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Task force: Keep pro bono hours anonymous

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Every year, the attorneys in the southern Indiana counties that comprise the state’s Pro Bono District 10 receive a survey asking how much legal help they have volunteered.

Diane Walker, District 10 coordinator, described the survey as unscientific and the response as hit and miss, but the goal is to get an idea of how many hours attorneys are working pro bono.

One remarkable trend the survey has spotlighted is the amount of pro bono work being done under the radar. The cases are self-generated, perhaps by an individual walking into the attorney’s office and asking for help, and are not being given to the attorneys by a legal aid agency.

“I think there’s a lot of underreporting,” Walker said of the survey. “I can’t put a number to it, but every year we get people who I didn’t know were doing pro bono.”
 

Dickson Dickson

The Indiana Supreme Court is considering a proposal that would likely put more light on underreporting and enable the state to get a better idea of how many hours attorneys across the state are giving to pro bono work. Indiana Chief Justice Brent Dickson is promoting the mandate as a way to incentivize lawyers to represent individuals who need help but cannot afford it.

The initiative would require Indiana attorneys to annually report the number of hours of free legal service they provided in a given year. Attorneys who did not donate time to pro bono work would be obligated to report zero hours.

Some in the legal community have pushed back against the proposal. They are concerned about potential ramifications if the hours are made publicly available. Others are worried that mandatory reporting will eventually lead to a mandate to do pro bono work.

Still, the Indiana State Bar Association’s House of Delegates gave a thumbs-up to the proposal at its meeting in October 2013. Then-ISBA President Dan Vinovich called the initiative “a noble vision.”

A task force formed by the Pro Bono Commission at the request of the Supreme Court made recommendations on how to implement mandatory reporting and submitted its report to the Supreme Court. The group was led by Indiana Tax Judge Martha Blood Wentworth.


wentworth-martha-2014mug Wentworth

“We are very proud of our work,” Wentworth said of the task force. “This has been a very active and thoughtful group.”

The committee looked at whether continuing legal education credit should be given for pro bono legal service; how the hours would be disclosed publicly; what constitutes pro bono work; what would be contained in the new reporting provision in the Indiana Rules of Professional Conduct; and the method for reporting hours.

“We are recommenders, we are not deciders,” Wentworth said, explaining the role of the task force. “We have been asked to recommend only.”

Two sides of the issue

Bloomington attorney Matthew Schulz incorporates pro bono work into his regular practice. He always has one active pro bono case on his desk at all times.

“I don’t look at it as a burden,” Schulz said. “I just do it because it’s the right thing to do.”

A native of Bedford, Schulz served in the military then went to Indiana University Maurer School on Law on the GI Bill. He worked in the Monroe County Prosecutor’s Office for three years before opening his own law office less than a year ago.

He is familiar with the mandatory reporting proposal and has heard a lot of discussion about it. He has not taken a position because he can see both the pros and cons of the issue.

Like Schulz, solo practitioner Stephen Griebel finds benefits and harms in mandating attorneys report pro bono hours. Griebel, based in Churubusco, accepts many pro bono cases from the Volunteer Lawyers Program of Northeast Indiana, and he offers assistance because he wants to help where he can.

While Griebel can understand that mandatory reporting would help to quantify the size of the need in Indiana and could inspire some attorneys to begin pro bono work, he said the implementation of the program will have to be done carefully.
probono-facts.jpg Some attorneys, he said, want to volunteer anonymously, but a reporting requirement might eliminate their ability to remain unidentified. Conversely, other attorneys may do the pro bono work solely for the recognition, seeing the service as a way to help themselves rather than as a way to help others.

Walker said her office conducts the survey to show grantors the type of pro bono work being done and to identify attorneys who might be able to take cases in the future.

“I think it’s all a part of making people know pro bono is important and that somebody is paying attention,” she said of the survey. “Plus, whenever I talk to people, they appreciate that somebody asked.”

Mandatory reporting would emphasize the importance of volunteering legal services, Walker said. Moreover, she added, submitting hours is not as onerous as some may think.

Needing more attorneys

Brian Drummy, attorney at Bunger & Robertson in Bloomington, agreed with Walker that mandatory reporting will underscore the need for pro bono work.

As far as the fears that mandatory reporting will lead to mandatory volunteering, Drummy said he did not have an answer. But he noted those worries should be eased if the Supreme Court offers an assurance that will not happen.

“Obviously we’re lawyers and we think critically,” Drummy said. “Our job is to know what ill effects can come from a decision so it’s natural to see the worst-case scenario.”
In a speech during the Allen County Volunteer Lawyers Recognition Luncheon, Dickson highlighted the growing number of litigants who cannot afford legal representation. He called pro se litigation a cancer and outlined the problems unrepresented individuals cause, including clogging court dockets and obstructing the judicial process because they are not familiar with the law and legal procedures.

The best remedy, Dickson said, is to encourage, incentivize and enable all Indiana lawyers to volunteer for pro bono legal service.

For many years, Allen County attorney John Cowan of Tourkow Crell Rosenblatt & Johnston LLP has taken pro bono assignments from the VLP of Northeast Indiana. In fact, he only accepts cases through the agency because the VLP screens the clients and keeps track of the cases as well as his hours.

Cowan’s experience points to how much legal aid organizations can help attorneys doing pro bono work. The assistance makes the service less burdensome, he said, and without VLP keeping track of his hours, he would have no idea how many he volunteered.

In total, attorneys provided 6,500 hours of pro bono service to VLP of Northeast Indiana in 2013. However, that does not meet the need.

According to Cyndi Gavin, client services coordinator, the program receives 12,000 to 15,000 requests for assistance each year and the clients who are accepted will likely have a four- to six-month wait before they see an attorney.

“We definitely need more attorneys,” Gavin said. “That’s a definite.”•

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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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