TRISH E. MCALLISTER, Austin Texas Access to Justice Commission · providing public interest legal services without fee, or at a substantially reduced fee, in one or more of the following

TEXAS ACCESS TO JUSTICE PRESENTATION

TRISH E. MCALLISTER, Austin Texas Access to Justice Commission

State Bar of Texas 25TH ANNUAL

ADVANCED ADMINISTRATIVE LAW COURSE 2013 June 27-28, 2013

Austin

CHAPTER 11

Patricia E. McAllister

Ms. McAllister has been the Executive Director of the Texas Access to Justice Commission since February 2011. Prior to coming to the Commission, she served as the Executive Director of Volunteer Legal Services of Central Texas, a non-profit pro bono legal service provider, for eight years. She also worked at Texas RioGrande Legal Aid where she served as a staff attorney handling domestic violence cases; a regional team leader for the family law section; and finally, as acting branch manager. Prior to life as an attorney, she worked in the health care field at a tertiary care center in South Carolina and developing a subsidiary company for a national contract anesthesia group in Atlanta. Ms. McAllister attended the University of Houston School of Law and was licensed to practice in 1994. She also holds a Masters in Business Administration from Duke University.

Texas Access to Justice Presentation Chapter 11

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TABLE OF CONTENTS

ATTACHMENTS: State Bar f Texas Resolution ........................................................................................................................... 1 Pro Bono Policy - FAQ ........................................................................................................................................... 2 Legal Access Division/Texasbarcle Tuition Waiver Program for Pro Bono Volunteer Attorneys ......................... 7 Pro Bono Mentor Program ...................................................................................................................................... 9 State Bar Support Provided to Pro Bono Attorneys .............................................................................................. 12 Requirements for Membership .............................................................................................................................. 13 2013 New/Renewed Membership ......................................................................................................................... 14

POWERPOINT PRESENTATION – Texas Access to Justice Commission - Attorneys Making a Difference .................................. 15

Adopted: September 22, 2000, State Bar of Texas Board of Directors

STATE BAR OF TEXAS RESOLUTION BE IT RESOLVED, that each Texas attorney should aspire to render at least 50 hours of legal services to the poor each year, or make an equivalent financial contribution to an organization that provides direct legal services to the poor. Legal services and support to the poor include the following:

(a) The direct provision of legal services to the poor without an expectation of compensation, or at

a substantially reduced fee, whether civil or criminal; (b) Services without a fee, or at a substantially reduced fee, related to simplifying the legal process

for, or increasing the availability and quality of, legal services to poor persons; (c) Legal services without a fee, or at a substantially reduced fee, rendered to charitable, public

interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons;

(d) Legislative, administrative or systems advocacy services without a fee, or at a substantially reduced fee, provided on behalf of poor persons; or (e) Unsolicited, involuntary appointed representation of indigents in criminal and civil matters.

Financial contributions to organizations that provide legal services to the poor, as well as out-of-pocket, non-reimbursed expenses incurred by a lawyer (handling a matter that qualifies under the definition of Legal Services to the Poor outlined above) are included, and may be considered as legal services to the poor. Also included are all legal services to the poor in Section 6 of the Preamble to the Texas Disciplinary Rules of Professional Conduct. Section 6 of the Preamble to the Texas Disciplinary Rules of Professional Conduct, 1995 revision:

A lawyer should render public interest legal service. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantaged can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged. The provision of free legal services to those unable to pay reasonable fees is a moral obligation of each lawyer as well as the profession generally. A lawyer may discharge this basic responsibility by providing public interest legal services without fee, or at a substantially reduced fee, in one or more of the following areas: poverty law, civil rights law, public rights law, charitable organization representation, the administration of justice, and by financial support for organizations that provide legal services to persons of limited means.


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STATE BAR OF TEXAS PRO BONO POLICY – FAQ

2009

The State Bar of Texas Board of Directors adopted a revised Pro Bono Policy on September 22, 2000, which establishes an aspirational goal of 50 hours of pro bono legal services to the poor each year for each Texas attorney. The policy also establishes an annual reporting system so that each Texas attorney can report the pro bono legal services provided each year.

An estimated 75 percent of the legal needs of the poor are not being met. The State Bar Board intends for the pro bono policy to encourage attorneys to do more to try to close this gap between the need for legal services to the poor and available services. However, the State Bar Board recognizes that pro bono efforts alone will not adequately address the gap. Therefore, the State Bar Board continues to take additional actions such as working to emphasize that this is a societal issue that attorneys cannot address alone.

The definition of pro bono, examples of qualifying service, and answers to frequently asked questions about the policy are found below. (Qualifying services are not limited to the examples provided.) 1. What is the definition of pro bono services

and what are examples of services that qualify under each component of the pro bono definition? (a) The direct provision of legal services to

the poor without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal;

Examples include: 1. representing a low-income client who

comes to the attorney's office seeking help with a family law matter

2. representing a disabled client referred by a local pro bono project in a Social Security appeal

3. providing legal advice to a low-income client at a neighborhood legal clinic

(b) Services without a fee, or at a

substantially reduced fee, related to simplifying the legal process for, or increasing the availability and quality of, legal services to poor persons;

Examples include: 1. developing an ADR program specifically

designed for and accessible to low-income individuals

2. training or mentoring non-family law attorneys to handle family law cases for low-income clients

3. recruiting attorneys or raising money for the local pro bono program

4. providing services as a member of the board of directors of a legal services program

(c) Legal services without a fee, or at a

substantially reduced fee, rendered to charitable, public interest organizations

with respect to matters or projects designed predominantly to address the needs of poor persons;

Examples include: 1. preparing incorporation documents for a

new nonprofit health care clinic for low-income persons

2. providing the legal services necessary for a nonprofit community group to develop a low-income housing project

3. assisting a church in acquiring a zoning variance for a homeless shelter

(d) Legislative, administrative or systems

advocacy services without a fee, or at a substantially reduced fee, provided on behalf of poor persons;

Examples include: 1. representing low-income elderly persons

before the Public Utility Commission regarding a need for lifeline utility services

2. lobbying the Texas legislature for comprehensive health care services for low-income Texans

(e) Unsolicited, involuntary appointed

representation of indigents in criminal and civil matters. (superseded by the Fair Defense Act regarding appointment in criminal matters, since appointments are no longer involuntary. However, such appointments may count as “substantially reduced fee” work)

Example:

Representing an indigent parent in a termination of parental rights suit filed by the Department of Human Services as a result of an unsolicited, involuntary court appointment


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2. What is the definition of "poor"?

The pro bono policy does not specifically define “poor.” That decision is left to the individual program or attorneys. Many programs, such as those funded by the Legal Services Corporation or the Texas Access to Justice Foundation (IOLTA), define “poor” to be 125% of federal poverty guidelines. (e.g., in 2009 $27,562 gross for a family of four, and $13,537 for an individual) Clients referred by an organized pro bono project generally have been screened for income eligibility according to the local guidelines. Attorneys accepting independent pro bono cases are encouraged to use the poverty guidelines, but they may also use their own judgment regarding who is “poor.”

3. Do legal aid staff attorneys, public defenders, and prosecutors count their work time as pro bono, since they provide free legal services to the poor?

No. Although the services are free to the clients, the attorneys are paid for their work at salaries they have accepted. However, if these attorneys provide volunteer legal assistance to the poor outside their regular work, they may report those hours as pro bono service.

4. Do legal services to the poor have to be provided through an organized pro bono project to qualify? Services do not have to be provided through an organized pro bono project to qualify. Many attorneys provide substantial amounts of qualifying pro bono legal services to the poor on an independent basis.

5. How did the State Bar select the standard

of 50 hours? The 50-hour goal is based on the pro bono standard established by the American Bar Association in 1988.

6. What happens if an attorney does not

satisfy the 50-hour expectation? While each Texas attorney is strongly encouraged by the State Bar Board of Directors to provide 50 hours of qualifying services each year, no attorney will be disciplined for failure to comply.

7. Are attorneys expected to report their pro

bono hours to the State Bar and, if so, how do they do that? The State Bar has instituted an annual voluntary pro bono reporting system and each attorney is encouraged to report qualifying hours. Attorneys are asked to report their pro bono service and financial contributions on-line.

8. If substantially reduced fees are received

for appointments in criminal or civil matters, do the services provided still qualify under the pro bono policy? Yes, since 2000, substantially reduced fee work for poor people has been included in the definition of legal services to the poor, whether or not it involves a court-appointment. Free and reduced fee services are separated for reporting purposes.

9. What is the definition of “substantially

reduced fee”?

The pro bono policy does not specifically define “substantially reduced fee.” However, Lawyer Referral Services that offer reduced fee panels for low-income people, often use $50/hour as the maximum that panel lawyers may charge. Lawyers doing reduced fee work may use that fee or may use their own judgment in setting the fee.

10. Are there services in addition to representing a criminal defendant for free or for a substantially reduced fee that criminal law attorneys may count as pro bono? Yes, criminal law attorneys can play an important role in “preventive law.” Many pre-teens, juveniles and their families are unfamiliar with the juvenile justice system until they are involved in the system. Community education, e.g., speaking at schools or community centers, about the juvenile justice system counts as pro bono, so long as the audience is predominately poor.

11. What if I accept a client on a fee-paying

basis and later determine that, due to the client's low-income status, services should be provided on a pro bono basis? The definition includes legal services provided “without an expectation of compensation.” Attorneys must use their discretion to determine what services are


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provided “without an expectation of compensation.”

12. What if my employer prohibits outside

practice of law? While some employers still prohibit the outside practice of law in pro bono matters, many employers, such as various government employers, are relaxing such restrictions. The State Bar attempts to work with those who have such restrictions to encourage them to remove or modify them. However, for those attorneys whose employers currently prohibit the outside practice of law, the State Bar encourages them to try to participate in the kinds of services that qualify that do not constitute the practice of law, such as those included under part (b) of the definition. No attorney is expected to comply with this policy if absolutely prohibited by the employer. But in some circumstances such as the statutory prohibitions against outside practice by some prosecutors, “outside practice of law” has been defined to exclude pro bono legal services to the poor.

13. Transactional attorneys often provide legal

assistance to non-profit organizations such as schools, churches, and social service agencies by doing such things as drafting by-laws, handling contract negotiations, and providing legal advice. Do these services count under the definition? Yes, where the population benefiting from or comprising the non-profit organization is predominately poor, as in a church or school located in an inner-city neighborhood or a provider of social services to the homeless, the legal services provided to the organization qualifies as pro bono services to the poor under (c) of the definition.

14. Are there any other non-litigation services

that transactional and other attorneys can provide that count as pro bono under the definition? Yes. There are many kinds of pro bono opportunities that do not involve litigation or court work that would qualify as direct legal services to the poor. Included are various real estate transactions (such as assistance with clearing title), explaining the terms of a contract, negotiating a lease or repayment agreement, drafting a will or other estate planning documents, probating a will, advising on tax matters, appealing the denial

of SSI or other public benefits, and negotiating with an insurance company. Most pro bono programs provide volunteer attorneys with specialized training, materials and mentors to help guide volunteer attorneys through simple family law matters. Participation in a legal clinic or free legal seminar for the public, such as a legal awareness for the elderly clinic, also qualifies as pro bono so long as the audience is primarily poor. Simply providing free legal advice over the phone to a poor person qualifies, as does conducting intake interviews through organized pro bono programs.

15. Legal services provided to other kinds of

non-profit organizations and non-legal volunteer services provided to a non-profit organization or a low-income person are not included in the definition. Why not? Texas attorneys provide countless hours of civil services in various kinds of community activities. The legal profession should be commended for its voluntary contributions to society. However, in establishing this pro bono policy, the State Bar Board of Directors recognized that lawyers have a special talent and license to provide a unique service that non-lawyers are prohibited from providing. The Board also recognized that the legal needs of the poor only minimally are being met and that it is an attorney's responsibility to provide equal access to justice to even our poorest citizens or residents. Additionally, the Board recognized that the Texas Disciplinary Rules of Professional Conduct and the Texas Lawyer's Creed both establish an ethical obligation of Texas attorneys to provide legal services to the poor.

16. Bar associations often respond to a natural

disaster by organizing pro bono legal services for victims. If an attorney provides free legal assistance to these victims, does that count as pro bono services, even if the disaster victim would not generally qualify as poor? In situations where the federal or state government(s) has declared a disaster or crisis, the victims of that disaster or crisis are determined by the government to be indigent, even if only temporarily, as a result of that disaster. Legal assistance rendered to these victims without an expectation of compensation, as part of a Bar-sponsored activity, qualifies as pro bono services to the


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poor under (a) of the definition. 17. Do mediation services provided by an

attorney count under the pro bono policy? Mediation services provided at no cost when at least one party is low-income qualify under part (b) of the pro bono policy definition.

18. Can an attorney contribute money to a

legal services program in lieu of providing 50 hours of pro bono legal services to the poor? Since 2000, the pro bono policy has included the option of making financial contributions to legal services programs in lieu of providing pro bono service. The policy states “each Texas attorney should aspire to render at least 50 hours of legal services to the poor each year, or make an equivalent financial contribution to an organization that provides direct legal services to the poor.” (emphasis added.) Financial contributions to other nonprofit organizations do not qualify. Financial contributions are reported separately from free legal services and substantially reduced fee legal services.

19. What if an attorney volunteers to handle

ad litem appointments in fee generating cases with the understanding that the ad litem attorney fees will be donated to charity? If the volunteer ad litem fees are donated to a 501(c)(3) charity that provides direct legal services to the poor, the hours may be counted as pro bono activity.

20. Where a volunteer attorney acts as ad

litem for a no-show defendant in a case where the plaintiff is the one benefiting from the ad litem's presence, can this be considered pro bono services? If, at the request of a pro bono program or indigent individual, an attorney serves as ad litem with no expectation of fee and agrees at the beginning that the fee will be waived or donated to a pro bono program, then the work of the ad litem will qualify as pro bono hours under the definition.

21. Do law related lectures/education to the

public count as pro bono activity? When the law related lecture/education is provided to an audience of poor people, then

it may be considered pro bono activity under State Bar definition.

22. When pro bono work is done by one

attorney at the request or direction of another, who may count the hours? In the case of a subordinate attorney doing pro bono work as part of his/her job, at the direction of a supervising attorney, either attorney may count the hours, as long as the work does not get reported twice. In the case of a law firm system whereby designated attorneys do all the firm's pro bono work as part of their job, then the firm may equitably allocate the reportable hours amongst firm attorneys, making sure not to count such services twice. Supervising attorneys should be discouraged from taking full credit in either situation. If one attorney pays another attorney to perform legal services to the poor and assures that the work is done competently, the referring attorney may claim the pro bono hours. Of course, the paid attorney may not.

23. What if an attorney provides more than 50

hours of pro bono legal services? Many Texas attorneys do provide more than 50 hours of pro bono legal services each year. The State Bar commends those attorneys for their outstanding efforts. An attorney who provides more than 75 hours in a year to pro bono legal services to the poor may be eligible for admission into the Pro Bono College of the State Bar.

24. How can an attorney find out about local

pro bono opportunities? Most communities in the state of Texas have at least one organized pro bono project that can assist attorneys in identifying clients that need their services. Any attorney who cannot locate such a program or needs assistance in identifying an appropriate program may contact the local bar association, or Texas Lawyers Care at 1-800-204-2222, ext. 1855, or in Austin, 512-427-1855.

25. Do other states have pro bono policies?

Many states now have aspirational pro bono standards for their attorneys with varied amounts and definitions. So far no state has adopted a mandatory pro bono system, although it has been considered in several states. Some states (Florida, Illinois,


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Maryland, Mississippi, and Nevada) have mandatory reporting of pro bono service. And Texas, along with Arizona, Georgia, Hawaii, Kentucky, Louisiana, Missouri, Montana, New Mexico, Utah and Washington, have voluntary pro bono reporting.

26. Where can an attorney find out more

about the pro bono policy? Copies of the policy and additional information are available from Texas Lawyers Care, the pro bono activation and support project of the State Bar. Contact Texas Lawyers Care at [email protected] or 1-800-204-2222, ext. 1855 (in Austin 427-1855) or P.O. Box 12487, Austin, Texas, 78711.


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mailto:[email protected]

PO Box 12487 Austin, Texas 78711-2487 800.204.2222 ext. 1855 512.427.4160 (Fax)

G:\TLC\Perks\Incentives - Pro Bono Attys\TBCLE Tuition Waiver\CLE Scholarship Program for Volunteer Attorneys.doc

STATE BAR OF TEXAS

Legal Access Division [email protected]

Legal Access Division/TexasBarCLE Tuition Waiver Program For Pro Bono Volunteer Attorneys

Purpose The purpose of this tuition waiver program is to reward valued service by dedicated pro bono volunteers and to better prepare the volunteers for service in the future. Program Eligibility To qualify for a pro bono volunteer CLE tuition waiver, the attorney must be providing pro bono services to an organized pro bono/legal services program that is either:

a) a recipient of Texas Access to Justice Foundation (TAJF) funds; or b) a Texas recipient of Legal Services Corporation (LSC) funds; or c) a Texas non-profit that provides civil legal services where at least 50% of the services provided

are free to Texans whose income is 175% of federal poverty guidelines or less. Tuition Waivers Tuition waivers are for tuition only and limited to State Bar licensed pro bono attorneys of an eligible organized pro bono/legal services program. The tuition waiver is to attend a TexasBarCLE sponsored course. Seminars offered at the State Bar of Texas Annual Meeting and specialty-type courses are not eligible for tuition waivers. Nominations It is the responsibility of the pro bono coordinator to nominate specific volunteers for specific seminars. Please do not have pro bono volunteers contact Legal Access Division for a nomination form. Nomination forms are only given to the pro bono coordinator for completion. Nominees must commit to attendance prior to nomination. More than one tuition waiver can be awarded to the same seminar. The same pro bono attorney should not be nominated within four months or less between each nomination. Coordinators are encouraged to nominate different attorney volunteers for tuition waivers to reward them for their valued service.


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PO Box 12487 Austin, Texas 78711-2487 800.204.2222 ext. 1855 512.427.4160 (Fax)

G:\TLC\Perks\Incentives - Pro Bono Attys\TBCLE Tuition Waiver\CLE Scholarship Program for Volunteer Attorneys.doc

Nominations for CLE tuition waivers should be submitted to Legal Access Division at least two weeks before the seminar. Nominations submitted less than two weeks before the seminar risk the chance of not being considered. The nominator and tuition waiver recipient will be notified by email or mail if the tuition waiver is granted. Submitting a nomination form does not guarantee approval of the tuition waiver. How to Apply To apply, the pro bono coordinator must complete the Pro Bono Volunteer Attorney CLE Tuition Waiver Nomination Form and submit to Legal Access Division at least two weeks prior to the seminar. (See attached form.) If the course registration form is available, please attach the completed form to the nomination. Incomplete nomination forms may not be considered. The completed nomination form should be emailed to [email protected], mailed to Legal Access Division, P.O. Box 12487, Austin, TX 78711-2487, or faxed to 512/427-4160. Cancellations Pro bono volunteer attorneys who are not able to attend the seminar must notify the pro bono coordinator and Legal Access Division at least one week prior to the seminar. Course books cannot be substituted in place of attendance. Substitutions If the volunteer attorney is not able to attend a seminar, the pro bono coordinator may substitute another volunteer attorney to attend the seminar with the approval of Legal Access Division. The volunteer attorney cannot substitute another attorney to take her/his place at the seminar. Request for substitutions should be made in writing, faxed, or emailed to Legal Access Division as soon as possible. Please include the name and State Bar card number of the pro bono volunteer to be substituted. Questions For questions regarding the Legal Access Division/TexasBarCLE Tuition Waiver Program, call us at 1-800-204-2222, Ext. 1855 or 512/427-1855, in Austin. You may also contact us by email at [email protected].


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State Bar Pro Bono Mentor Program provides up to five hours of MCLE credit (including one hour of ethics) to attorneys participating as either a “mentor” or “mentee” when handling a pro bono case for an approved legal aid or pro bono service program. To participate in the program, the mentor and mentee must qualify under the program guidelines listed below. The pro bono coordinator must submit a completed Pro Bono Mentor Program Application to Legal Services Support Division (LSSD).

GUIDELINES FOR ELIGIBILITY FOR MCLE CREDIT

STATE BAR PRO BONO MENTOR PROGRAM

Texas MCLE regulations authorize up to five hours of group participatory CLE credit for participating as a mentor or mentee in the State Bar Pro Bono Mentor Program. A. Definitions:

Pro Bono Mentor: An attorney who is knowledgeable in an area of law and provides advice in that area of law to an attorney handling a legal matter assigned by an eligible staff legal services/pro bono program, as defined in Section C (below). Pro Bono Mentee: An attorney handling a legal matter assigned by an eligible staff legal services/pro bono program, as defined in Section C, who receives advice from an attorney knowledgeable in the relevant area of law.

B. Program Approval: LSSD will annually apply for accreditation of the State Bar Pro Bono Mentor Program through the MCLE department of the State Bar. Accreditation is available for up to five hours of group participatory credit, including one hour of ethics, for each eligible attorney as defined below. C. Staff Legal Services/Pro Bono Program Eligibility: Individual attorneys who wish to receive MCLE credit under this program must serve as either a pro bono mentor or mentee for a case accepted through a provider of legal services to the poor which meets at least one of the following criteria:

a) a Texas recipient of Legal Services Corporation funds; b) a recipient of Texas Access to Justice Foundation funds; or c) a Texas non-profit or governmental entity that provides civil legal services if at least

50 percent of the services provided are free and benefit Texans whose income is 175 percent of federal poverty guidelines or less.

LSSD will determine legal services program eligibility according to the above criteria. D. Pro Bono Mentor/Mentee Eligibility:

A pro bono mentor who advises a pro bono mentee on legal issues that arise for the pro bono mentee in a legal matter assigned to the mentee through an eligible staff legal services/pro bono program may apply for MCLE group participatory credit for each hour of mentor service, up to five hours annually.

PRO BONO MENTOR PROGRAM


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A pro bono mentee who receives advice and counsel from a pro bono mentor in a legal matter assigned to the mentee through an eligible staff legal services/pro bono program may apply for MCLE group participatory credit for each hour of assistance received from the mentor, up to five hours annually.

E. Application for Credit: Application forms for MCLE credit through the State Bar Pro Bono Mentor Program shall be prepared by LSSD and approved by MCLE and shall require the mentor/mentee to sign a statement of participation indicating compliance with these guidelines and through which eligible staff legal services/ pro bono program the mentor/mentee qualifies. Application forms shall be submitted to LSSD by the eligible staff legal services/pro bono program. LSSD shall process the forms to determine the eligibility of the staff legal services/pro bono program. LSSD shall submit to MCLE, at regular intervals, attorney information and data from all applications submitted by eligible staff legal services/ pro bono programs. F. Eligibility for Self Study Credit: Attorneys may also claim self study credit for any hours satisfying the above requirements (up to five hours) for which group participatory credit is not requested.


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STATE BAR PRO BONO MENTOR PROGRAM MCLE CREDIT APPLICATION

ATTORNEY APPLICANT INFORMATION:

Applicant’s full name:

Applicant’s State Bar number:

Applicant’s eligible category: (please select one)

Mentor Mentee

Applicant’s requested MCLE hours*: *Rounded to nearest .25 hours

0.00 Participatory hours, of which 0.00 is ethics. Texas MCLE Regulations Rule 2.1.1.d authorizes group participatory credit (up to 5.0 hours, of which 1.0 hour will be classified as ethics) for participating as a mentor or mentee in a State Bar accredited mentor program.

I hereby swear or affirm that I have participated for the hours reported above as a mentor or mentee under the auspices of an eligible program in compliance with the State Bar Pro Bono Mentor Guidelines. I understand that a false statement or misrepresentation regarding any CLE credits on my record is subject to disciplinary action pursuant to Rule 8.04 of the Texas Disciplinary Rules of Professional Conduct. Applicant’s Signature:

Date:

SPONSORING ORGANIZATION’S INFORMATION:

Name of Sponsoring Organization:

Sponsoring Organization’s Classification: (please select one)

Legal Services Corporation grantee Texas Access to Justice Foundation grantee Texas non-profit or governmental entity that provides civil

legal services where at least 50% of these services are free and benefit Texans whose is 175% or less of the federal poverty guidelines.

Authorized Representative’s Full Name: Title:

Authorized Representative’s Phone Number:

Authorized Representative’s Email:

SPONSORING ORGANIZATION MUST RETURN COMPLETED FORM TO LEGAL SERVICES SUPPORT DIVISION – P.O. BOX 12487, AUSTIN TX 78711-2487

Authorized Representative’s Signature:

Date:


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STATE BAR SUPPORT PROVIDED TO PRO BONO ATTORNEYS

State Bar Malpractice Insurance Network pays premiums for professional

liability insurance for nearly 60 legal aid and pro bono service programs

throughout Texas. The insurance covers staff attorneys and pro bono volunteers

for cases taken through these programs. The Legal Services Support Division

(LSSD) administers the network.

Tuition Waivers to TexasBarCLE courses are available for pro bono attorneys

who are nominated by approved legal aid or pro bono service programs for their

service.

State Bar Pro Bono Mentor Program provides up to 5 hours of MCLE credit

(including 1 hour of ethics) to attorneys participating as a “mentor” or “mentee”

when handling a pro bono case for an approved legal aid or pro bono service

program.

Free Membership in the Pro Bono College of the State Bar for attorneys who

contribute a minimum of 75 hours (or paralegals who contribute a minimum of

50 hours) of eligible pro bono legal services in a year. Benefits include a one-year

free subscription to the TexasBarCLE Online Library (a $295 value); a certificate

signed by the State Bar President and the Chief Justice of the Supreme Court of

Texas; a subscription to the LegalFront e-newsletter published by LSSD;

recognition at the State Bar Annual Meeting and reduced tuition at the 3-day

Annual Poverty Law Conference sponsored by LSSD.

Access to the Statewide Advocate Website at www.TexasLawyersHelp.org

containing resources for legal aid and pro bono attorneys in Texas. Register now!

For more information about any of these programs, please visit

www.texasbar.com/probono, call 800-204-2222, ext. 1855 or

email [email protected].


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http://www.texaslawyershelp.org/


PRO BONO COLLEGE OF THE STATE BAR OF TEXAS

Pro Bono Department P.O. Box 12487 Austin, TX 78711-2487

800-204-2222, ext. 1855 512-427-1855 (Austin) Fax: 512-427-4160 e-mail: [email protected]

Created in 1992 by the State Bar of Texas, the Pro Bono College recognizes those attorneys who have far exceeded the State Bar’s aspirational pro bono goal in their efforts to address the vast unmet legal needs of the poor by providing a significant number of hours of eligible pro bono service during the previous year. REQUIREMENTS FOR MEMBERSHIP: • be any attorney in good standing with the State Bar of Texas • have performed a minimum of 75 hours of eligible legal assistance activities, during the

past year, which are defined as:

a) the direct provision of legal services to the poor, without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal;

b) services without fee, or at a substantially reduced fee, related to simplifying the legal

process for, or increasing the availability and quality of legal services to, poor persons;

c) legal services without fee, or at a substantially reduced fee, rendered to charitable, public interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons; or

d) legislative, administrative or systems advocacy services without fee, or at a substantially

reduced fee, provided on behalf of poor persons. • complete and submit the Pro Bono College form to the State Bar Pro Bono Department

address below. Please note: No retroactive certificates will be issued beyond a grace period of one year.

BENEFITS: • a certificate signed by the State Bar president and the chief justice of the Supreme Court of

Texas • a free one year subscription to TexasBarCLE's Online Library • recognition at the State Bar Annual Meeting • a subscription to the LegalFront e-newsletter published by Legal Services Support at the

State Bar • reduced tuition at the Annual Poverty Law Conference sponsored by Legal Services

Support at the State Bar • Most important, perhaps, is the intangible benefit of knowing that you have provided

access to the legal system for people who otherwise would have been denied justice.


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PRO BONO COLLEGE OF THE STATE BAR OF TEXAS

Pro Bono Department P.O. Box 12487 Austin, TX 78711-2487 800-204-2222, ext. 1855, 512-427-1855 (Austin) Fax: 512-427-4160 e-mail: [email protected]

2013 NEW/RENEWED MEMBERSHIP

I affirm that I am an attorney in good standing with the State Bar of Texas and have, during the past year, performed a minimum of 75 hours of eligible pro bono legal assistance activities, defined as:

a) the direct provision of legal services to the poor, without an expectation of compensation, or at a substantially reduced fee, whether civil or criminal;

b) services without fee, or at a substantially reduced fee, related to simplifying the legal process for, or increasing the availability and quality of, legal services to poor persons;

c) legal services without fee, or at a substantially reduced fee, rendered to charitable, public interest organizations with respect to matters or projects designed predominantly to address the needs of poor persons; or

d) legislative, administrative, or systems advocacy services without fee, or at a substantially reduced fee, provided on behalf of poor persons.

Print Name: TX Bar Card No. Email Address City/State Zip Phone Total Pro Bono Hours in 2012: Total Reduced Fee Hours for 2012: All members will receive a Pro Bono College 2013 membership certificate. If you have lost or need a replacement certificate for a prior year, please let us know and we will get you a new one at no cost. 2013 Certificate for New/Renewing Members Replacement Certificate for the Year: _________

__ Bar Member's Signature Date Please return the signed form to the address below.

For Office Use Only

Year:

Entry Date: By:


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mak ing a d i f f e r en ce

Attorn

eys

More Poor, Fewer Lawyers to Help

• In Texas, almost 6 million people qualify for legal aid.

• Legal Aid can help only 20% of those who need services.

• 18% poverty rate in Texas.

• Decreased funding for legal aid.


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The Face of Poverty

Programs funded by the Legal Services Corporation (LSC)

Legal Aid of NorthWest Texas

Lone Star Legal Aid

Texas RioGrande Legal Aid

Legal Services Programs


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•Aid to Victims of Domestic Violence

•Disability Rights Texas •AIDS Services of Austin•American Gateways

•Catholic Charities of Central Texas, Immigration Legal Services

•Equal Justice Center•Volunteer Legal Services of Central Texas

Legal Services Programs

Legal aid programs throughout the state

To contact the legal aid provider in your area, visit:

www.TexasLawHelp.org


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Lawyers in Texas

There is one Texas attorney in private practice for every 392 Texans

There is only Texas legal aid attorney for every 11,152 poor Texans

:

:

How is Poverty defined?

Legal Aid eligibility125% of Federal poverty level

= $14,363 per year for a single person

= $29,438 per year for a family of four

A minimum wage worker earns $15,080 per year.

or about $2,400 gross income per month


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Areas in Need of Assistance

Types of Legal Aid CasesFamily & Domestic Violence

Immigration

Housing Law

Probate, Torts, & Incorporation

Social Security, Food Stamps, other gov't benefitsConsumer Protection

Education & Juvenile Rights

Health Care

Cases turned down

Almost one‐half of all otherwise eligible cases are rejected by Legal Aid for lack of resources

Unmet Need

Met Need

Need for civil legal services amongst poor Texans


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LSC Funding

• 43 million poor

• $321 million in LSC funding

• 60 million poor

• $358 million in LSC funding

1981 2013

Equates to $1.16 billion in 2012 dollars,if adjusted for inflation and population growth

20.1

12.1

5.8

4.4*

0

5

10

15

20

25

Mill

ions

IOLTA Fund Decline


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Barriers to Civil Legal Services

Not Enough Resources to Meet Demand– Lack of funding for legal services– Lack of money to hire an attorney

Geographic limitations– Rural vs. Urban

Funding Restrictions– Client eligibility– Resource limit– Type of legal services

provided

Increasing Legal Services to the Poor

• Legal Services Programs

• Private Attorneys –

Pro Bono

• Self Help


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Texas Rules of Professional ConductPreamble and Scope

6) A lawyer should render public interest legal service. The basic responsibility for providing legal services for those unable to pay ultimately rests upon the individual lawyer, and personal involvement in the problems of the disadvantages can be one of the most rewarding experiences in the life of a lawyer. Every lawyer, regardless of professional prominence or professional workload, should find time to participate in or otherwise support the provision of legal services to the disadvantaged. The provision of free legal services to those unable to pay reasonable fees is a moral obligation of each lawyer as well as the profession generally. A lawyer may discharge this basic responsibility by providing public interest legal services without fee, or at a substantially reduced fee, in one or more of the following areas: poverty law, civil rights law, public rights law, charitable organization representation, the administration of justice, and by financial support for organizations that provide legal services to persons of limited means.

State Bar of Texas

• Aspirational standard– 50 hours a year

• What constitutes pro bono?

– Pro bono policy

– FAQs

• Once licensed, report your pro bono hours

online at: ww.texasbar.com/mybarpage


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SBOT Legal Access Division

Support for Pro Bono Attorneys, Legal Aid and ATJ infrastructure:

• Malpractice insurance

• TexasBarCLE scholarships

• Mentor/Mentee MCLE credit

• Pro Bono College

• Referral Directory

• Emeritus Attorney Program

Mentor Program

• Earn up to five hours of participatory CLE, including one hour ethics annually for mentoring or being mentored on a pro bono case.

• Examples of Mentoring include:

– Advice

– Document review

– Court accompaniment


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Private attorney

Legal aid or pro bono attorney

Court‐appointed attorney

Assisted pro se with advice

Help Pro Se Litigants

Limited scope representation

Staffed self‐help center in

courthouse

Assisted pro se with no advice

Internet‐based self‐help services

Bank at a Prime Partner Bank

• Prime Partner Banks go beyond eligibility requirements to foster the IOLTA Program

• Prime Partner Banks pay a floor of 1%vs. .5% paid by benchmark banks.

• Payoff: Recognition, visibility, good PR

What You Can Do To Help


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Bank AComparable Rate =

0.01%

Bank BComparable Rate =

0.25%

Bank CBenchmark =

0.50%

Bank DPrime Partner

Rate =1.0%

Prime Partner Banks


• Bank at a Prime Partner Bank

• Get involved in Legislative Efforts to Raise Funds for Legal Aid Programs.

• Help with a Local or Statewide Fundraiser


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• Take a case.

• Give advice at legal advice clinics.

• Be a mentor.

• Speaker at Pro Bono Training CLE.

• Work at Policy or Systemic Level to Increase Access to Justice for the Poor.


• Start a Lawyer Referral Service.

• Establish a Reduced Feel Panel.

• Promote Limited Scope Representation.

• Get Involved with Local Legal Aid or Pro Bono Program.


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Trish McAllister512.427.1862 or 800.203.2222, Ext. 1862

[email protected]


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Documents

TRISH E. MCALLISTER, Austin Texas Access to Justice Commission · providing public interest legal services without fee, or at a substantially reduced fee, in one or more of the following