ILNews

Pro bono efforts reflect culture of southwestern Indiana attorneys

Back to TopCommentsE-mailPrintBookmark and Share

When the pro se litigants approached the bench in the Vanderburgh County family law court, they often asked the judge for legal advice. They did not have the money to hire a lawyer so when they had legal questions, the litigants naturally turned to the judge, the only resource they had available.

The Volunteer Lawyer Program of Southwestern Indiana, serving the counties clustered in the lower corner of the state, decided to offer some help. That decision came during the worst of the economic recession when not only were many households struggling, but the funding for pro bono programs was withering.

sw-probono-15col.jpg Attorneys Beverly Corn (left) and Scott Wylie champion pro bono legal assistance. (Photo by David Greene, DIA Photography)

Though times were tough – but because times were tough – the Volunteer Lawyer Program moved forward with the new initiative. Led by then co-chair of the program, Vanderburgh Superior Judge Wayne Trockman, the VLP developed a family law clinic to offer assistance to these pro se litigants.

Now, two afternoons a month, local attorneys answer questions, explain the legal process, give advice and help fill out forms for the individuals and families going into family court.

Trockman called the clinic a success. The feedback has been positive, and many individuals have received the help they needed.

He attributed the reason for the clinic’s accomplishment to the same reason that underlies the achievements of the pro bono program overall – the culture of the legal community in southwestern Indiana.

“The volunteers are very diverse. They don’t come from one group. They come from all segments of the bar,” Trockman said. “The attorneys in our district really care and, at least for me, it shows in the abundance of participation.”

Sitting recently at the conference table in the small office from which the VLP is run, Beverly Corn, plan administrator, and Scott Wylie, co-administrator/program director, also linked the program’s success to the culture of the region’s attorneys.

A reflection of the legal community’s commitment comes during Evansville’s Law Day celebration. The day begins with the local attorneys reciting the Indiana Oath of Attorneys. The last clause of that oath speaks to not forsaking the poor and to the attorneys’ obligation to not turn away people from justice.

That sentiment, say Wylie and Corn, is deeply engrained among the attorneys in the district.

“I sleep at night because I know that I’m working with attorneys and individuals who have a belief that we do what we can to help those that we can,” Corn said. “We do what we do because we are who we are.”

Needing more, having less

Doing what they could became more difficult during the economic recession. Also known as Pro Bono District K, covering Evansville and the surrounding counties, the program has faced budget cuts like other districts across the state. And on top of the belt tightening, the district grew bigger.

In 2008, the pro bono programs were hitting their stride, said Wylie, who recently became a member of the Pro Bono Commission. Every district had a program, and all programs were fully incorporated, doing high-quality work.

Then the economy stumbled and interest rates dropped. With the pro bono districts subsisting on funds from the Interest on Lawyer Trust Account program, the market upheaval ushered in deep cutbacks and painful choices.

The Volunteer Lawyer Program of Southwestern Indiana was allotted $156,000 in 2007-2008, according to Corn. For the last three years, the program has received $86,330. And when the Pro Bono Commission consolidated the number of districts from 14 to 12, the VLP picked up Sullivan and Vigo counties.

Wylie applauded the work of the commission in steering the districts through the economic recession. The consolidation helped redistribute resources to keep the staff attorneys who were already in place.

In turn, when the interest rates rise and the money comes back, he said, the institutional knowledge will still be available so the programs will be viable and not have to be rebuilt from scratch.

When the district expanded, Corn traveled the 125 miles to Terre Haute to introduce herself to the local bar association. In the audience that day was Derek Conner, a young attorney at Wright Shagley & Lowery P.C. in Terre Haute.

After hearing Corn speak, he volunteered his help.

Conner currently serves as the Vigo County representatives for the Volunteer Lawyer Program. The cases land in his inbox, and then he sends out a mass email to 100 or more attorneys in the area, looking for someone to offer their services. Usually, the responses come quickly, and the cases get picked up.

“I feel like we’ve got a base of attorneys who are willing to give people some of their time,” Conner said.

In fact, he said the pro bono effort in his community could handle more cases. Knowing what his hometown has been through economically, Conner worries that residents are going without legal services because they do not realize help is available for free.

Those who come for pro bono legal assistance in Terre Haute are no different than people in other parts of the district. Many have low-paying jobs and after they cover food and rent, little is left over. A landlord-tenant dispute, a divorce or custody matter can send them to court without a lawyer.

“People are poor for a reason,” Wylie said. “No one wants to be poor. They’re poor because they didn’t get the love to have a wonderful education or they weren’t blessed with parents who were able to steward them through education or provide them an inheritance or whatever helps all the rest of us get jobs. They get outcompeted at McDonald’s.”

Finding alternatives

At the Volunteer Lawyer Program, the administrators dealt with the cuts by distilling its work down to core functions such as placement of cases, and increased alternative services like clinics and self-help materials.

This is done, Wylie said, so they can funnel the tough cases, the people who truly need legal representation, to attorneys like Jean Blanton of Ziemer Stayman Weitzel & Shoulders LLP.

Since she stared practicing about nine years ago, Blanton has always worked on at least one active case from the VLP. Focusing on family law, she has handled a custody battle that included a day-and-a-half trial, and she has taken two cases on appeal.

Family law cases can be emotional and stressful, she acknowledged, but when she goes to the county courts building, she sees the individuals who have to maneuver through the system by themselves because they cannot afford an attorney.

“We can’t help everyone,” she said, “but everything we do makes a difference.”

Sometimes that difference comes in the simple legal matters.

The VLP organized a “wills clinic” for the clients at the community mental health center in Vanderburgh County. These individuals live on a monthly income of $674 from Social Security. This is certainly not a lot of money but when they die without a will, their survivors cannot access their last check.

At first, the clients entering the clinic area were leery and extremely shy, Corn remembered. She had arranged the clinic space to mirror an actual law office, with a receptionist to greet the clients and introduce them to their attorney.

Walking out the door at the end of the process, the clients had their heads high, smiling and were clutching their wills.

“There was not a dry eye in the place because of the work,” Corn said. “This is why we do what we do.”•
 

ADVERTISEMENT

  • concerned grandma
    i have tried ti find a pro bono for my son we live in bedford indiana but we cant find any help we cant afford a high priced attorney and my grandson is going through abuse but even cps wont do anything can you tell me how to get help

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

ADVERTISEMENT