Transcript Slide 1

PRO BONO PRACTICE IN ILLINOIS
Barry Levenstam
Co-Chair, Pro Bono Committee
Jenner&Block LLP
Chicago, Illinois Office
Illinois Rules of
Professional Conduct
Preamble: Service in the Public Interest
“It is the responsibility of those licensed as
officers of the court to use their training,
experience and skills to provide services in the
public interest for which compensation may
not be available.”
Illinois Rules of
Professional Conduct
Preamble: Service in the Public Interest
“It is the responsibility of those who manage
law firms to create an environment that is
hospitable to the rendering of a reasonable
amount of uncompensated service by lawyers
practicing in the firm.”
SUPREME COURT RULE 756(f)(1)
Rule 756. Registration and Fees
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“(f) Disclosure of Voluntary Pro Bono Service. As
part of registering under this rule, each lawyer shall
report the approximate amount of his or her pro bono
legal service and the amount of qualified monetary
contributions made during the preceding 12 months.
(1) Pro Bono legal service includes the delivery of legal services
or the provision of training without charge or expectation of a
fee, as defined in the following subparagraphs:
(a) legal services rendered to a person of limited means;
(b) legal services to charitable, religious, civic, community,
governmental or educational organizations in matters
designed to address the needs of persons of limited means;
(c) legal services to charitable, religious, civic, or
community organizations in matters in furtherance of their
organizational purposes; and
(d) training intended to benefit legal service organizations
or lawyers who provide pro bono services.
SUPREME COURT RULE 756(f)(1) Cont’d
In a fee case, a lawyer’s billable hours may be
deemed pro bono when the client and lawyer agree
that further services will be provided voluntarily.
Legal services for which payment was expected,
but is uncollectible, do not qualify as pro bono
legal service.
SUPREME COURT RULE 756(f)(2)
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“(2) Pro Bono legal service to persons of limited
means refers not only to those persons whose
household incomes are below the federal poverty
standard, but also to those persons frequently referred
to as the “working poor.” Lawyers providing pro
bono legal service need not undertake an
investigation to determine client eligibility. Rather, a
good-faith determination by the lawyer of client
eligibility is sufficient.”
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Pro Bono Institute Definition of
Pro Bono Work
“The term pro bono refers to activities of the firm
undertaken normally without expectation of fee
and not in the course of ordinary commercial
practice and consisting of
(i) the delivery of legal services to persons of
limited means or to charitable, religious, civic,
community, governmental and educational
organizations in matters which are designed
primarily to address the needs of persons of
limited means;
Pro Bono Institute Definition of
Pro Bono Work
(ii) the provision of legal assistance to individuals,
groups, or organizations seeking to secure or protect
civil liberties or public rights; and
Pro Bono Institute Definition of
Pro Bono Work
(iii) the provision of legal assistance to
charitable, religious, civic, community,
governmental or education organizations in
matters in furtherance of their organizational
purposes, where the payment of standard legal
fees would significantly deplete the
organization’s economic resources or would be
otherwise inappropriate.”
ABA MODEL RULE 6.1 VOLUNTARY PRO BONO PUBLICO SERVICE
Every Lawyer has a professional responsibility to provide legal services to those
unable to pay. A lawyer should aspire to render at least (50) hours of pro bono
publico legal services per year. In fulfilling this responsibility, the lawyer
should:
(a) provide a substantial majority of the (50) hours of legal services
without fee or expectation of fee to:
(1) persons of limited means or
(2) charitable, religious, civic, community, governmental and
educational organizations in matters which are designed
primarily to address the needs of persons of limited means; and
ABA MODEL RULE 6.1 VOLUNTARY PRO BONO PUBLICO SERVICE (Cont.’d)
(b) provide any additional services through:
(1) delivery of legal services at no fee or substantially reduced fee
to individuals, groups or organizations seeking to secure or protect
civil rights, civil liberties or public rights, or charitable, religious,
civic, community, governmental and educational organizations in
matters in furtherance of their organizational purposes, where the
payment of standard legal fees would significantly deplete the
organization’s economic resources or would be otherwise
inappropriate;
(2) deliver of legal services at a substantially reduced fee to persons
of limited means; or
(3) participation in activities for improving the law, the legal
system or the legal profession.
In addition, a lawyer should voluntarily contribute financial support to
organizations that provide legal services to persons of limited means.
PRO BONO OPPORTUNITIES
•
LOCAL
– Cabrini Green Legal Aid Clinic – Located on the near North Side of the city,
CGLA provides legal services primarily in the areas of family law, housing law,
criminal law and criminal records.
Contact: Kevin Krainz, 312-266-1345, ext. 418
Malpractice Insurance available to volunteers? YES
– Center for Disability & Elder Law – CDEL serves low-income elderly and
disabled Cook County residents in all practice areas excluding criminal and personal
injury law.
Contact: Gregory T. Goldberg, 312-376-1880.
Malpractice Insurance available to volunteers? YES
–
Chicago Lawyer’s Committee for Civil Rights Under Law –
CLC enforces fair housing laws, advocates for the rights and interests of poor
children, represents victims of hate crimes, provides transactional legal services to
community –based organizations working in the areas of housing and community
and economic development.
Contact: Clyde E. Murphy, 312-630-9744.
Malpractice Insurance available to volunteers? YES
PRO BONO OPPORTUNITIES (Cont.’d)
–
Chicago Legal Clinic – Founded in 1981, the Chicago Legal Clinic, Inc. is a
private not-for-profit legal services organization. The Clinic provides low-cost and
free services to disadvantaged individuals in areas of law such as : family law,
guardianships of minors and disabled adults, decedents’ estates, social security
disability claims, bankruptcy, real estate, immigration and environmental law. The
Clinic also supervises the Chancery Advice Desk located in the Daley Center.
Contact: For Pro Bono Attorneys: Veda Dmitrovich, 773-731-1762
Contact: For Chancery Advice Desk Volunteers: Lori Vancura, 312-603-3042
Malpractice Insurance available to volunteers? YES
– Chicago Volunteer Legal Services (CVLS) – CVLS resolves cases most important
to the lives of their clients: Adoption, Bankruptcy, Consumer Contracts, Divorce &
Custody, Eviction, Guardianships, Immigration, Powers of Attorney, Taxation and
Wills.
Contact: Alecia Wartowski, 312-332-1916
Malpractice Insurance available to volunteers? YES
PRO BONO OPPORTUNITIES (Cont.’d)
– Community Economic Development Law Project (CEDLP) - CEDLP is
dedicated to assisting residents of Chicago’s low income communities in
generating businesses, employment, housing and other necessities to improve the
quality of their lives.
Contact: Susan Kaplan, 312-939-3638.
Malpractice Insurance available to volunteers? YES
– Lawyer's Committee for Better Housing – LCBH seeks to increase availability
of safe, decent and affordable housing for people of low and moderate income in
the city of Chicago through legal and public advocacy and continuing education.
Contact: Rasheda Jackson, 312-347-7600
Malpractice Insurance available to volunteers? YES
– Lawyers for the Creative Arts – LCA provide legal services and education to
qualifying individuals and organizations in all areas of the arts, including the
visual, literary, entertainment and performing arts.
Contact: Marci Rolnik, 312-649-4111.
Malpractice Insurance available to volunteers? NO
PRO BONO OPPORTUNITIES (Cont.’d)
– Legal Aid Bureau of Metropolitan Family Services – LAB services range from
brief services and advice to full litigation. The bureau protects victims of domestic
violence by obtaining orders of protection, custody and child support orders, safe
visitation arrangements, judgments of dissolution of marriage with a fair division of
property and debts; preventing and reversing child abduction; and providing legal
advice, education and referral.
Contact: Grace Lim, 312-986-4011.
Malpractice Insurance available to volunteers? YES
– Legal Assistance Foundation of Metropolitan Chicago - LAF is the principal
provider in Chicago and suburban Cook County of free legal services in civil
matters to individuals and families unable to afford legal counsel, and to the elderly.
Contact: Dick Hess, 312-347-8342.
Malpractice Insurance available to volunteers? YES
PRO BONO OPPORTUNITIES (Cont.’d)
– National Immigrant Justice Center - NIJC, a program of Heartland Alliance
for Human Needs & Human Rights, provides direct legal services to and
advocates for low-income and impoverished immigrants, refugees and asylum
seekers.
Contact: Jefferson Mok, 312-660-1307.
Malpractice Insurance available to volunteers? YES
– Public Interest Law Initiative (PILI) – PILI builds professional relationships
into working partnerships, leveraging legal resources into legal services for the
poor and disenfranchised. PILI offers Internship & Fellowship programs for
law students and new law school graduates, respectively, to work at public
interest law agencies in Chicago.
Contact: Michael Bergmann, 312-832-5129.
Malpractice Insurance available to volunteers? NOT APPLICABLE
PRO BONO OPPORTUNITIES
• NATIONAL:
– Center for Constitutional Rights – The Center for Constitutional Rights is dedicated
to advancing and protecting the rights guaranteed by the United States Constitution and
the universal Declaration of Human Rights. Founded in 1966 by attorneys who
represented civil rights movements in the South, CCR is a non-profit legal and
educational organization committed to the creative use of law as a positive force for
social change.
Contact: Gita Gutierrez, 212-614-6485
– American Bar Association Death Penalty Representation Project – The American
Bar Association created the Death Penalty Representation Project in 1986. Their goals
are to raise awareness about the lack of representation available to death row inmates,
to address this urgent need by recruiting competent volunteer attorneys and to offer
these volunteers training and assistance. They also work for systemic changes in the
criminal justice system that would assure those facing death are represented at all stages
of the proceedings from trial through clemency by qualified, adequately compensated
counsel.
– Contact: Robin Maher, 202-728-9557
Malpractice Insurance available to volunteers? NO
PRO BONO OPPORTUNITIES (Cont.’d)
– Legal Services Corporation – LSC funds 138 legal aid programs with over 900
offices around the nation to help poor Americans gain equal access to the judicial
system. LSC funded programs revolve around family matters from domestic violence
and child custody to housing. They also provide assistance to the elderly or disables,
some are veterans.
Contact: Legal Service Corporation, 202-295-1500
– Advancement Project – Advancement Project is a democracy and justice action
group. Using law, public policy and strategic communications, they act in partnership
with local communities to advance universal opportunity, equity and access for those
left behind in America.
Contact: Advancement Project, 202-728-9557
Questions?
– For more background on the various types of pro bono that Jenner
& Block does, please visit our newly upgraded website!
www.jenner.com/probono