PRO BONO PRACTICE IN ILLINOIS Barry Levenstam Co-Chair, Pro Bono Committee Jenner&Block LLP Chicago, Illinois Office.

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Presentation transcript:

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 ********** “(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.

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)(1) Cont’d

SUPREME COURT RULE 756(f)(2) ********** “(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.” **********

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, , 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, 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, 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, Contact: For Chancery Advice Desk Volunteers: Lori Vancura, 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, 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, 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, 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, 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, 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, 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, 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, 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, –American Bar Association Death Penalty Representation Project – The American Bar Association created the Death Penalty Representation Project in 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, 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, –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,

Questions? –For more background on the various types of pro bono that Jenner & Block does, please visit our newly upgraded website!