not adequately address the gap. Therefore, the State Bar Board continues to take additional actions such as working to emphasize that this is a societal issue that attorneys cannot address alone.

The definition of pro bono, examples of qualifying service, and answers to frequently asked questions about the policy are found below. (Qualifying services are not limited to the examples provided.) 1. What is the definition of pro bono services

and what are examples of services that qualify under each component of the pro bono definition? (a) The direct provision of legal services to

the poor without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal;

Examples include: 1. representing a low-income client who

comes to the attorney's office seeking help with a family law matter

2. representing a disabled client referred by a local pro bono project in a Social Security appeal

3. providing legal advice to a low-income client at a neighborhood legal clinic

(b) Services without a fee, or at a

substantially reduced fee, related to simplifying the legal process for, or increasing the availability and quality of, legal services to poor persons;

Examples include: 1. developing an ADR program specifically

designed for and accessible to low-income individuals

2. training or mentoring non-family law attorneys to handle family law cases for low-income clients

3. recruiting attorneys or raising money for the local pro bono program

4. providing services as a member of the board of directors of a legal services program

(c) Legal services without a fee, or at a

substantially reduced fee, rendered to charitable, public interest organizations

with respect to matters or projects designed predominantly to address the needs of poor persons;

Examples include: 1. preparing incorporation documents for a

new nonprofit health care clinic for low-income persons

2. providing the legal services necessary for a nonprofit community group to develop a low-income housing project

3. assisting a church in acquiring a zoning variance for a homeless shelter

(d) Legislative, administrative or systems

advocacy services without a fee, or at a substantially reduced fee, provided on behalf of poor persons;

Examples include: 1. representing low-income elderly persons

before the Public Utility Commission regarding a need for lifeline utility services

2. lobbying the Texas legislature for comprehensive health care services for low-income Texans

(e) Unsolicited, involuntary appointed

representation of indigents in criminal and civil matters. (superseded by the Fair Defense Act regarding appointment in criminal matters, since appointments are no longer involuntary. However, such appointments may count as “substantially reduced fee” work)

Example:

Representing an indigent parent in a termination of parental rights suit filed by the Department of Human Services as a result of an unsolicited, involuntary court appointment


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2. What is the definition of "poor"?

The pro bono policy does not specifically define “poor.” That decision is left to the individual program or attorneys. Many programs, such as those funded by the Legal Services Corporation or the Texas Access to Justice Foundation (IOLTA), define “poor” to be 125% of federal poverty guidelines. (e.g., in 2009 $27,562 gross for a family of four, and $13,537 for an individual) Clients referred by an organized pro bono project generally have been screened for income eligibility according to the local guidelines. Attorneys accepting independent pro bono cases are encouraged to use the poverty guidelines, but they may also use their own judgment regarding who is “poor.”

3. Do legal aid staff attorneys, public defenders, and prosecutors count their work time as pro bono, since they provide free legal services to the poor?

No. Although the services are free to the clients, the attorneys are paid for their work at salaries they have accepted. However, if these attorneys provide volunteer legal assistance to the poor outside their regular work, they may report those hours as pro bono service.

4. Do legal services to the poor have to be provided through an organized pro bono project to qualify? Services do not have to be provided through an organized pro bono project to qualify. Many attorneys provide substantial amounts of qualifying pro bono legal services to the poor on an independent basis.

5. How did the State Bar select the standard

of 50 hours? The 50-hour goal is based on the pro bono standard established by the American Bar Association in 1988.

6. What happens if an attorney does not

satisfy the 50-hour expectation? While each Texas attorney is strongly encouraged by the State Bar Board of Directors to provide 50 hours of qualifying services each year, no attorney will be disciplined for failure to comply.

7. Are attorneys expected to report their pro

bono hours to the State Bar and, if so, how do they do that? The State Bar has instituted an annual voluntary pro bono reporting system and each attorney is encouraged to report qualifying hours. Attorneys are asked to report their pro bono service and financial contributions on-line.

8. If substantially reduced fees are received

for appointments in criminal or civil matters, do the services provided still qualify under the pro bono policy? Yes, since 2000, substantially reduced fee work for poor people has been included in the definition of legal services to the poor, whether or not it involves a court-appointment. Free and reduced fee services are separated for reporting purposes.

9. What is the definition of “substantially

reduced fee”?

The pro bono policy does not specifically define “substantially reduced fee.” However, Lawyer Referral Services that offer reduced fee panels for low-income people, often use $50/hour as the maximum that panel lawyers may charge. Lawyers doing reduced fee work may use that fee or may use their own judgment in setting the fee.

10. Are there services in addition to representing a criminal defendant for free or for a substantially reduced fee that criminal law attorneys may count as pro bono? Yes, criminal law attorneys can play an important role in “preventive law.” Many pre-teens, juveniles and their families are unfamiliar with the juvenile justice system until they are involved in the system. Community education, e.g., speaking at schools or community centers, about the juvenile justice system counts as pro bono, so long as the audience is predominately poor.

11. What if I accept a client on a fee-paying

basis and later determine that, due to the client's low-income status, services should be provided on a pro bono basis? The definition includes legal services provided “without an expectation of compensation.” Attorneys must use their discretion to determine what services are


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provided “without an expectation of compensation.”

12. What if my employer prohibits outside

practice of law? While some employers still prohibit the outside practice of law in pro bono matters, many employers, such as various government employers, are relaxing such restrictions. The State Bar attempts to work with those who have such restrictions to encourage them to remove or modify them. However, for those attorneys whose employers currently prohibit the outside practice of law, the State Bar encourages them to try to participate in the kinds of services that qualify that do not constitute the practice of law, such as those included under part (b) of the definition. No attorney is expected to comply with this policy if absolutely prohibited by the employer. But in some circumstances such as the statutory prohibitions against outside practice by some prosecutors, “outside practice of law” has been defined to exclude pro bono legal services to the poor.

13. Transactional attorneys often provide legal

assistance to non-profit organizations such as schools, churches, and social service agencies by doing such things as drafting by-laws, handling contract negotiations, and providing legal advice. Do these services count under the definition? Yes, where the population benefiting from or comprising the non-profit organization is predominately poor, as in a church or school located in an inner-city neighborhood or a provider of social services to the homeless, the legal services provided to the organization qualifies as pro bono services to the poor under (c) of the definition.

14. Are there any other non-litigation services

that transactional and other attorneys can provide that count as pro bono under the definition? Yes. There are many kinds of pro bono opportunities that do not involve litigation or court work that would qualify as direct legal services to the poor. Included are various real estate transactions (such as assistance with clearing title), explaining the terms of a contract, negotiating a lease or repayment agreement, drafting a will or other estate planning documents, probating a will, advising on tax matters, appealing the denial

of SSI or other public benefits, and negotiating with an insurance company. Most pro bono programs provide volunteer attorneys with specialized training, materials and mentors to help guide volunteer attorneys through simple family law matters. Participation in a legal clinic or free legal seminar for the public, such as a legal awareness for the elderly clinic, also qualifies as pro bono so long as the audience is primarily poor. Simply providing free legal advice over the phone to a poor person qualifies, as does conducting intake interviews through organized pro bono programs.

15. Legal services provided to other kinds of

non-profit organizations and non-legal volunteer services provided to a non-profit organization or a low-income person are not included in the definition. Why not? Texas attorneys provide countless hours of civil services in various kinds of community activities. The legal profession should be commended for its voluntary contributions to society. However, in establishing this pro bono policy, the State Bar Board of Directors recognized that lawyers have a special talent and license to provide a unique service that non-lawyers are prohibited from providing. The Board also recognized that the legal needs of the poor only minimally are being met and that it is an attorney's responsibility to provide equal access to justice to even our poorest citizens or residents. Additionally, the Board recognized that the Texas Disciplinary Rules of Professional Conduct and the Texas Lawyer's Creed both establish an ethical obligation of Texas attorneys to provide legal services to the poor.

16. Bar associations often respond to a natural

disaster by organizing pro bono legal services for victims. If an attorney provides free legal assistance to these victims, does that count as pro bono services, even if the disaster victim would not generally qualify as poor? In situations where the federal or state government(s) has declared a disaster or crisis, the victims of that disaster or crisis are determined by the government to be indigent, even if only temporarily, as a result of that disaster. Legal assistance rendered to these victims without an expectation of compensation, as part of a Bar-sponsored activity, qualifies as pro bono services to the


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poor under (a) of the definition. 17. Do mediation services provided by an

attorney count under the pro bono policy? Mediation services provided at no cost when at least one party is low-income qualify under part (b) of the pro bono policy definition.

18. Can an attorney contribute money to a

legal services program in lieu of providing 50 hours of pro bono legal services to the poor? Since 2000, the pro bono policy has included the option of making financial contributions to legal services programs in lieu of providing pro bono service. The policy states “each Texas attorney should aspire to render at least 50 hours of legal services to the poor each year, or make an equivalent financial contribution to an organization that provides direct legal services to the poor.” (emphasis added.) Financial contributions to other nonprofit organizations do not qualify. Financial contributions are reported separately from free legal services and substantially reduced fee legal services.

19. What if an attorney volunteers to handle

ad litem appointments in fee generating cases with the understanding that the ad litem attorney fees will be donated to charity? If the volunteer ad litem fees are donated to a 501(c)(3) charity that provides direct legal services to the poor, the hours may be counted as pro bono activity.

20. Where a volunteer attorney acts as ad

litem for a no-show defendant in a case where the plaintiff is the one benefiting from the ad litem's presence, can this be considered pro bono services? If, at the request of a pro bono program or indigent individual, an attorney serves as ad litem with no expectation of fee and agrees at the beginning that the fee will be waived or donated to a pro bono program, then the work of the ad litem will qualify as pro bono hours under the definition.

21. Do law related lectures/education to the

public count as pro bono activity? When the law related lecture/education is provided to an audience of poor people, then

it may be considered pro bono activity under State Bar definition.

22. When pro bono work is done by one

attorney at the request or direction of another, who may count the hours? In the case of a subordinate attorney doing pro bono work as part of his/her job, at the direction of a supervising attorney, either attorney may count the hours, as long as the work does not get reported twice. In the case of a law firm system whereby designated attorneys do all the firm's pro bono work as part of their job, then the firm may equitably allocate the reportable hours amongst firm attorneys, making sure not to count such services twice. Supervising attorneys should be discouraged from taking full credit in either situation. If one attorney pays another attorney to perform legal services to the poor and assures that the work is done competently, the referring attorney may claim the pro bono hours. Of course, the paid attorney may not.

23. What if an attorney provides more than 50

hours of pro bono legal services? Many Texas attorneys do provide more than 50 hours of pro bono legal services each year. The State Bar commends those attorneys for their outstanding efforts. An attorney who provides more than 75 hours in a year to pro bono legal services to the poor may be eligible for admission into the Pro Bono College of the State Bar.

24. How can an attorney find out about local

pro bono opportunities? Most communities in the state of Texas have at least one organized pro bono project that can assist attorneys in identifying clients that need their services. Any attorney who cannot locate such a program or needs assistance in identifying an appropriate program may contact the local bar association, or Texas Lawyers Care at 1-800-204-2222, ext. 1855, or in Austin, 512-427-1855.

25. Do other states have pro bono policies?

Many states now have aspirational pro bono standards for their attorneys with varied amounts and definitions. So far no state has adopted a mandatory pro bono system, although it has been considered in several states. Some states (Florida, Illinois,


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Maryland, Mississippi, and Nevada) have mandatory reporting of pro bono service. And Texas, along with Arizona, Georgia, Hawaii, Kentucky, Louisiana, Missouri, Montana, New Mexico, Utah and Washington, have voluntary pro bono reporting.

26. Where can an attorney find out more

about the pro bono policy? Copies of the policy and additional information are available from Texas Lawyers Care, the pro bono activation and support project of the State Bar. Contact Texas Lawyers Care at [email protected] or 1-800-204-2222, ext. 1855 (in Austin 427-1855) or P.O. Box 12487, Austin, Texas, 78711.


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mailto:[email protected]

PO Box 12487 Austin, Texas 78711-2487 800.204.2222 ext. 1855 512.427.4160 (Fax)

STATE BAR OF TEXAS

Legal Access Division [email protected]

Legal Access Division/TexasBarCLE Tuition Waiver Program For Pro Bono Volunteer Attorneys

Purpose The purpose of this tuition waiver program is to reward valued service by dedicated pro bono volunteers and to better prepare the volunteers for service in the future. Program Eligibility To qualify for a pro bono volunteer CLE tuition waiver, the attorney must be providing pro bono services to an organized pro bono/legal services program that is either:

a) a recipient of Texas Access to Justice Foundation (TAJF) funds; or b) a Texas recipient of Legal Services Corporation (LSC) funds; or c) a Texas non-profit that provides civil legal services where at least 50% of the services provided

are free to Texans whose income is 175% of federal poverty guidelines or less. Tuition Waivers Tuition waivers are for tuition only and limited to State Bar licensed pro bono attorneys of an eligible organized pro bono/legal services program. The tuition waiver is to attend a TexasBarCLE sponsored course. Seminars offered at the State Bar of Texas Annual Meeting and specialty-type courses are not eligible for tuition waivers. Nominations It is the responsibility of the pro bono coordinator to nominate specific volunteers for specific seminars. Please do not have pro bono volunteers contact Legal Access Division for a nomination form. Nomination forms are only given to the pro bono coordinator for completion. Nominees must commit to attendance prior to nomination. More than one tuition waiver can be awarded to the same seminar. The same pro bono attorney should not be nominated within four months or less between each nomination. Coordinators are encouraged to nominate different attorney volunteers for tuition waivers to reward them for their valued service.


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PO Box 12487 Austin, Texas 78711-2487 800.204.2222 ext. 1855 512.427.4160 (Fax)

Nominations for CLE tuition waivers should be submitted to Legal Access Division at least two weeks before the seminar. Nominations submitted less than two weeks before the seminar risk the chance of not being considered. The nominator and tuition waiver recipient will be notified by email or mail if the tuition waiver is granted. Submitting a nomination form does not guarantee approval of the tuition waiver. How to Apply To apply, the pro bono coordinator must complete the Pro Bono Volunteer Attorney CLE Tuition Waiver Nomination Form and submit to Legal Access Division at least two weeks prior to the seminar. (See attached form.) If the course registration form is available, please attach the completed form to the nomination. Incomplete nomination forms may not be considered. The completed nomination form should be emailed to [email protected], mailed to Legal Access Division, P.O. Box 12487, Austin, TX 78711-2487, or faxed to 512/427-4160. Cancellations Pro bono volunteer attorneys who are not able to attend the seminar must notify the pro bono coordinator and Legal Access Division at least one week prior to the seminar. Course books cannot be substituted in place of attendance. Substitutions If the volunteer attorney is not able to attend a seminar, the pro bono coordinator may substitute another volunteer attorney to attend the seminar with the approval of Legal Access Division. The volunteer attorney cannot substitute another attorney to take her/his place at the seminar. Request for substitutions should be made in writing, faxed, or emailed to Legal Access Division as soon as possible. Please include the name and State Bar card number of the pro bono volunteer to be substituted. Questions For questions regarding the Legal Access Division/TexasBarCLE Tuition Waiver Program, call us at 1-800-204-2222, Ext. 1855 or 512/427-1855, in Austin. You may also contact us by email at [email protected].


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State Bar Pro Bono Mentor Program provides up to five hours of MCLE credit (including one hour of ethics) to attorneys participating as either a “mentor” or “mentee” when handling a pro bono case for an approved legal aid or pro bono service program. To participate in the program, the mentor and mentee must qualify under the program guidelines listed below. The pro bono coordinator must submit a completed Pro Bono Mentor Program Application to Legal Services Support Division (LSSD).

GUIDELINES FOR ELIGIBILITY FOR MCLE CREDIT

STATE BAR PRO BONO MENTOR PROGRAM

Texas MCLE regulations authorize up to five hours of group participatory CLE credit for participating as a mentor or mentee in the State Bar Pro Bono Mentor Program. A. Definitions:

Pro Bono Mentor: An attorney who is knowledgeable in an area of law and provides advice in that area of law to an attorney handling a legal matter assigned by an eligible staff legal services/pro bono program, as defined in Section C (below). Pro Bono Mentee: An attorney handling a legal matter assigned by an eligible staff legal services/pro bono program, as defined in Section C, who receives advice from an attorney knowledgeable in the relevant area of law.

B. Program Approval: LSSD will annually apply for accreditation of the State Bar Pro Bono Mentor Program through the MCLE department of the State Bar. Accreditation is available for up to five hours of group participatory credit, including one hour of ethics, for each eligible attorney as defined below. C. Staff Legal Services/Pro Bono Program Eligibility: Individual attorneys who wish to receive MCLE credit under this program must serve as either a pro bono mentor or mentee for a case accepted through a provider of legal services to the poor which meets at least one of the following criteria:

a) a Texas recipient of Legal Services Corporation funds; b) a recipient of Texas Access to Justice Foundation funds; or c) a Texas non-profit or governmental entity that provides civil legal services if at least

50 percent of the services provided are free and benefit Texans whose income is 175 percent of federal poverty guidelines or less.

LSSD will determine legal services program eligibility according to the above criteria. D. Pro Bono Mentor/Mentee Eligibility:

A pro bono mentor who advises a pro bono mentee on legal issues that arise for the pro bono mentee in a legal matter assigned to the mentee through an eligible staff legal services/pro bono program may apply for MCLE group participatory credit for each hour of mentor service, up to five hours annually.

PRO BONO MENTOR PROGRAM


11

A pro bono mentee who receives advice and counsel from a pro bono mentor in a legal matter assigned to the mentee through an eligible staff legal services/pro bono program may apply for MCLE group participatory credit for each hour of assistance received from the mentor, up to five hours annually.

E. Application for Credit: Application forms for MCLE credit through the State Bar Pro Bono Mentor Program shall be prepared by LSSD and approved by MCLE and shall require the mentor/mentee to sign a statement of participation indicating compliance with these guidelines and through which eligible staff legal services/ pro bono program the mentor/mentee qualifies. Application forms shall be submitted to LSSD by the eligible staff legal services/pro bono program. LSSD shall process the forms to determine the eligibility of the staff legal services/pro bono program. LSSD shall submit to MCLE, at regular intervals, attorney information and data from all applications submitted by eligible staff legal services/ pro bono programs. F. Eligibility for Self Study Credit: Attorneys may also claim self study credit for any hours satisfying the above requirements (up to five hours) for which group participatory credit is not requested.


12

STATE BAR PRO BONO MENTOR PROGRAM MCLE CREDIT APPLICATION

ATTORNEY APPLICANT INFORMATION:

Applicant’s full name:

Applicant’s State Bar number:

Applicant’s eligible category: (please select one)

Mentor Mentee

Applicant’s requested MCLE hours*: *Rounded to nearest .25 hours

0.00 Participatory hours, of which 0.00 is ethics. Texas MCLE Regulations Rule 2.1.1.d authorizes group participatory credit (up to 5.0 hours, of which 1.0 hour will be classified as ethics) for participating as a mentor or mentee in a State Bar accredited mentor program.

I hereby swear or affirm that I have participated for the hours reported above as a mentor or mentee under the auspices of an eligible program in compliance with the State Bar Pro Bono Mentor Guidelines. I understand that a false statement or misrepresentation regarding any CLE credits on my record is subject to disciplinary action pursuant to Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct. Applicant’s Signature:

Date:

SPONSORING ORGANIZATION’S INFORMATION:

Name of Sponsoring Organization:

Sponsoring Organization’s Classification: (please select one)

Legal Services Corporation grantee Texas Access to Justice Foundation grantee Texas non-profit or governmental entity that provides civil

legal services where at least 50% of these services are free and benefit Texans whose is 175% or less of the federal poverty guidelines.

Authorized Representative’s Full Name: Title:

Authorized Representative’s Phone Number:

Authorized Representative’s Email:

SPONSORING ORGANIZATION MUST RETURN COMPLETED FORM TO LEGAL SERVICES SUPPORT DIVISION – P.O. BOX 12487, AUSTIN TX 78711-2487

Authorized Representative’s Signature:

Date:


13

STATE BAR SUPPORT PROVIDED TO PRO BONO ATTORNEYS

State Bar Malpractice Insurance Network pays premiums for professional

liability insurance for nearly 60 legal aid and pro bono service programs

throughout Texas. The insurance covers staff attorneys and pro bono volunteers

for cases taken through these programs. The Legal Services Support Division

(LSSD) administers the network.

Tuition Waivers to TexasBarCLE courses are available for pro bono attorneys

who are nominated by approved legal aid or pro bono service programs for their

service.

State Bar Pro Bono Mentor Program provides up to 5 hours of MCLE credit

(including 1 hour of ethics) to attorneys participating as a “mentor” or “mentee”

when handling a pro bono case for an approved legal aid or pro bono service

program.

Free Membership in the Pro Bono College of the State Bar for attorneys who

contribute a minimum of 75 hours (or paralegals who contribute a minimum of

50 hours) of eligible pro bono legal services in a year. Benefits include a one-year

free subscription to the TexasBarCLE Online Library (a $295 value); a certificate

signed by the State Bar President and the Chief Justice of the Supreme Court of

Texas; a subscription to the LegalFront e-newsletter published by LSSD;

recognition at the State Bar Annual Meeting and reduced tuition at the 3-day

Annual Poverty Law Conference sponsored by LSSD.

Access to the Statewide Advocate Website at www.TexasLawyersHelp.org

containing resources for legal aid and pro bono attorneys in Texas. Register now!

For more information about any of these programs, please visit

www.texasbar.com/probono, call 800-204-2222, ext. 1855 or

email [email protected].


14

http://www.texaslawyershelp.org/


PRO BONO COLLEGE OF THE STATE BAR OF TEXAS

Pro Bono Department P.O. Box 12487 Austin, TX 78711-2487

800-204-2222, ext. 1855 512-427-1855 (Austin) Fax: 512-427-4160 e-mail: [email protected]

Created in 1992 by the State Bar of Texas, the Pro Bono College recognizes those attorneys who have far exceeded the State Bar’s aspirational pro bono goal in their efforts to address the vast unmet legal needs of the poor by providing a significant number of hours of eligible pro bono service during the previous year. REQUIREMENTS FOR MEMBERSHIP: • be any attorney in good standing with the State Bar of Texas • have performed a minimum of 75 hours of eligible legal assistance activities, during the

past year, which are defined as:

a) the direct provision of legal services to the poor, without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal;

b) services without fee, or at a substantially reduced fee, related to simplifying the legal

process for, or increasing the availability and quality of legal services to, poor persons;

c) legal services without fee, or at a substantially reduced fee, rendered to charitable, public interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons; or

d) legislative, administrative or systems advocacy services without fee, or at a substantially

reduced fee, provided on behalf of poor persons. • complete and submit the Pro Bono College form to the State Bar Pro Bono Department

address below. Please note: No retroactive certificates will be issued beyond a grace period of one year.

BENEFITS: • a certificate signed by the State Bar president and the chief justice of the Supreme Court of

Texas • a free one year subscription to TexasBarCLE's Online Library • recognition at the State Bar Annual Meeting • a subscription to the LegalFront e-newsletter published by Legal Services Support at the

State Bar • reduced tuition at the Annual Poverty Law Conference sponsored by Legal Services

Support at the State Bar • Most important, perhaps, is the intangible benefit of knowing that you have provided

access to the legal system for people who otherwise would have been denied justice.


15

PRO BONO COLLEGE OF THE STATE BAR OF TEXAS

Pro Bono Department P.O. Box 12487 Austin, TX 78711-2487 800-204-2222, ext. 1855, 512-427-1855 (Austin) Fax: 512-427-4160 e-mail: [email protected]

2013 NEW/RENEWED MEMBERSHIP

I affirm that I am an attorney in good standing with the State Bar of Texas and have, during the past year, performed a minimum of 75 hours of eligible pro bono legal assistance activities, defined as:

a) the direct provision of legal services to the poor, without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal;

b) services without fee, or at a substantially reduced fee, related to simplifying the legal process for, or increasing the availability and quality of, legal services to poor persons;

c) legal services without fee, or at a substantially reduced fee, rendered to charitable, public interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons; or

d) legislative, administrative, or systems advocacy services without fee, or at a substantially reduced fee, provided on behalf of poor persons.

Print Name: TX Bar Card No. Email Address City/State Zip Phone Total Pro Bono Hours in 2012: Total Reduced Fee Hours for 2012: All members will receive a Pro Bono College 2013 membership certificate. If you have lost or need a replacement certificate for a prior year, please let us know and we will get you a new one at no cost. 2013 Certificate for New/Renewing Members Replacement Certificate for the Year: _________

__ Bar Member's Signature Date Please return the signed form to the address below.

For Office Use Only Year: Entry Date: By:


16


Access to Justice in Texas

Guide to Basics Course

March 27, 2013

PART ONE

1. Introduction – TAJC Slide

My name is Trish McAllister and I’m the ED of the Texas Access to Justice Commission.

Thank you for giving me the opportunity to talk with you about access to justice in Texas. (CLICK)

2. More Poor, Fewer Lawyers to Help Slide

First, I’d like to give you a few statistics about our current situation in Texas.

There are almost 6 million people who qualify for legal aid, yet legal aid and pro bono programs can

only help about 20% of those who need it.

Texas has an 18% poverty rate – one of the highest in the nation – so the number of people who

are turned away is only going to grow.

Combine all this with the fact that funding for legal aid has rapidly decreased.

o IOLTA funding went from $20M in 2007 to $4.4M in 2012.

o Federal funding through the Legal Services Corporation to the 3 largest legal aid providers also

dropped about 15% this year in Texas. (CLICK)

3. Faces of Poverty Slide

So, just who are the people that legal aid is trying to help?

o Women, Families, Elderly, Working Poor, Veterans.

How many of you have worked or volunteered for a legal aid provider?

o Do any of you have a story of a client that was helped while you were there? Legal Aid helps people like Marie, a mother who lived in rural West Texas with her three children in

a subsidized apartment.

o Two of the kids had had serious medical conditions that required frequent trips to doctors

and even to a hospital hundreds of miles away from their home. Their grandmother stayed

with the family from time to time to help out. Unexpectedly, the family was served with an

eviction notice by the local housing authority for allowing someone to live in the apartment

that wasn’t unauthorized to live there.

o An attorney represented Marie at the eviction hearing. He presented evidence of the

children’s medical problems, including one child’s difficulties with epilepsy, which required

hospitalizations and treatments far from home. The attorney explained that the

grandmother stayed with Marie periodically and was a key component in the mother’s

ability to care for her two sick children as well as her healthy child.

o At the hearing, it soon became clear that the housing authority director had no first‐hand

knowledge that the grandmother actually lived in the home. Their only evidence of

unauthorized occupancy arose from a written statement of someone who was not present

at the hearing. The statement was challenged by the attorney and the case was won. But

for Marie and her three children, it meant that they were able to stay in their subsidized

apartment, and, in effect, prevented them from becoming homeless. (CLICK)


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4. Legal Services Programs

Who are the legal service providers in Texas?

LSC‐Funded programs:

o There are three legal services providers that receive funding through the Legal Services

Corporation in Texas.

Legal Services Corporation is the national organization that receives the Congressional

appropriation for legal aid and then disseminates it to legal aid orgs throughout the

country.

o They are Legal Aid of NW Texas, Lone Star Legal Aid and Texas RioGrande Legal Aid

o These three programs are responsible for ensuring coverage for the entire state.

o Each legal aid program serves a geographic area the size of Colorado. As you can imagine, that

is no easy task.

Non‐LSC Funded:

o There are many legal services programs that do not receive funding through LSC

o These programs offer services made possible through state and private funding, such as those

offered by the Texas Access to Justice Foundation.

o These are the legal services programs in Travis County. (CLICK)

5. Legal Aid Programs in the State

This slide depicts the paucity of legal aid offices in Texas.

o Look at how much empty space there is on this map.

o The dots represent places where there is a legal aid office.

There is simply not enough funding for legal aid to have an office in every county.

o People who qualify for legal aid often don’t have the means to travel such long distances to a

legal aid office. (CLICK)

6. Lawyers in Texas

There is 1 private practice attorney for every 392 Texans.

Now, compare that to the fact that there is only 1 legal aid attorney for over 11,000 poor Texan in

need. (CLICK)

7. How is Poverty Defined

So, how poor is poor? Well, there are many different definitions of poor.

o Does anyone know what it is to qualify for food stamps?

o How about federal housing? At legal aid, it is 125% of the federal poverty guidelines.

For a single person, that means $14,363 per year in GROSS income.

For a family of 4, you cannot earn more than $29,438 per year – or about $2,400 per month.

Given this information, do you think a single person working a minimum wage job would qualify for

Legal Aid? (CLICK).


18

o Well, you’d think so but you’ll see here that a minimum wage worker earns $15,080 per

year, which is about $1500 more than allowable income for a single person to qualify

for legal aid. Can you imagine living off of $15,080 per year? How could you possibly

pay for an attorney with that level of income? (CLICK)

8. Areas in Need of Assistance

What are the biggest areas of need for civil legal services?

This chart shows the cases closed by legal aid offices in Texas, broken down by practice area.

o As you can see, the vast majority of need is in the family law area, but housing, probate

matters like guardianships and wills are also large.

o Immigration matters show as a big component of legal aid cases, and they are, but the

stats are a bit misleading because unlike most legal aid cases, a case is opened for each

family member getting assistance.

Also, because there are so many people that apply for services, legal aid must set case priorities

to help them determine who to serve.

o For example, legal aid programs typically only handle family law cases that involved

domestic violence. If you have a contested divorce but you are lucky enough not to

have been a victim of abuse, your case will NOT be accepted at legal aid. So, what do

you do then? (CLICK)

9. LSC Funding

Now, add to this mix the fact that funding has been decreasing for legal aid providers.

Remember the three legal aid providers that get federal funding from Congress through the

Legal Services Corporation?

This slide shows how funding has been declining for these organizations over the years despite

the increase in population they are responsible for serving.

o As you can see, in 1981, Congress appropriated $321 million for LSC when the US

poverty population of 43 million.

o In 2013, Congress appropriated only $350 million in LSC funding to address a US

poverty population of 60 million.

LSC funding rose to $420 in 2010, dropped to $404 in 2011 and then down to

$348 in 2012. (CLICK)

10. IOLTA Funding Now, remember all the other legal aid providers who don’t get funding from LSC?

For them, the main source of funding has historically been from Interest on Lawyers Trust

Accounts – or IOLTA funds.

o This slide shows that IOLTA accounts generated over $20 million for legal aid in 2007

but with the drop in interest rates due to the economic downturn, these accounts are

expected to generate only $4.4 million this year. (CLICK)


19

11. Increasing Legal Services to the Poor

So, how do we go about increasing legal services to the poor?

Well, there are 3 main components of our legal service delivery system in Texas, so there are

there 3 over‐arching ways to do that:

o Our 1st component is legal aid attys, so can increase the # of legal aid attorneys to help.

Basically, that translates into increasing funds for legal aid so that they can hire more

personnel or creating efficiencies to free up time for staff attorneys to handle more

cases. CLICK

o 2nd component is pro bono, so another way to increase legal services to the poor is to

increase the number of lawyers who do pro bono. CLICK

o And finally, our 3rd component are pro se litigants – people who have to represent

themselves. So, we can look at ways that make it easier for those who do not get a legal

aid or pro bono attorney, and who cannot afford an attorney, to represent themselves.

CLICK

12. State Bar of Texas Slide We’ve already spent some time on the funding side of legal aid, so let’s take a minute to talk

about pro bono.

The State Bar also supports the idea of pro bono as an integral part of the legal services delivery

system.

o In 2000, the State Bar set an aspiration goal that each lawyer perform 50 hours of pro

bono each year.

And, it created the Legal Access Division to help lawyers do so. I’ll talk more

about this in a minute.

The State Bar has a definition of what counts as pro bono that you can find on the Bar’s

website.

o Basically, it is direct legal services to the poor without the expectation of being paid or at a substantially reduced rate.

o It doesn’t count as pro bono if someone hires you and then fails to pay you.

Other things that count as pro bono are

o Pro bono work that simplifies the legal process for poor people

o Pro bono legal work for a non‐profit organization that helps poor people o Legislative or advocacy work to help the poor. CLICK

13. SBOT Legal Access Division The Legal Access Division provides support and tools that make it easier for attorneys to do pro

bono.

They provide malpractice insurance to lawyers who are doing pro bono through a certified legal

aid or pro bono provider

They sponsors the pro bono college, which is free to anyone who completes at least 75 hours of

pro bono in any given year.

The Referral Directory lists places where you can refer low‐income people to for legal help.


20

The Emeritus Attorney program allows attorneys not licensed in Texas but who have practiced

5 years out of the last 10 to do pro bono under the auspices of an approved pro bono legal aid

program. This program is currently being reviewed to look at the possibility of reducing it to

needing to practice 3 out of the past 7 years. CLICK

They also sponsor the Mentor/Mentee MCLE program where you can partner up with a more

experienced lawyer to be mentored and earn 5 hours of CLE.

14. Continuum of Legal Assistance Slide

Now, let’s go back and talk a bit about the third component to our legal delivery system –

people who must represent themselves.

o And, as I’ve mentioned, that’s the majority of people who are poor.

o Last year, legal aid and pro bono organizations closed about 100,000 cases – which equates to about 20‐25% of the need.

o Even if each of the 90,000 licensed attorneys took a case, we’d still only meet about

40% of the need.

o That doesn’t mean we should give up on pro bono. We need to continue to strive to

increase it. But, it does suggest that we need to look at other solutions to address the

issue.

So this slide shows the various ways that someone can get legal assistance ‐ from no

representation to full representation by an attorney.

o Traditionally, legal aid organizations have worked at growing the right end of the spectrum by trying to raise more funds for legal aid to be able to hire more attorneys

and by trying to recruit more pro bono lawyers. And while we’ve had great success, it

simply has not kept pace with the rapidly growing numbers of poor in our state.

o In response, people across the nation started looking at other ways to increase access to the courts for the poor.

o There are a lot of innovative things happening. For example, looking to the middle of this spectrum, another way to help

people is to connect them to an attorney for help with at least part of their

case.

Limited Scope Representation

a. Those who cannot afford a lawyer to handle their entire case, might be

able to pay an attorney to help them do their case on their own.

b. This is called limited scope representation or unbundling, and it is

authorized in Texas under 1.02(b) of the Texas Disciplinary Rules of

Professional Conduct.

c. You see pro bono organizations often use LSR in their delivery model by

having pro bono attorneys give advice to people on their legal matter.

o However, the majority of activity nationwide has occurred on this left side of the

spectrum in trying to help those who cannot afford an attorney and who cannot get

help through legal aid – those who must try to resolve their legal matters pro se.


21

Forms

a. Most states across the nation started their efforts to reduce barriers to

the courts for pro se litigants by promulgating Court approved or

statewide forms for noncomplex cases that were simple and easy to

use.

i. The reason they start with forms is because they are a basic

tool that is needed to resolve any issue in court

Self‐Help Centers

a. A natural outgrowth of forms are self‐ help centers. These are places

that people can go to get basic information and forms to help them

with their case.

b. These can be anything from a kiosk where there is a computer terminal

and a printer to full scale self‐help centers that are located onsite at

the courthouse

Assisted Pro Se without Advice

a. This is typically the scenario with someone helping direct a pro se

litigant to appropriate forms and information at a self‐help center

Assisted Pro Se with Advice

a. This is a common model for pro bono organizations. We are able to

have one attorney lead a class of people who have the same type of

case through filling out forms and completing their own legal matter.

OK, so that is a quick and dirty overview of access to justice and the legal service delivery

system in Texas.

15. So what can you do to help? There are a lot of things that you can do:

o Take a case o Give advice at legal advice clinics o Serve as a mentor

o Be a speaker at a CLE to train pro bono lawyers o Work at the policy level or systemic level to increase access to justice for the poor –

we’ll talk about those more in a bit

Bank at a Prime Partner Bank – another thing you can do is to bank at a PP Bank.

o A PP Bank is a bank that voluntarily agrees to pay 1% interest on IOLTA accounts. o This slide shows the effect of banking at a prime partner bank. If you have $99K in your

IOLTA account and bank at a bank that pays only .01%, the interest earned at the end

of the year will be only $9.90. But, if you bank at a Prime Partner Bank, the interest

earned for legal aid at the end of the year will be $990.

o That may not seem like a lot of money but when you consider the number of IOLTA

accounts in the state of Texas and the amount of money that is flowing through them,

it quickly adds up.

o It is a simple way that you can really help legal aid and the poor in our community.

CLICK


22

Other Things – other things you can do include

o Help on a local, statewide, or national level to increase funding: Do you or someone you know, know a legislator or Congressman? If so, talk to

that person about the importance of legal aid.

o Hold a Fundraiser: You can hold a fundraiser for legal aid or help those that are holding one. CLICK

o Lawyer Referral Service: See if your community has a lawyer referral service.

If they don’t start one.

Legal aid lawyers need a place to send people that they can’t help

o Reduced Fee Panel: If your community already has a LRS, see if they have a reduced

fee panel – which is where attorneys agree to take cases from low to modest means

clients on a reduce fee basis. If they don’t start one.

o Limited Scope: Promote limited scope representation. If someone can’t afford an

attorney for their entire case, they might be able to get some help from a lawyer who

works with them on a limited scope basis.

o Get involved with your local legal aid provider. Get involved with your local legal aid provider.

Find out what is causing them problems – is there a particular rule or legislation

that is problematic and impacts their clients more than anyone else’s?

If so, help them fix it.

s

o If you don’t have time, make a contribution.

Support the local fundraising efforts

And make the ATJ contribution on the State Bar dues statements too CLICK


23

mak ing a d i f f e r en ce

Attorn

eys

More Poor, Fewer Lawyers to Help

• In Texas, almost 6 million people qualify for legal aid.

• Legal Aid can help only 20% of those who need services.

• 18% poverty rate in Texas.

• Decreased funding for legal aid.


25

The Face of Poverty

• Programs funded by the Legal Services Corporation (LSC)

– Legal Aid of NorthWest Texas

– Lone Star Legal Aid

– Texas RioGrande Legal Aid

• Many non‐LSC funded programs

– Disability Rights Texas

– Catholic Charities Immigration Services

Legal Services Programs


26

Legal aid programs throughout the state

To contact the legal aid provider in your area, visit:

www.TexasLawHelp.org

Lawyers in Texas

There is one Texas attorney in private practice for every 392 Texans

There is only Texas legal aid attorney for every 11,152 poor Texans

:

:


27

How is Poverty defined?

Legal Aid eligibility125% of Federal poverty level

= $14,363 per year for a single person

= $29,438 per year for a family of four

A minimum wage worker earns $15,080 per year.

or about $2,400 gross income per month

Areas in Need of Assistance

Types of Legal Aid CasesFamily & Domestic Violence

Immigration

Housing Law

Probate, Torts, & Incorporation

Social Security, Food Stamps, other gov't benefitsConsumer Protection

Education & Juvenile Rights

Health Care


28

LSC Funding

• 43 million poor

• $321 million in LSC funding

• 60 million poor

• $350 million in LSC funding

1981 2013

Equates to $1.16 billion in 2012 dollars,if adjusted for inflation and population growth

20.1

12.1

5.8

4.4*

0

5

10

15

20

25

Mill

ions

IOLTA Fund Decline


29

Increasing Legal Services to the Poor

• Legal Services Programs

• Private Attorneys –

Pro Bono

• Self Help

State Bar of Texas

• Aspirational standard– 50 hours a year

• What constitutes pro bono?

– Pro bono policy

– FAQs

• Once licensed, report your pro bono hours

online at: ww.texasbar.com/mybarpage


30

SBOT Legal Access Division

Support for Pro Bono Attorneys, Legal Aid and ATJ infrastructure:

• Malpractice insurance

• TexasBarCLE scholarships

• Mentor/Mentee MCLE credit

• Pro Bono College

• Referral Directory

• Emeritus Attorney Program

Mentor Program

• Earn up to five hours of participatory CLE, including one hour ethics annually for mentoring or being mentored on a pro bono case.

• Examples of Mentoring include:

– Advice

– Document review

– Court accompaniment


31

Private attorney

Legal aid or pro bono attorney

Court‐appointed attorney

Assisted pro se with advice

Help Pro Se Litigants

Limited scope representation

Staffed self‐help center in

courthouse

Assisted pro se with no advice

Internet‐based self‐help services

What You Can Do To Help

• Take a case.

• Give advice at legal advice clinics.

• Be a mentor.

• Speaker at Pro Bono Training CLE.

• Work at Policy or Systemic Level to Increase Access to Justice for the Poor.


32

Bank AComparable Rate =

0.01%

Bank BComparable Rate =

0.25%

Bank CBenchmark =

0.50%

Bank DPrime Partner

Rate =1.0%

Prime Partner Banks


• Bank at a Prime Partner Bank

• Get involved in Legislative Efforts to Raise Funds for Legal Aid Programs.

• Help with a Local or Statewide Fundraiser


33


• Start a Lawyer Referral Service.

• Establish a Reduced Feel Panel.

• Promote Limited Scope Representation.

• Get Involved with Local Legal Aid or Pro Bono Program.

• Financially support Legal Aid.

For more information contact:

Trish McAllister512.427.1862 or 800.203.2222, Ext. 1862

[email protected]


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access to justice in texas · 2013. 10. 17. · community diocese of lubbock catholic foundation...

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