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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. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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