Answering the Call Pro Bono Summit Nashville Tennessee

Answering the Call Pro Bono Summit Nashville, Tennessee January 21, 2011 Brought to you by: Tennessee Supreme Court Tennessee Access to Justice Commission

Increasing Pro Bono Participation – More Attorneys Giving More Time Margaret L. Behm Justice Janice M. Holder Maeghan Jones Linda Warren Seely Lucinda Smith

2008 -2009 • Supreme Court Strategic Plan • TBA Focus on ATJ ▫ Statewide Public Service Day (4/4) • ATJ Partners ▫ ▫ MBA, TBA, and other bar associations TALS Legal Aid Organizations Others Community Legal Center Association for Women Attorneys Law Schools and Law Student Groups

2008 - Appointed ATJ Coordinator Anne-Louise Wirthlin Anne. Louise. Wirthlin@tncourts. gov Nashville City Center, Suite 600 511 Union Avenue Nashville, TN 37219 615 -741 -2687 800 -448 -7970 Liaison between Court, ATJ organizations, legal professionals, and others Assists with planning and implementation of events and initiatives

December 2008 Announcement of ATJ initiative January – April 2009 5 Public Meetings April 2009 Formation of ATJ Commission Access to Justice Initiative

Rule and Legislative Changes Tenn. Sup. Ct. Rule 50 Created the Access to Justice Commission and made the Commission responsible for developing a strategic plan for: Educating the public about the legal needs crisis Identifying priorities for improving access to justice Recommending projects and programs to enhance access to justice (Effective Date: April 3, 2009)

Rule and Legislative Changes Tenn. Rules of Civil Procedure 23. 08 Amended to allow trial courts to direct residual class action funds to the Tennessee Voluntary Fund for Indigent Civil Representation (Effective Date: July 1, 2009) Tenn. Code Ann. § 8 -6 -107; § 16 -3 -804(b); § 23 -3 -102 Government Lawyer Pro Bono Statutes – Revised Tennessee Code Annotated Title 8, Title 16, and Title 23 to permit government-employed lawyers to provide pro bono legal representation Tenn. Sup. Ct. Rule 5 Revised to permit judicial research assistants, law clerks, and staff attorneys who work for judges and courts in Tennessee to perform certain types of pro bono legal representation (Effective Date: May 26, 2009)

Rule and Legislative Changes Tenn. Sup. Ct. Rule 50 A Creates an emeritus licensure status to allow those attorneys who currently are not licensed to practice law to provide pro bono legal services in Tennessee through an established program. The attorney must have actively practiced for 5 of the last 10 years or have had 25 years of active practice and must agree to abide by Tennessee Rules of Professional Conduct. (Effective Date: January 1, 2011) Tenn. Sup. Ct. R. 8, RPC 6. 1 Revised to indicate that Tennessee Lawyers should aspire to provide 50 hours of pro bono legal work (Effective Date: January 1, 2010) Tenn. Sup. Ct. R. 21, Sec. 4. 07(c) Revised to credit lawyers who perform five hours of pro bono legal representation with one of the twelve hours of continuing legal education (CLE) lawyers must obtain each year (Effective Date: April 3, 2009)

Rule and Legislative Changes Tenn. Sup. Ct. Rule 7, Sec. 10. 01(c) Permits attorneys admitted in another jurisdiction and registered in Tennessee as in-house counsel to provide pro bono legal services in Tennessee through an approved program (Effective Date: January 1, 2010) Tenn. Sup. Ct. Rule 8, RPC 5. 5 Permits attorneys admitted in another jurisdiction and performing legal work in Tennessee as defined in Rule 8, RPC 5. 5 (d) to also provide pro bono legal services in Tennessee through approved program (Effective Date: January 1, 2010) Tenn. Sup. Ct. Rule 49 (“Katrina Rule”) Permits attorneys from other jurisdictions to temporarily provide pro bono services in this jurisdiction following a major disaster (Effective Date: January 1, 2010)

Rule and Legislative Changes Tenn. Sup. Ct. Rule 9, Sec. 20. 11 Requests that every attorney required to file an annual registration statement with the BPR also voluntarily file a pro bono reporting statement (Filed: November 2, 2009) Tenn. Sup. Ct. R. 8, RPC 6. 5 Revised to permit lawyers to provide limited scope representation (Effective Date: April 3, 2009) Tenn. Sup. Ct. Rule 43 and Rule 8, RPC 1. 15 Revised to mandate participation in the Interest on Lawyers’ Trust Accounts (IOLTA) program and to require interest rate comparability (Filed: July 8, 2009)

Access to Justice Commission Activities • The Court asked the Commission to develop a Strategic Plan to address the civil legal needs of Tennesseans. • The Commission assembled 8 Advisory Committees to help achieve this goal. • The Commission adopted a Strategic Plan in March 2010. The Court adopted the Plan on June 22, 2010.

ATJ Commission Activities • Strategic Plan Goal 1: To involve more lawyers and law students in meeting legal needs so that the public is better served. • Co-sponsored today’s Pro Bono Summit with the Court to encourage more pro bono participation by lawyers. • Petitioned the Court for a rule requesting lawyers to voluntary report pro bono activities on the annual renewal statements. • Petitioned the Court for a rule establishing an emeritus attorneys pro bono participation program. • Initiated efforts to provide malpractice insurance to non-legal aid pro bono providers.

ATJ Commission Activities • Strategic Plan Goal 2: To provide greater educational opportunities and resources for policymakers, self-represented litigants, the community, lawyers, court personnel, and others. • Submitted to the Court legal forms for pro se use for divorces without minor children. The forms went through an in-depth review process established by the Commission that includes review by judges, clerks, the bar, and other interested parties. The forms are in plain language, written at a fifth-grade reading level.

ATJ Commission Activities • Strategic Plan Goal 2 continued: • Assisted the AOC to simplify the Order of Protection forms and the Parenting Plan by putting them into plain language. The Order of Protection forms went into effect in on November 15, 2010. The forms sub-committee is currently reviewing the Parenting Plan and other general civil forms mostly involving landlord tenant issues. • Continued to encourage the Tennessee Alliance for Legal Services public libraries collaboration initiated during the Commission’s first year. • Assembled a sub-committee to create a Pro Bono Clinic in a Box project whereby bar associations and attorneys can start a pro bono advice clinic.

ATJ Commission Activities • Strategic Plan Goal 3: To make the justice system more user-friendly. • Hosted a day-long technology meeting resulting in new projects and collaborations, including an online advice and counsel service and public library initiative. • Formed the Technology Committee that is developing a plan for increased use of court technology for submission to the Court for approval. The plan will include pro bono outreach to rural areas and increased access to legal information and services.

ATJ Commission Activities • Strategic Plan Goal 3 continued: • Created two sub-committees devoted to promoting reduced fee and pro bono mediation. • Petitioned the Court which approved the endorsed "Guidelines for Tennessee Clerks Who Assist Self. Represented Litigants. ”

ATJ Commission Activities • Strategic Plan Goal 4: To remove barriers to access to justice, including but not limited to, disability, language, literacy and geography. • Created a sub-committee which is studying revisions to Supreme Court Rule 42, to make explicit that it is the duty of each court to locate an interpreter when needed and to require the judge to document in written findings the efforts made to secure a certified interpreter. • Created a sub-committee comprised of disability advocates to concentrate solely on making the justice system easier to access for mentally and physically disabled clients.

ATJ Commission Activities • Strategic Plan Goal 4 continued: • Enlisted the help of immigration advocates to develop a comprehensive plan for how to provide/fund and/or otherwise support existing and new immigration legal services for language minorities. • Included representatives from rural, urban, and suburban counties on all advisory committees to ensure that the needs of all Tennesseans will be addressed.

ATJ Commission Activities The Commission continued four Advisory Committees: Disability & Language Barriers, A. Gregory Ramos, Chair Education/Public Awareness, Kathryn Reed Edge, Chair Pro Bono, George T. “Buck” Lewis, Chair Pro Se/Forms, Francis S. Guess, Chair The Commission created three new Advisory Committees: Faith-Based Initiatives, Dr. Frank Anthony Thomas, Chair Resources, Maura Abeln Smith & Bill Young, Co-Chairs Technology, Douglas A. Blaze & D. Billye Sanders, Co-Chairs

Memphis Area Legal Services Linda Warren Seely, Director of Private Attorney Involvement

Memphis Area Legal Services Three successful methods of recruiting lawyers and increasing pro bono participation Partnering with other agencies, service providers and bar associations to create different ways to deliver services (Access to Justice Committee); Working with law students and the law school; Engaging Paralegal Volunteers.

Memphis Area Legal Services Other ways to get involved: Traditional: Take an Extended Service Case (Atticus Referral Network, Conservatorship Panel, Bankruptcy Panel, Advance Directives Panel Advice and Counsel Clinics: Thursday Afternoons, Sponsor or cosponsor a clinic, Support Function, Sponsor or partner with a new or beginning attorney or law student Advice and Counsel In House Bankruptcy Pro Bono Initiative Clinic Collaborative Divorce Access to Justice committee Conduct/present/produce a CLE

Memphis Area Legal Services Other ways to get involved: Mentor a New or Beginning Attorney Develop Community Education Materials Center for Non Profit Excellence referrals Low Income Taxpayer Pro Bono Advance Directives Preparation Clinics With Durham Scholars, With Alternative Spring Break Students at U of M, With a local senior center (similar to adopt a school), With another law firm or legal department. Example is Bass, Berry and legal department of Autozone. World Elder Abuse Awareness Day Domestic Violence Awareness

Legal Aid of East Tennessee Maeghan Jones, Pro Bono Project Director, Chattanooga

Legal Aid of East Tennessee Pro Bono Partnerships Private Attorney Intake Pro Bono Project Clients Intake Volunteer Law Firm Referral Program Pro Bono Project Firm Liaison Law Firm Pro Bono Mentors Pro Bono Project Pro Bono Atty Pro Bono Mentor 1. OPPORTUNITIE Pro S TO ENGAGE Bono 2. SPREAD THE Atty WEALTH 3. CONNECT MORE LAWYERS TO CLIENTS IN 1. AVOID ETHICAL NEED CONCERNS 2. SPREAD THE WEALTH 3. MENTORSHIP 4. HELP MORE PEOPLE FASTER 1. CONNECT MORE LAWYERS TO CLIENTS IN NEED 2. ENGAGE YOUNG LAWYERS 3. OPPORTUNITIES TO

Legal Aid of East Tennessee Emerging Partnerships Emeritus Attorney Program Rule 50 A Pro Bono Project resource Emeritus Attorney Resource resource Community (civil legal services gap) Local Funders Community Investment (Skills, knowledge, funding) Increased Access to Justice (more clients served)

Why Access to Justice Matters How has a lawyer’s help affected you or your family? “My lawyer helped get the money I was owed. Now I can afford dentures and I don’t have to be ashamed to talk any more. ” “ I can stay in my apartment and continue to care for my children because of my attorney. He was more than help, he was a miracle. ” “My lawyer helped us adopt the children. She helped us make our lives complete. She showed me that people still care. She let us know that there is hope for poor families in need. ” “Thanks to my lawyer, my heart and mind is at peace knowing that when the Father calls me home, my business here is taken care of. ”

Lucinda Smith, Director, Nashville Pro Bono Program

Legal Aid Society of Middle Tennessee and the Cumberlands Nashville Pro Bono Program Cases Open in 2010: Number of Attorneys Accepting Referrals: Attorney Hours Reported to CLE Commission: 2, 877 705 7, 900 59 Monthly Legal Advice Clinics: ▫ Clients meet individually with a lawyer who provides advice/counsel and potential referral ▫ Debt Clinic, Mc. Hugh Legal Clinic , Second Tuesday Clinic, Catholic Charities Clinic, Williamson County Bar Clinic Substantive Areas Specialty Referral Panels: ▫ Law firms receive training and/or agree to be primary referral source for specific case type ▫ Adoption, Unemployment Benefits, Non-Profit Representation, Bankruptcy, Tenn. Care Appeals Community Partnerships: ▫ NPB/LAS provide direct legal help to clients through projects with specific partners ▫ Catholic Charities, Fifty. Forward , Habitat for Humanity, Mental Health Co-op , Monroe Carroll Jr. Children’s Hospital at Vanderbilt, Operation Stand. Down, Room In The Inn, Safe Haven Family Shelter, St. Luke’s Family Resource Center, Trevecca Towers, Woodbine Community Center

Legal Aid Society of Middle Tennessee and the Cumberlands Nashville Pro Bono Program Increasing Pro Bono Resources: Three Things We Didn’t Do Williamson County Volunteer Lawyer Program ▫ Williamson County Bar Association Established the types of cases for which help is needed Cooperates with NPB to recruit attorneys to meet the need Assists in making training/CLE available for lawyers ▫ Nashville Pro Bono Program/Legal Aid Society Provide intake for clients Process referrals Provide professional liability coverage, litigation fund, CLE reporting Modest Means Initiative (MMI) ▫ Nashville Bar Association Established MMI to provide reduced fee legal help Provides intake and referral for lower income persons LAS can not help In the areas of family law, consumer law, landlord/tenant and small business Recruited panel of 70 lawyers to provide help at a reduced fee of $75 per hour ▫ Nashville Pro Bono Program/Legal Aid Society Coordinate with MMI in recruiting lawyers for this panel

Legal Aid Society of Middle Tennessee and the Cumberlands Nashville Pro Bono Program Increasing Pro Bono Resources: Three Things We Didn’t Do H. E. L. P. (Homeless Experience Legal Protection) ▫ Baker, Donelson, Bearman, Caldwell & Berkowitz PC Established clinic for homeless women and men at Room In The Inn Recruit lawyers from other firms, government, and NBA to staff clinics Set expectation that lawyers will provide extended representation as needed ▫ Nashville Pro Bono Program/Legal Aid Society Provide limited staff support at clinics on request Accept referrals from HELP clinic in areas of LAS expertise Assist in recruiting volunteer lawyers Expanded involvement with lawyers’ opening cases at LAS/NPB Provide liability coverage, litigation fund, and CLE reporting for open cases

Legal Aid Society of Middle Tennessee and the Cumberlands Nashville Pro Bono Program As has been true for the past two years, in 2010 Legal Aid Society and the Nashville Pro Bono Program received increased requests for help from persons seeking unemployment benefits. Attorney Charles Mc. Candless with HCA helped one such client J. C – a single mother who worked as a customer service representative, fired when she transferred a call complimentary of her to a supervisor at the caller’s request. Of his help she wrote: I am filled with overwhelming gratitude for your help in the recovery of my unemployment. Your presentation of the facts were those of a confident attorney. . . Diligent faith and persuasive truth has always balanced the scales of injustice.

Answering the Call Pro Bono Summit Nashville, Tennessee January 21, 2011 Brought to you by: Tennessee Supreme Court Tennessee Access to Justice Commission