INCREASING PRO BONO PARTICIPATION North Carolina Pro Bono Resource Center A program of the North Carolina Equal Access to Justice Commission

Presenters: Afi Johnson-Parris, Co-Chair, Pro Bono Committee NC Equal Access to Justice Commission Sylvia Novinsky, Director NC Pro Bono Resource Center Katya Riasanovsky, Director of Pro Bono Services Legal Services of Southern Piedmont, LANC - Charlotte Sharon Council, Pro Bono Coordinator LANC - Durham

Though poverty fell in NC in 2014 and 2015, poverty rates are still 15% higher in the state than they were in 2007. The economic recovery has not resulted in improvements for many at the bottom of the economic ladder. 42.4% of female-headed households with children live in poverty 33% of workers in NC earned poverty-level wages in 2014, compared to 25.6% in 2000. NC has the worst unemployment insurance program in the country because of significant reductions in benefit amounts, limiting eligibility and cutting weeks of benefits. Only 10% of unemployed workers in NC receive unemployment.

Justice in Jeopardy “’Equal justice under law’ is not merely a caption on the façade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. . . It is fundamental that justice should be the same, in substance and availability, without regard to economic status.” Former United States Supreme Court Justice Lewis Powell, Jr. as President of the American Bar Association prior to his appointment

Justice in Jeopardy In civil proceedings involving fundamental questions – e.g., divorces, child support cases, home foreclosures, bankruptcies, and landlord-tenant disputes – the number of people representing themselves in court has soared since the economy soured. Most legal needs studies show that 80% of low-income people have no access to a lawyer when they need one in civil matters.

Justice in Jeopardy Studies show those without lawyers lose! A domestic violence study showed 83 percent of woman represented by an attorney obtained a protection order, compared to only about 33 percent who were pro se.

Preamble, NC Rules of Prof. Conduct As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice, and the quality of service rendered by the legal profession. . . A lawyer should be mindful of deficiencies in the administration of justice and of the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and use civic influence to ensure equal access to our system of justice for all those who, because of economic or social barriers, cannot afford or secure adequate legal counsel. A lawyer should aid the legal profession in pursuing these objectives and should help the bar regulate itself in the public interest.

NC Rule 6.1 NC RPC 6.1: 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.

NC Rule 6.1 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; (2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or (3) 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.

NC Rule 6.1 In fulfilling this responsibility, the lawyer should: (b) provide any additional services through: (1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or (2) participation in activities for improving the law, the legal system or the legal profession.

NC Rule 6.1 In addition, a lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means.

NC Survey on Pro Bono Most common resources likely to encourage participation in pro bono include: online portal to review and select pro bono opportunities trainings, best practices or skills manual, a statewide agency providing administrative support to connect attorneys with organizations that administer pro bono activities.

ABA Empirical Survey Approximately three-quarters of those who performed pro bono service in 2011 indicated that they do not seek out pro bono opportunities; the opportunities find them. Notably, when contacted by their state or local bar association or a legal aid or pro bono organization, seven in 10 took advantage of the opportunity, especially among private practice attorneys. SUPPORTING JUSTICE III A REPORT ON THE PRO BONO WORK OF AMERICA’S LAWYERS AMERICAN BAR ASSOCIATION STANDING COMMITTEE ON PRO BONO AND PUBLIC SERVICE March 2013

Barriers to Pro Bono Time constraints as the top factor discouraging them from providing more pro bono service Lack of skills or experience in the practice areas needed. Lack of desire or interest in doing pro bono was not a highly discouraging factor.

Factors that Encourage Pro Bono Opportunities to provide limited scope representation would encourage lawyers to do more pro bono. Wide range of volunteer opportunities Malpractice insurance (especially for corporate and government attorneys).

Continuing to Serve the Profession in Retirement with Pro Bono Status What is Pro Bono Status? Pro bono practice status allows inactive/retired and out-of-state lawyers to provide pro bono legal assistance to indigent clients through a nonprofit legal services corporation in a variety of practice areas and levels of time commitment.

Continuing to Serve the Profession in Retirement with Pro Bono Status Who is Eligible? Pro Bono Emeritus = inactive North Carolina attorneys in good standing Pro Bono Status for Out-of-State Lawyers = attorney living in North Carolina who is licensed in another state (whether active or inactive) in good standing

Continuing to Serve the Profession in Retirement with Pro Bono Status Benefits No membership dues are owed to the NC State Bar; No mandatory continuing legal education must be completed each year (though CLE may be taken if desired); and The rules do not require pro bono status attorneys to maintain malpractice.

Continuing to Serve the Profession in Retirement with Pro Bono Status Supervision The rules require all lawyers granted pro bono practice status to work under the supervision of a licensed NC attorney at a legal aid organization (who will provide a statement of supervision to the NC State Bar Council).

Continuing to Serve the Profession in Retirement with Pro Bono Status How to Obtain Pro Bono Status Complete petition; Obtain signed statement by an attorney employed by a legal services corporation; Provide discipline records, if any, and a certificate of good standing for all states where licensed outside of NC; and Have the petition notarized.

Goal of NC Pro Bono Resource Center To increase pro bono participation statewide

Activities Developing pro bono projects with existing stakeholders statewide. Providing support for existing pro bono activities including recruitment, training and communication. Providing a communications system to inform private bar about pro bono opportunities.

Additional Activities Implementing voluntary pro bono reporting statewide. Implementing voluntary pro bono recognition statewide Grant writing and other fundraising activities to advance the programmatic goals of the Center. Coordinating organizations interested in a pro bono project.

Examples of ways to engage the Private Bar Ken Schorr, Executive Director, LSSP Sharon Council, LANC --Durham

How can you get involved? ncprobono.org NCBA District Bars Specialty bar associations Legal services providers