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Hebenstreit: With a Need so Great, What Will We Do?

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IBA-hebenstreitWe all know what pro bono legal service means and probably know or believe that it is a good idea. But have you ever thought about how it actually works? If you are willing to engage in some type of pro bono work, where do you turn to make your services available? If you are a patent attorney what happens if you are assigned a domestic violence case? Will you be headed for malpractice in your effort to be generous with your time and expertise?

What if you were a mother of 2 small children, worked part time at CVS, and your husband walked out leaving you 2 months behind on the rent and without any money? Who do you call to get a lawyer to file for child support and help you with the eviction proceedings? Stop and think about it for a minute. Where do you turn to find an attorney willing to undertake this maze of legal problems and how complicated would that process be?

Marion County is well served by almost a dozen independent legal service providers. You may recognize some of the names—Legal Services Organization, Legal Aid, Indiana Coalition Against Domestic Violence, Neighborhood Christian Legal Clinic, Muslim Alliance, and Heartland Pro Bono Council. But the need exceeds the capacity of these great agencies.

The Indiana Supreme Court created the Heartland Pro Bono Council as part of a state wide plan to enlist volunteer attorneys. Since 2002, it has served the needs of Marion and the surrounding counties. According to their website, it “recruits and trains attorneys to represent low income people who have a civil legal matter in central Indiana. Heartland answers legal questions, refers callers to appropriate agencies and determines eligibility for free legal services through our intake line…” In addition to client referrals, Heartland provides support to its volunteer attorneys by providing free legal training, malpractice insurance, on line research, mentoring, mediation, and paralegal and law student support. Sounds good so far, but its very existence is currently in serious question.

Heartland, like other pro bono initiatives throughout the State, has received funding from the IOLTA funds. Sadly, with the very low interest rates, the interest generated on attorney trust accounts has virtually been eliminated, and the providers are feeling the pinch. Recently, the geographical area served by Heartland has been reduced to Marion County only and their annual budget has been slashed to a mere pittance. As a result, it can no longer afford to pay its legal director who will be resigning at the end of the year. What effect these changes will have on Heartland itself is currently unclear.

The leadership of the IndyBar attends some national conferences of bar leaders in order to share ideas and visions with other similar bars. In late September, we attended the annual meeting of the Conference of Metropolitan Bar Associations. About 20 metropolitan bar associations were represented at the conference. Knowing the changes effecting Heartland, we wanted to know how other cities dealt with the delivery of pro bono legal services. Not surprisingly, the answers were quite varied. One city had been approached by the United Way who requested that there be only one primary provider under which all other agencies served. Others were quite piecemeal and fragmented in the way their attorneys volunteered for pro bono or modest means representation.

Heartland is currently investigating various options, and the IndyBar is engaging in conversations with Heartland to determine if we can help the situation. There are a few items that are very clear. At a time when our county faces the greatest need for pro bono or modest means representation, we, as lawyers, need to step to the forefront. There is a golden opportunity to make it easy for the public to find counsel, be it pro bono or modest means, and we need to make it easy for attorneys to volunteer. With so many recently admitted attorneys who are striking out solo, pro bono and modest means cases are a perfect way to gain experience and exposure to other lawyers and potential clients. We have the need and the manpower to help solve that need. Now we just need to make it easy to match the two.

On a different note, while attending the COMBA conference, Julie Armstrong was elected by her peers from around the country to be its Secretary in 2012 which will ultimately result in her becoming its President in 2 years. I applaud the Conference for their wise decision and congratulate Julie on her new leadership role. Having such a prominent spot in the national arena will be very beneficial to the IndyBar.•

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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