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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. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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