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IndyBar: Volunteer to Take a Pro Bono Family Law Case

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By Joe Mulvey, Rubin & Levin PC
 

mulvey-joe-mug Mulvey

The lack of licensed attorneys willing to assume responsibility for routine family law matters is a universal concern for pro bono legal service providers. Although volunteer programs such as the IndyBar’s Legal Line and Ask A Lawyer events provide general information to direct those with legal needs in the right direction, these independent events do not provide the ongoing legal services often necessary to fully resolve a particular issue.

Although assuming responsibility for a pro bono legal matter is a healthy step forward in commitment from a closed-ended legal advice session, the need is great. There are resources out there to assist you, and the benefit provided can be tremendous. Here are some frequently asserted reasons for not taking a pro bono family law case, and some responses.

1. I don’t know anything about family law and I’m worried about making a mistake.

Basic family law CLEs provide the fundamental information, forms and resources for taking on a family law case. The Heartland Pro Bono Council, for example, offered a two-hour CLE in late February of this year, providing draft divorce petitions, engagement letters, client questionnaires and an abundance of literature on various low-income family law programs that can be offered to pro bono clients. They are offering a similar CLE in July. The trainings also establish points of contact to experienced family law attorneys who can help provide guidance when more sophisticated issues arise. Importantly, most service providers tailor their referrals to match the experience level of the volunteering attorney—i.e., uncontested, no-asset, no children divorces can be assigned to family law rookies.

2. I have too much work to do and don’t have time to take on a pro bono case.

This is an obvious concern with respect to both personal time and billable hours (working on a pro bono case will encroach on one or the other), but it is a manageable one. From a billable hour perspective, most firms permit attorneys to count at least a portion of their pro bono work towards billable hour goals. Although taking on a pro bono case may mean a few extra hours in the office, pro bono veterans find that helping someone truly in need of legal representation can offset the weariness generated by the daily grind of handling cases in your typical practice area.

3. I don’t even know where to begin the process of taking on a pro bono case.

The IndyBar receives more referrals for family law pro bono matters than it has volunteers to handle—you can email Caren Chopp at cchopp@indybar.org to request or discuss a potential referral. The Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council (www.nclegalclinic.org/Volunteer.aspx and www.heartlandprobono.org ) have a similar need.

We are excited that the IndyBar Ask A Lawyer event on April 8th provided a record number of 705 people with free legal advice, and we implore those individuals who selflessly donated their time to that and other similar events to consider taking a step forward in the continuum of pro bono service.•

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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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