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IBA: Meaningful Pro Bono and Courtroom Experience Available through the Mediation Assistance Program

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iba-map.gifBy Kristine Seufert, United States District Court, Southern District of Indiana

More than 25 percent of the cases pending in the United States District Court, Southern District of Indiana, have a least one pro se litigant. To address this community need, the Court launched the Mediation Assistance Program (MAP) in September 2009.

Since its inception, the MAP, through its attorney volunteers, has provided an outstanding service to both pro se litigants and the court. Attorneys who participate in the MAP are given the opportunity to provide quality pro bono work to pro se litigants unfamiliar with court procedures and the law by representing otherwise pro se litigants at Court-sponsored mediations. Magistrate Judges Tim A. Baker and Denise K. LaRue have used MAP counsel in multiple cases and enthusiastically support the program.

“MAP counsel provide pro se parties with an important sounding board to evaluate their case and assist them in assessing legal arguments, crafting settlement demands, considering offers, and completing settlement documents when a case is resolved. In this regard, MAP attorneys help not only the pro se parties, but the court and the legal system as a whole.” Judge Baker said.

Judge LaRue explains, “Without a MAP attorney, I am always concerned when I privately caucus with each party during a settlement conference that the unrepresented litigant might misinterpret my role to be that of legal advisor instead of Judge—despite my frequent and clear reminders to the contrary. Because of this concern, I would be less inclined to hold a settlement conference in pro se cases if we did not have MAP volunteer attorneys.”

The MAP attorney, who is appointed by the magistrate judge presiding over the case, assists in preparing for the settlement conference (including meeting with the client and preparation of a confidential settlement statement), participates in the settlement conference on behalf of the pro se litigant, and drafts a settlement agreement and corresponding stipulation of dismissal, if appropriate. Assistance under the MAP is limited, however, only to the settlement conference and does not extend to any other part of the litigation process (including discovery to prepare for the conference).

“In my experience, when a MAP attorney is involved, the case gets settled with fewer bumps along the way. For example, on the front end, the MAP attorney can explain to the unrepresented litigant any applicable legal limits on recovery which, in some instances, leads to a more realistic settlement position,” says Judge LaRue. “On the back end, the MAP attorney provides assistance to the pro se in reviewing and explaining legal terminology contained in the final settlement document.”

The MAP also provides valuable experience for attorneys wishing to appear in court. “Opportunities to represent clients in a court setting are unfortunately hard to come by,” Judge Baker said. “The MAP program provides both new and experienced attorneys a chance to appear in court, feel the excitement of litigation, and do some good in the process. It’s a win-win situation.”

MAP volunteers consistently report that their participation in the program was a positive experience. Al McLaughlin, Office Managing Shareholder of Littler Mendelson PC, has been participating in the MAP since its inception and has successfully assisted otherwise pro se litigants in negotiating a settlement agreement in four separate cases. “I continue to provide pro bono service through the MAP because the work is rewarding and interesting. I have been given the opportunity to represent individuals that I would not otherwise have had a reason to connect with. I enjoy being in a position to provide these individuals with practical and legal assistance and knowing that my representation has made a difference in their lives.”•

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

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  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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