Motivated by Justice; Inspired by

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PROFESSIONALISM:

“Doing pro bono legal services work is part of Professionalism”

SACHIDA R. RAMAN, Deputy Exec. Director

ACADIANA LEGAL SERVICE CORPORATION1020 Surrey Street

Lafayette, LA 700501 Tel. (337) 237-4320 Ext. 1120 E-mail: sraman@la-law.org

MONDAY, 12-17-2018 (2:30 p.m. – 3.30 p.m.)

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PROFESSIONALISM: (1) HOUR CLE.LAFAYETTE, LA

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OVERVIEW

I. Professionalism is not just about civility to lawyers and judges in the practice of law. It is also about the service to the client, the public good, duties to the public, and a lawyer’s pro bono obligations.

II. How States have oversight of the lawyer’s pro bono obligations. The majority have no mandatory reporting requirements. All states have the

ABA Model Rule 6.2 that require lawyers to “not seek to avoid appointments by a tribunal.”

III. Self-Represented Litigants (SRLs) or pro se litigants’ crisis.

IV. The changing face of our civil legal justice system.

● Responses across the nation in addressing the SRL crisis.

● Response in Louisiana.

● How has the typical legal practice changed or has it?

V. What if we do nothing to address the problem?

VI. The Lafayette Volunteer Lawyers (LVL) program

VII. Distinguished endorsements for pro bono

VIII. Attachments

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1. Sup.Ct.Rules, Rule 30 CLE Rule 3, 8 LSA-R.S. (CLE REQUIREMENT)(a) …(b) …(c) Of the twelve and one half (12.5) hours of CLE required annually, not less than one (1) of such hours shall concern legal ethics, and not less than one (1) of such hours shall concern professionalism.

Legal ethics concerns the standard of professional conduct and responsibility required of a lawyer. It includes courses on professional responsibility and malpractice. It does not include such topics as attorneys' fees, client development, law office economics, and practice systems, except to the extent that professional responsibility is discussed in connection with these topics.Professionalism concerns the knowledge and skill of the law faithfully employed in the service of client and public good, and entails what is more broadly expected of attorneys. It includes courses on:

●√ the duties of attorneys to the judicial system;●√ the duties of attorneys to the courts;●√ the duties of attorneys to the public ; ● the duties of attorneys to clients; ● the duties of attorneys to other attorneys; ● attorney competency; and●√ pro bono obligations.

Legal ethics sets forth the standards of conduct required of a lawyer; professionalism includes what is more broadly expected. The professionalism CLE requirement is distinct from, and in addition to, the legal ethics CLE requirement.

Sup.Ct.Rules, Rule 30 CLE Rule 3, 8 LSA-R.S.

Regulation 3.21. Credit may also be earned through providing uncompensated pro bono legal representation to an indigent or near-indigent client or clients, or through other activities approved by the Committee. To be eligible for credit, the matter must have been assigned to the Member by a court, a bar association, or a legal services or pro bono organization that has as its primary purpose the furnishing of such pro bono legal services and that has filed a statement with

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the Louisiana Committee on MCLE. A Member providing such pro bono legal representation shall receive one (1) hour of CLE credit for each five (5) hours of pro bono representation, up to a maximum of three (3) hours of CLE credit for each calendar year. To receive credit, the Member shall submit MCLE Form 6 (“Application for CLE Credit for Pro Bono Services”). [enacted effective May 1, 2015; amended effective May 15, 2017].

II. OVERVIEW OF STATE PRO BONO REPORTING POLICIES1:

1. ● 9 states require pro bono r eporting :

Florida (Florida Rules of Professional Conduct Rule 4-6.1). 1993 upheld in 1997 (State and Federal Courts)

Hawaii (Order Amending Rule 17(d); Supreme Court of the State of Hawaii Rule). 2007

Illinois (Illinois Supreme Court Rule 756(f)). 2007

Indiana (Supreme Court Order Amending Indiana Rules For Professional Conduct). 2015

Maryland (Maryland Rules of Procedure, Rule 16-903). 2002

Mississippi (Mississippi Supreme Court Rules, Rule 6.1). 2007

Nevada (Nevada Rules of Professional Conduct, Rule 6.1). 2007

New Mexico (Rules Governing the New Mexico Bar Rule 24-108). 2008

New York (Rules of the Chief Administrative Judge, Part 118.1(e)(14)). 2013

2. ● 30 states with no pro bono reporting requirements: Alabama, Alaska, Arkansas, California, Colorado, District of Columbia, Delaware, Idaho, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, West Virginia, Wisconsin, Wyoming.

3. ● 12 states have voluntary pro bono reporting:

Arizona, Connecticut, Georgia, Kentucky, Louisiana, Montana, Ohio, Oregon, Tennessee, Texas, Virginia, and Washington.

1 https://www.americanbar.org/groups/probono_public_service/ts/pbreporting/

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4. MANDATORY PRO BONO?

LRPC RULE 6.2. ACCEPTING APPOINTMENTS

A lawyer shall not seek to avoid appointment by a tribunal to represent a person except for good cause, such as:(a) representing the client is likely to result in violation of the Rules of Professional Conduct

or other law;(b) representing the client is likely to result in an unreasonable financial burden on the

lawyer; or(c) the client or the cause is so repugnant to the lawyer as to be likely to impair the client-

lawyer relationship or the lawyer’s ability to represent the client.

The Louisiana Supreme Court has held that:

“[t]he professional obligations assumed by attorneys in this State require that a reasonable amount of time and effort be devoted to promoting the cause of justice, including the defense of indigent accused without compensation. The high purpose and traditions of the legal profession require that this burden be shouldered by its members. So long as the burden is not oppressive and is fairly shared among the members of the bar to which they belong there is no cause for complaint.” State v. Clifton, 172 So.2d 657, 667 (La. 1965).

III. THE CRISIS FACED BY OUR CIVIL JUSTICE SYSTEM AS A RESULT OF SELF REPRESENTED (PRO SE) LITIGANTS2:

1. The facts:

● There is a surge in Self Represented Litigants (SRL’s) across the country, especially in family law matters. Some courts are seeing rates as high as 70% (one or both litigants are pro se). Not only is it an impediment to judges in their ability to manage their dockets in a timely and efficient manner but it also strains their already limited resources as time is spent by court staff to address the needs of self-represented litigants and to correct mistakes. Additionally, and more alarmingly, it also becomes an access to justice issue for the SRL’s as they try to navigate a court system that was designed for lawyers.

● In Louisiana in 2017, 20.2% of the state’s residents lived below the federal poverty line.3

● All courts shall be open, and every person shall have an adequate remedy by due process of law and justice, administered without denial, partiality, or unreasonable delay, for injury to him in his person, property, reputation, or other rights.LSA-Const. Art. 1, § 22

2 See https://www.ncsc.org/Topics/Access-and-Fairness/Self-Representation/Resource-Guide.aspx (National Center for State Courts).

3 Center for American Progress, Talk Poverty: Louisiana 2017 Poverty Data (2017), found at https://talkpoverty.org/state-yearreport/louisiana-2017-report/ (The 2017 report uses primarily 2016 data).

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We all know that it is best to have a professional (a lawyer) represent a litigant in any court proceeding. But, what happens if someone is unable to afford a lawyer and the usual options of legal aid programs or pro bono legal services for civil cases are not available?

2. In 2017, the Legal Services Corporation (LSC) contracted with NORC at the University of Chicago to help measure and present a report of the justice gap among low-income Americans in 2017.4 LSC defines the justice gap as the difference between the civil legal needs of low-income Americans and the resources available to meet those needs.

“The phrase “with liberty and justice for all” in the U.S. Pledge of Allegiance represents the idea that justice should be accessible to everyone. In criminal cases, legal assistance is a right. However, there is no right to counsel in civil matters, and most low-income Americans are forced to go it alone without legal representation.”

The report showed that:

● In the past year, 86% of the civil legal problems reported by low-income Americans received inadequate or no legal help.

● 71% of low-income households experienced at least one civil legal problem in the last year, including problems with health care, housing conditions, disability access, veterans’ benefits, and domestic violence.

● In 2017, low-income Americans will approach LSC-funded legal aid organizations for support with an estimated 1.7 million problems. They will receive only limited or no legal help for more than half of these problems due to a lack of resources.

3. The American Bar Association completed a report on The Pro Bono Work of Louisiana’s Lawyers in 2017. 5

Q. What discourages attorneys from doing pro bono?

A. According to Louisiana lawyers surveyed in the report, the top three discouraging factors were:

1. Lack of time;2. Commitment to family or other personal obligations;3. Lack of skills or experience in the practice areas needed by pro bono

clients.

4 https://www.lsc.gov/media-center/publications/2017-justice-gap-report . The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans report explores the “justice gap,” the difference between the civil legal needs of low-income Americans and the resources available to meet those needs in 2017.

5 http://files.lsba.org/documents/ATJ/2017ProBonoSurvey.pdf

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So, if legal aid programs and pro bono legal services are not available because of limited resources to address the needs of SRL’s, what then?

IV. SOLUTIONS FROM ACROSS THE COUNTRY.

1. “The Informal Domestic Relations Trial (IDRT) process adopted by the Deschutes County, Oregon, Circuit Court is described, evaluated, and compared to simplified family law procedural rules of other jurisdictions. The IDRT process has been created by local court rule, and will soon be adopted statewide in Oregon. The IDRT rule allows parties to choose a simplified trial or hearing format where the parties speak directly to the judge with no direct or cross-examination, nonparty witnesses are limited to experts, the traditional rules of evidence are waived, and all exhibits offered by the parties are admitted. IDRT cases are typically docketed more quickly than traditional trials; last just a couple of hours; and decisions are rendered promptly, usually theday of the hearing or trial. The court retains jurisdiction to modify the process as fairness requires and to divert cases where domestic violence or other reasons render IDRT inappropriate.” 6 Oregon has also considered a LLLT program, and in June 2017 a working group recommended the Oregon State Bar's board of governors appoint a committee tasked with developing a plan to license so-called paraprofessionals.

2. The Self Represented Litigant Network (SRLN), “connects lawyers, judges and allied professionals who are creating innovative and evidence-based solutions so that self-represented litigants have meaningful access to the courts and get the legal help they need recently confirmed that forty-two states have adopted at least some SRLN best practices recommendations with respect to self-help centers and related reforms, and ten of these states have been able to develop comprehensive SRL service delivery systems such that every person in those states have access to some level of legal self-help. In addition to trial court reforms, SRL reforms have also made headway into the appellate courts.”7

3. In 1996 the California Legislature created a new statewide Family Law Facilitator Program to begin on July 1, 1997. “California introduced its Family Law Facilitator Program to guide unrepresented family litigants through the judicial process. The Family Law Facilitator is an attorney who works for the Superior Court and can provide assistance to you in representing yourself in child support and family law matters. You can get help with an existing case or in starting a new case. If you require an interpreter, you must bring one with you when you see the Family Law Facilitator. The Family Law Facilitator can help you select the proper legal forms and provide instructions for completing, filing and serving the paperwork; however, you are responsible for processing your own case.

If you need to go to court to present your case to a judge or commissioner, you will present your case yourself. The Family Law Facilitator cannot go to court with you. If you require an interpreter in court you must bring one with you. The Family Law Facilitator is not your attorney. There is no attorney-client relationship between you and the Family Law 6 https://www.ncsc.org/services-and-experts/areas-of-expertise/children-and-families/family-justice-initiative/~/media/42AE4A6C27174CCC8B72D410A32954B1.ashx

7 https://www.srln.org/topics

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Facilitator. The Family Law Facilitator can provide assistance to both you and the other party (for example, your former spouse, the parent of your child, etc.), either together or separately.

Any self-represented litigant may request help from the Family Law Facilitator; however it is important to note that when you speak with the Family Law Facilitator, your conversation is not private or confidential as it would be if you hired your own attorney. If you need assistance with your case strategy, you should seek legal advice from your own attorney. In what type of cases can the Family Law Facilitator provide assistance? The Family Law Facilitator can provide procedural direction in the following types of cases:

AdoptionsDepartment of Child Support Services child support cases.Domestic Violence/Civil HarassmentGuardianshipsName ChangesDissolution of marriage (divorce), legal separation, nullity (annulment) and paternity cases:Child support and spousal support issuesChild custody and visitation issuesInitiating or finalizing a caseFacilitator WorkshopsThe Family Law Facilitator offers a number of workshops through the Self-Help Center.”

See relevant extracts from http://www.yubacourts.org/self-help/family-law-facilitator

4. In 2012, Washington became the first state in the country to offer an affordable legal services option to help meet the needs of those unable to afford the services of a lawyer. A Limited License Legal Technician, also known as a legal technician or a LLLT, is licensed by the Washington Supreme Court to advise and assist people going through divorce, child custody, and other family law matters in Washington. Look for other practice areas to be approved in the future.

From an article in the Seattle Time:

“If you’re looking for a lawyer, or if you’re a student considering a career in the law, the Washington State Bar Association wants you to know about a new field that can save you money in legal fees — or college tuition. Authorized by the state Supreme Court several years ago, the field is called Limited License Legal Technicians — LLLTs — or simply legal technicians. They are the only legal professionals, other than lawyers, who are licensed to give legal advice and own law firms in Washington. Washington is the first state in the country to offer this option for legal services.

Steve Crossland, an attorney in Cashmere, Chelan County, and past president of the Washington State Bar Association, says the creation of legal technicians was born out of a concern that people wouldn’t be able to get access to legal advice because the number of practicing attorneys is shrinking. It’s a problem that will get worse in the years to come. “I’m a baby boomer, and my age group constitutes half the bar — and we’re retiring,” Crossland said. At the same time,

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“people aren’t going to law school in the numbers that are going to replace us. The crisis is upon us — and it’s going to get bigger.”

A legal technician has more training than a paralegal, and those who take the courses and pass a final exam can practice law on their own without working under the supervision of an attorney, said Sara Niegowski, chief communications and outreach officer for the Washington State Bar Association. Currently, legal technicians are licensed to practice only family law (such as drawing up divorce papers), but more specialties are on their way. They charge significantly less than an attorney, but they still make good money — about $60 to $120 an hour, Niegowski said. So far, about 30 people have been certified statewide.

To become a legal technician, a student needs to earn an associate degree at a community college that offers paralegal training, then take an additional year of training via live webcast, which is offered by the University of Washington’s Continuing Education Program. That yearlong course costs $3,750. Finally, the student must pass several exams in order to earn the license. That’s three years of training, which will cost students about $12,000. Earning a law degree typically takes seven years — a bachelor’s degree followed by a law degree — and three years of law school at the University of Washington currently costs about $100,000 for in-state residents.Five Washington community colleges offer the specific paralegal courses needed for the first step of the program: Highline, Edmonds, Tacoma, Spokane and Whatcom. Across the Oregon border, Portland Community College also offers the coursework.”

By Katherine Long, Seattle Times higher education reporter. Originally published March 5, 2018.https://www.seattletimes.com/education-lab/in-washington-theres-a-low-cost-alternative-to-hiring-or-becoming-a-lawyer/

5. From the ABA journal: “The first Licensed Paralegal Practitioners in Utah are expected to be licensed in 2019, making the state the second to license nonlawyers to practice law.New rules regulating paralegal practitioners are set to take effect Nov. 1. They will allow law practice without a lawyer’s supervision in three areas, though courtroom appearances won’t be allowed, They are:

• Cases involving temporary separation, divorce, parentage, cohabitant abuse, civil stalking, custody and support, and name change.• Cases involving forcible entry and detainer.• Debt collection matters in which the dollar amount in issue does not exceed the statutory

limit for small claims cases.

Licensed paralegal practitioners will be allowed to help clients choose, fill out, file and complete service of legal forms; review and explain court orders or another party’s documents; advocate for a client in a mediation; and complete settlement agreements after a negotiation.Classes for licensed paralegal practitioners will be taught at Utah Valley University in Orem, Utah. The first licensing exams are expected to be held in the spring.”

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http://www.abajournal.com/news/article/first_paralegal_practitioners_in_utah_are_expected_to_be_licensed_in_20196. “NYC launched the Court Navigator Program (CNP) in February 2014, using nonlawyers to support and assist unrepresented litigants during their court appearances in landlord-tenant and consumer debt cases. Court Navigators, who have special training and are supervised, give general information, written materials and one-on-one assistance. Also, Court Navigators provide moral support, assist with court forms, help keep paperwork orderly, access interpreters and explain the court process to litigants, including the roles of everyone in the courtroom. The Court Navigator is also permitted into the courtroom in the Bronx, New York, Kings, and Queens County Housing Court and Bronx Civil Court to respond to factual questions asked by the judge but not to represent clients in the traditional lawyer sense.”8

7. “In Colorado, Self-Represented Litigant Coordinators, or "Sherlocks," help individuals navigate the courts. Sherlocks can refer litigants to pro bono services, inform them about court rules, explain their options and review documents before hearings to make sure they meet procedural requirements. The Statewide List of Sherlocks provides the address and also contact information for the Self-Represented Litigant Coordinator (Sherlock) for every county in the state of Colorado. Every district has a Self-Help Center that is staffed by one or more "Sherlock". They provide assistance to people needing help navigating through the court system. 9

STATISTICS: Self-Represented Litigant Coordinators are keeping statistics of the number of contacts they have in the Self Help Centers across the state of Colorado.” Here are some of the numbers from the court website:

Year: SRL’s2017 175,162

2016 148,601

2015 125,546

2014 95,167

8. EXAMPLES OF INCREASED PRO BONO EFFORTS BY THE PRIVATE BAR:

8 http://www.abajournal.com/news/article/legal_technicians_belong_in_court

9 https://www.courts.state.co.us/Self_Help/information.cfm

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●The good news is that pro bono is alive and well in America. A recent survey by the ABA10 of 24 states indicated that 81% of lawyers have provided pro bono services at some point in their lives.

● ENTERGY CORPORATION11

Entergy Corporation launched its pro bono program in 2012, signing the Corporate Pro Bono Challenge® statement in 2015. In 2014, Entergy’s legal department reaffirmed its 50-hour goal and added a requirement mandating that all employees complete a minimum of 10hours of community service annually, which lawyers can satisfy through their pro bono work.

10 Read the full report at: https://www.americanbar.org/content/dam/aba/administrative/probono_public_service/ls_pb_supporting_justice_iv_final.pdf

11 http://www.cpbo.org/wp-content/uploads/2017/09/Entergy-2017.pdf

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Pro bono work is considered in employee evaluations. Some of the impressive work being done include: New Orleans Self Help Resource Centers; Clinics for underserved populations in Louisiana, Arkansas, Texas, Washington, D.C., and Mississippi; handled family law cases; and advised school boards and other non-profits.

Entergy concludes “that employees who perform pro bono work are more engaged and satisfied with their work overall.”

9. UNBUNDLING OR LIMITED SCOPE REPRESENTATION12

“Unbundling, or limited scope representation, is an alternative to traditional, full-service representation. Instead of handling every task in a matter from start to finish, the lawyer handles only certain parts and the client remains responsible for the others. It is like an à la carte menu for legal services, where: (1) clients get just the advice and services they need and therefore pay a more affordable overall fee; (2) lawyers expand their client base by reaching those who cannot afford full-service representation but have the means for some services; and (3) courts benefit from greater efficiency when otherwise self-represented litigants receive some counsel.”

10. ALTERNATIVE DISPUTE RESOLUTION:

● On Line Dispute Resolution: “Simply defined, ODR is a digital space where parties can convene to work out a resolution to their dispute or case. Originally limited to non-binding, out-of-court dispute resolution between private parties, ODR is now used in the public sector to resolve traffic violations or code enforcement, landlord/tenant, small claims, small-dollar 12 https://www.americanbar.org/groups/delivery_legal_services/resources/ . In 2017, the ABA surveyed lawyers about their use of and attitudes toward unbundled legal services. Over 34,000 private practitioners from 25 statesparticipated.

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personal injury claims, separation/divorce, and tax assessment appeals cases, etc. ODR is not a specific software package, it is a thoughtful and intentional use of technology to facilitate problem resolution. The goal is not to replace courts with computers, but rather to strategically apply technology to certain dispute resolution processes to make them more accessible, efficient, convenient, and cost effective.”

Excerpts from a document produced by the Joint Technology Committee (JTC); established by the Conference of State Court Administrators (COSCA), the National Association for Court Management (NACM) and the National Center for State Courts (NCSC).

https://www.ncsc.org/~/media/Files/PDF/About%20Us/Committees/JTC/JTC%20Resource%20Bulletins/2017-12-18%20ODR%20for%20courts%20v2%20final.ashx .

●Mediation and Arbitration: This remains a viable option to self- represented litigants as long as the cost is reasonable. Participation is more likely by SRL’s when there are pro bono services or when there is a sliding-fee scale for fees based on a participant’s income.

11. HOW HAS LOUISIANA ADDRESSED THE SELF-REPRESENTED LITIGANT (SRL) CRISIS?

a. 2004: Judge Jerome Barbera, chaired the Task Force on Pro Se Litigation conducted by the Louisiana Judicial Council. In 2004, the task force produced a report that contained guidelines to assist Louisiana district judges, in association with other local and state-wide stakeholders. With the onus on the courts, things slowed down almost to a halt.

b. 2009: The Access to Justice Committee of the LSBA13 approved the “Louisiana State Action Plan to assist Self-Represented (Pro Se) Litigants” in 2009. The objective was to get the LSBA to collaborate and spearhead the changes necessary to address the

growing crisis of SRL’s in the state. Since 2009, as the crisis became more apparent, there have been numerous developments addressing the SRL crisis. In 2015, the Access to Justice

Commission was created by the Louisiana Supreme Court. The purpose of the commission is to “assure continuity of policy and purpose in the collaboration between the private bar, the courts, and the civil justice community so as to further the goal of assuring that Louisianans, regardless of their economic circumstance, have access to equal justice under the law.” Through the efforts of the LSBA/ATJ Committee and the Commission, progress has been made that include, but are not limited to:

1. The law Library of Louisiana: An excellent website that addresses the needs of self- represented litigants. The mission of the Law Library of Louisiana is to meet the legal

information needs of Louisiana’s judiciary, state government agencies, attorneys, and the general public by providing access to legal and related materials, research assistance, and instruction in the use of legal information. https://lasc.libguides.com/resources-for-self-represented-litigants. The Law Library of Louisiana Self-Represented Litigant

website includes several libquides. Libquides are designed to provide basic information about legal issues, and connect clients with attorneys and services in their area that may be of

assistance. Public libraries in all 64 parishes in the state now partner with the LSBA to

13 https://www.lsba.org/ATJ/

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assist library patrons and each year there is a “Lawyers in the Library” week marking this collaboration.14

2. The LSBA has standardized limited self-help legal forms for divorce, custody, and child support. It also has information for SRL’s and other resources. Users are advised to

“click on your parish below to see available services and forms in your area. Some jurisdictions have self-help centers than you can visit, and others have online resources. There are also several statewide services including online legal advice, a legal hotline,

and events at public libraries.”15

3. Legal Information and online resources. https://www.lsba.org/Public/FindLegalHelp/LegalInformation.aspx

4. How to access legal aid or pro bono organizations: For some cases, such as a personal injury case, you may be able to find representation without paying a lawyer in advance. In other words, a lawyer may take your case with the expectation of being paid by the opposing once the case is finished. However, if you cannot find an attorney, or if you cannot afford to hire an attorney, you may be able to get help from a legal aid or pro bono organization in your area. https://www.lsba.org/Public/FindLegalHelp/ProBonoOrganizations.aspx

5. “LA.FreeLegalAnswers.org is an online pro bono program that may be able to help you with civil legal issues if you cannot afford an attorney. If you meet specific financial eligibility requirements, are 18 years of age or older, not currently in jail or

prison, and have a non-criminal legal issue, you can ask civil legal questions through the site that may be answered by volunteer attorneys.”

https://la.freelegalanswers.org/

6. Modest Means Online Legal Directory: “The Directory provides you with the contact information of attorneys who charge reduced rates or charge less because they represent someone for just part, and not all, of a case. For information on fees and

services, you will need to contact the attorney(s) listed. What income brackets qualify for reduced fees? Reduced fees may be available to people with incomes at or below 400.0% of the Federal Poverty Guidelines.”

https://www.lsba.org/Public/FindLegalHelp/ModestMeans.aspx

7. LSBA/Louisiana Access to Justice Commission Self-Represented Litigant Service Provider Summits were held in Lafayette in April 2018 and one in Natchitoches in November 2018. The forum discussed: “a variety of standardized and template resources for the public; information about launching and funding self-help services; a “SRL Bench Card” developed by the Louisiana District Judges Association SRL Committee; public library partnership opportunities; training materials for court staff on

14 https://www.lsba.org/LouisianaLawyersinLibraries/ForLawyers.aspx

15 https://www.lsba.org/Public/FindLegalHelp/SelfRepresentation.aspx

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how to respond to (but not answer) requests for advice; common challenges and solutions identified by city court staff, district court staff, and self-help service administrators; and much more. State judges, clerks of court, judicial administrators, law clerks, legal aid and local bar organizations, and other “Access to Justice Partners” were all invited to attend.”

c. LRPC, RULE 1.2. SCOPE OF REPRESENTATION AND ALLOCATION OF AUTHORITY BETWEEN CLIENT AND LAWYER…(c) A lawyer may limit the scope of the representation if the limitation is reasonable under the circumstances and the client gives informed consent.

Appendix Form 9.12A: NOTICE OF LIMITED APPEARANCE – FAMILY LAW CASES.Appendix Form 9.12B: NOTICE OF LIMITED APPEARANCE – NON-FAMILY LAW CASES.

See http://www.lasc.org/rules/dist.ct/AppendicesList.asp

d. Uniform District Court Rule 9.13, Withdrawal as Counsel of Record:…(c). Any motion to withdraw shall include the following information:…(5). If the motion is to withdraw upon completion of a limited appearance, the motion shall include a certification by the withdrawing attorney that the agreed upon limited services have been completed and that the withdrawing attorney has submitted all judgments or orders resulting from the limited appearance as ordered by the court. A copy of the relevant Notice of Limited Appearance shall be attached to the motion. http://www.lasc.org/rules/dist.ct/TitleII.asp

e. Self-help Centers or desks at Judicial District Courts and some are located at various local bar associations. They contain standardized simple family law forms as well as other basic forms. Many are manned by pro bono lawyers or law school students who provide “legal information.”

LIVE Self Help Centers at the Court House:

1st (Caddo)19th (East Baton Rouge)22nd (St. Tammany/Washington)24th (Jefferson)41st (Orleans)

Current SRL Websites on Judicial District Court websites:

2nd JDC (Claiborne/Bienville/Jackson) … under development

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4th (Ouachita/Morehouse)9th (Rapides)14th JDC (Calcasieu) …under development17th (Lafourche)25th (Plaquemines)26th (Bossier/Webster)29th (St. Charles)33rd (Allen)35th JDC (Grant) … under development38th (Cameron)

There are about 10 other JDC’s currently looking at setting up SRL resource page on their websites.

f. Louisiana legal resources for low income people in the state. “LawHelp.Org is an online resource for people living on low-incomes and the legal organizations that serve them. LawHelp.org provides referrals to local legal aid and public interest law offices, basic information about legal rights, self-help information, court information, links to social service agencies, and more.” https://louisianalawhelp.org/get-help

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V. WHAT IF WE DO NOTHING?

● Crowded and clogged courtrooms with long waits;

● There will be a need for more judges and court personnel to address the unmet needs of pro se litigants, especially in family law?

● Disillusionment on the part of the public in what our form of legal system is supposed to represent – “equality and justice for all.”

● A growth in the unauthorized practice of law.

● An alternative to the legal system? Take the law into your own hands; Disregard the law; something else?

● Lawyers get more of the bad rap.

● Imposition of rules and laws on attorneys by the Supreme Court and/or the legislature to do mandatory pro bono work.

● Non-lawyers entering into the profession to “carve” out areas that facilitate SRL’s?

● Courts and the practice of law being re-designed to address the needs of SRL’s access to the court and their ability to present their case?

● Non-lawyers owning law firms. A free market, deregulated approach? Here are some interesting ABA articles that you can read in your spare time on a subject that appears to have been revived.

http://www.abajournal.com/news/article/should_nonlawyers_be_allowed_to_own_law_firms_aba_commission_revisits_the_i ;

http://www.abajournal.com/magazine/article/law_firms_competition_accounting

● Others?

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VI. THE LAFAYETTE VOLUNTEER LAWYERS (LVL) PROGRAM

a. What is LVL?

Established in 1987 as a cooperative effort between Acadiana Legal Service Corporation

(ALSC) and the Lafayette Bar Association. The purpose of the project was to provide indigent

residents of Lafayette Parish with quality legal assistance in civil matters. It is now, one of the

premier pro bono programs in the State.

b. Where do the cases come from?

Over 100 civil cases are referred by ALSC to LVL each year. Most of these cases consist

of divorce, custody, and support. Additionally, LVL assigns cases to attorneys through the

Protective Order Panel, The Pro Bono Curator Panel; Homeless Experience Legal Protection

(HELP) project, as well as assistance at Pro Se Divorce Clinics.

c. Who covers the Professional Liability Insurance for these cases?

ALSC provides coverage for their cases in the amount of $1million per case. Coverage

for the other cases for HELP, the Protective Order Panel, the Pro se Divorce Clinics, and the Pro

Bono Curator Panel are provided by LVL.

d. Recognition?

Attorneys and law firms are recognized and given awards on the basis of their pro bono

efforts at a special breakfast event. Additionally, the LSBA has awards for statewide recognition

and these are presented at the Supreme Court in New Orleans in May. A maximum of 3 CLE

credit hours are also available (1 CLE hour for 5 hours of pro bono legal services).

e. Support and Guidance?

An attorney, co-counsel or mentor can also be assigned to assist the novice volunteer

attorney. There is a Pro Bono Reference Manual as well as a Pro Bono Desk Manual.

f. How do you volunteer?

Contact: Ms. Marilyn Lopez, LVL Program CoordinatorTel. (337) 237-4700 Ext. 2

Or, online at: https://www.lafayettebar.org/volunteer

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VII. DISTINGUISHED VOICES:

● http://www.youtube.com/watch?v=xPEZYJCIf1Y

(U.S. Supreme Court Chief Justice, John Roberts). 2005

● http://www.youtube.com/watch?v=-AK7js83Heo

(U.S. Supreme Court Associate Justice, Ruth Ginsberg). 2011

● https://vimeo.com/51561082

(Chairman Wolf on LSC and pro bono). 2012

The task force charged by LSC’s Board of Directors with identifying innovative ways to enhance pro bono throughout the country released a report of its findings and recommendations last month. Rep. Frank Wolf (R-Va.), then chairman of the House Appropriations Subcommittee on Commerce, Justice, Science & Related Agencies, and a strong proponent of pro bono, praised the report and called for its implementation.

● “Certainly, life as a lawyer is a bit more complex today than it was a century ago. The ever-increasing pressures of the legal marketplace, the need to bill hours, to market to clients, and to attend to the bottom line, have made fulfilling the responsibilities of community service quite difficult. But public service marks the difference between a business and a profession. While a business can afford to focus solely on profits, a profession cannot. It must devote itself first to the community it is responsible to serve. I can imagine no greater duty than fulfilling this obligation. And I can imagine no greater pleasure.”

– U.S. Supreme Court Associate Justice, Sandra Day O’Connor, 78 Or. L. Rev. 385, 391 (1999).

VIII. ATTACHMENTS:

● Governor Edwards 2018 Pro Bono Week Proclamation.

● Former Louisiana Supreme Court Justice Kimball’s letter to the judiciary.

● Motivations and Attitudes – An excerpt from the ABA report on The Pro Bono Work of Louisiana’s Lawyers in 2017.  

● LSBA Modest Means Online Directory– How to join the directory as a lawyer.

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