The BBA’s weekly e-publication, BBA Week, has periodically been sending out updates about the work of volunteers aiding victims of the Boston Marathon bombings. Beyond the Billable thought last week’s article, titled “BBA on the Road” would be of particular interest to our readers. This article highlighted some volunteer BBA attorneys who offered to go on “home visits”, traveling across Massachusetts and to New Hampshire to meet with victims still recovering from injuries and unable to leave their homes. We hope you will find these stories of people helping in a time of need as inspiring as we did. To read the article, click here.
Posts Categorized: Pro Bono
At Beyond the Billable, we know that lawyers are passionate about giving back to their legal community through pro bono and public service activities. However, finding volunteer opportunities and selecting the right one is no easy task. That’s why last week, the BBA welcomed speakers Patrick J. McDermott (Norfolk Probate and Family Court), Robin D. Murphy (Verrill Dana LLP), Karen Stuntz (McEvoy & Stuntz LLP), and Martin F. Kane (McGrath & Kane) to highlight opportunities for attorneys to gain legal experience while giving back to the Probate and Family Court.
If you missed the program, no problem, that’s why Beyond the Billable is here. Available opportunities include the Lawyer of the Day Program, Conciliation Program, DOVE—Domestic Violence Ended, Attorneys Representing Children (ARC), the Guardianship Clinic, and Limited Assistance Representation. If you want to learn more, or volunteer for these programs, click here.
Last night, the BBA’s Family Law section held a roundtable discussion at the 16 Beacon Street discussing ways pro bono work can shape your legal career. Three pro bono connoisseurs, Honorable Maureen Monks (Middlesex Probate and Family Court), Manisha Bhatt (Greater Boston Legal Services) and Susan Finegan (Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.) served as panelists and shared their personal experiences with the audience and discussed ways for others to get involved.
As you may have heard, the BBA has taken an active role in moving Boston forward after the tragic events at the Boston Marathon by offering legal assistance to small businesses on Boylston and Newbury street affected by the bombing. Our members responded in force, with over 200 individuals offering assistance when we asked them to help. Nearly a month later, here’s an update:
- Thanks to the commitment of our members, the BBA has offered legal assistance to 26 small business owners and individuals who were affected by the Boston Marathon attacks.
- Through a collaboration with the Mayor’s Office and the Massachusetts Office of Victim Assistance, the BBA is continuing to get the word out about the available legal services and adapting to the needs of the victims and small businesses in order to effectively refer callers.
Do you know a small business owner or a victim in need of assistance? The Boston Bar Association is connecting those affected by the Boston Marathon bombing to lawyers that can provide pro bono legal assistance for issues such as insurance, labor and employment, relocation, health, and other issues. To access these services, please call the Lawyer Referral Service intake line at 617-742-0625, or Toll Free: (800) 552-7046, or submit an online request here.
Stay tuned for more information as the situation continues to develop.
For more information on the Marathon Monday Project, please contact Katie D’Angelo, Public Service Programs Coordinator, at [email protected].
Last night the BBA’s Immigration Law Section held a CLE titled “Asylum: Application Through Appeal” where speakers led attendees through the entire life cycle of an asylum case and provided thorough review of the current law and standards of review. This CLE was a must for attorneys who want to understand the law as it applies to seekers of asylum and who are new to representing asylum clients.
As our readers know, volunteer attorneys play a central role in these types of cases because asylum seekers often need pro bono representation. Beyond the Billable is always trying to help our lawyers find new ways to volunteer in the community, and it just so happens that two of the grantees of the Boston Bar Foundation (the BBA’s charitable arm) provide pro bono legal services to asylum seekers. Now it’s your turn. Read below for more:
(1) Political Asylum/Immigration Representation Project (PAIR): the organization recruits, trains, and mentors pro bono attorneys to provide pro bono representation for asylum seekers in Boston. Click here for more information.
The BBA Trust & Estates Public Service Committee led by Cameron Casey (Ropes & Gray) and Peter Shapland (Day Pitney) made a significant impact by helping to create and run the Massachusetts Uniform Probate Code (MUPC) resource desk. Working with the Massachusetts Bar Association and the Probate and Family Court, the MUPC resource desk helped more than 150 people.
Co-chair Kerry Spindler (Goulston & Storrs) will continue to work on follow up efforts to facilitate the transition to the MUPC and alleviate the burden on the courts. Click here to check out an article about this successful public service program.
Judge Jeffrey Winik, first judge of the Boston Housing Court, is a true champion of justice. On May 13th BBA President J.D. Smeallie will present Judge Winik with the Citation of Judicial Excellence at Law Day Dinner. We at Beyond the Billable know Judge Winik for his dedication to the Lawyer for the Day in the Boston Housing Court program.
We touched base with people who work with Judge Winik every week to see what they had to say about him:
Christopher Saccardi, The Law Office of Christopher T. Saccardi
My first court appearances as a new lawyer were in front of Judge Winik on pro bono matters, I was incredibly nervous, and I remember him being very patient as I stumbled through my arguments. While I certainly do not always prevail, I always get the sense that he appreciates that I am there trying to help someone who would otherwise be unrepresented. Judge Winik’s appreciation of the role volunteer attorneys’ play is clear in his willingness to speak regularly at BBA panels on housing law and to help new attorneys gain the confidence necessary to effectively represent low-income litigants at the Housing Court.
Andrew Cohn, WilmerHale
When asked to reflect on Judge Winik’s contributions to the Lawyer for a Day program, a few things stood out to me:
◊ Judge Winik has continued to help the Lawyer for a Day program increase available resources for pro se litigants, with the aim of achieving greater balance and fairness in judicial process even in a time of diminished resources.
◊ He has played a lead role in fostering the use of Limited Assistance Representation (LAR) in the Housing Court, in keeping with the SJC’s guidance.
◊ His example reminds all Lawyer for a Day program volunteers that JUSTICE is about PROCESS not about OUTCOMES.
◊ While being a staunch advocate for the program, Judge Winik has made clear that no ex parte communications of any kind relating to pending cases can be discussed in his presence; showing us all once again his commitment to fairness.
When thinking of Judge Winik’s contributions to the program, Virgil’s quote “None but himself can be his parallel.” comes to mind. The Lawyer for a Day program, the Boston Bar Association and the citizens of the Commonwealth owe Judge Winik a large debt of gratitude.
Hon. Robert B. Foster, Land Court Department of the Trial Court
Judge Winik’s support for the Lawyer for the Day program has been unwavering, and its success is due in no small part to his efforts. When we served together on the Real Estate Pro Bono committee, he was always the calming voice, with the usually sensible suggestion that would lead us out of whatever argument we might be having with each other. After I was appointed to the Land Court, I had the great pleasure of getting to know Judge Winik as a colleague. He is still the calm voice of reason, with the same thoughtful outlook on issues, but with just maybe a bit more leeway to crack jokes! He’s been a great help to me in my first year on the bench. I’m so glad the BBA is honoring him for all his work to support access to justice.
Joanna Allison, Volunteer Lawyers Project of the Boston Bar Association.
I call Judge Winik’s courtroom the humiliation free zone. Knowing volunteers will not be “made to seem a fool” not only gives them comfort but also empowers litigants who will be appearing pro se. I suggest that new lawyers sit in on Judge Winik’s session to see what goes on there on Thursday eviction days. If Judge Winik notices that he has an audience, he will find them later or call them up to the bench and ask if they have any questions about what they have seen. This is no less than a thrill for the new attorneys, to be noticed and treated respectfully by a member of the judiciary.
I have taken to comparing Judge Winik to Bruce Springsteen for his rock star status among the Lawyer for the Day volunteers. When asked about the comparison, most volunteers have said they would prefer to have Judge Winik come to the Lawyer for the Day table with his advice, gratitude and humility. After all, they opine, Bruce can only sing. Judge Winik is truly THE BOSS.
It’s Thursday morning in the Boston Housing Court, which can only mean one thing – the halls are crowded with landlords and tenants involved in eviction cases. One table in particular, staffed by volunteers from the BBA’s Lawyer for a Day in the Housing Court, seems particularly jam-packed. It’s no wonder. In 2012 BBA volunteers and their partners assisted more than 1,000 litigants.
You may be asking yourselves how our volunteer lawyers have the time to reach so many people each and every Thursday. The answer — through Pro Bono Limited Assistance Representation (LAR). The Boston Housing Court authorized the use of LAR in November 2010, which allows attorneys to appear in court on a limited basis without assuming full representation of the client and all the legal issues that may be related to the legal matter. The benefit is threefold: lawyers who may not have the time to take entire pro bono cases can still assist those in need, LAR provides an opportunity for attorneys to gain valuable courtroom experience and most importantly, and more people with unresolved legal issues that require representation are getting the help they need.
We think the impact of LAR is clear, but don’t just take it from us:
LAR provides an important legal service to many unrepresented litigants who appear in the Boston Housing Court. LAR attorneys represent these litigants on a specific limited matter (that sometimes enables the litigant to resolve the case that day). Attorneys entering LAR appearances gain valuable practical courtroom experience arguing a discrete matter before a judge without having to enter a full appearance. LAR attorneys have been able to acquire new fee paying clients (or new clients with claims that allow for statutory attorney fees) base upon their limited appearances.– Hon. Jeffrey Winik, Boston Housing Court Department of the Trial Court
LAR gets attorneys in the courtroom with clients–so much more effective and powerful than just giving the client advice. Because the attorney is obligated only for that one event of the case, s/he can commit to courtroom advocacy without taking on a case for full representation case that does not fit in their schedule or their practice.–Joanna Allison, Volunteer Lawyers Project of the Boston Bar Association.
The current legal job market is one of the toughest the field has ever seen. The need for pro bono legal services continues to grow. More and more new lawyers are starting their own firms and looking for ways to develop their legal skills. Is there a way to reconcile all of these demands? Come to Building Your Practice Through Pro Bono and find out how three new lawyers have done just that.
Here is just a bit of what you will learn from these attorneys:
Christopher Saccardi, The Law Office of Christopher T. Saccardi
I started my landlord-tenant practice by volunteering through the BBA Lawyer for the Day in the Boston Housing Court Program. My first trial was a pro bono case that I accepted on the morning of trial. While I was moderately terrified to be conducting a trial with very little experience, I soon realized that my client was very grateful to have any attorney representing her, even one with limited experience. And even more surprising, the judge was also happy to deal with an attorney during the trial as opposed to a pro se litigant. Because I was clearly inexperienced, the judge was extra patient with me and as a result, not only was I able to help out a deserving client but I learned a great deal through the experience.
As I gained experience through pro bono cases, I started to build up my own caseload of paying clients, drawing upon what I learned through volunteering and taking advantage of the network of mentors and colleagues I had built up through my work.
Thomas Beauvais, Attorney at Law
Once my license arrived in the mail, I started the process of opening my practice. In my brief time networking with other solos, I have found most have difficulty with the business side of the practice: how to get enough clients, what to charge those clients, and where to meet them. My biggest obstacle was the product itself, what area of law to practice.
I knew what I didn’t want to do. I didn’t want to practice in criminal law, family law or personal injury. Not that there aren’t very deserving clients in those areas, or that there aren’t some truly amazing attorneys practicing this law, I just knew it wasn’t for me. I did, however, want to litigate. Looking back at my list of eliminations, one might notice the Venn Diagram of my options was rather narrow. From my perspective at the time, there was no overlap. Nevertheless, I began looking for pro bono opportunities to keep myself busy. Thankfully, I came across Volunteer Lawyers Project (VLP). Every Wednesday, VLP hosts a Fair Debt Collection Clinic at the Boston Municipal Court. Not only would they allow any attorney with a free Wednesday morning to actually represent clients in a civil litigation setting, but they train them to do it well. After my first appearance, I was hooked.
Alison Silber, Law Offices of Alison Silber
I have a large VLP caseload—three cases at a time plus I mentor two other volunteers—and, in return, the VLP staff often answer questions for me about my non-VLP cases. They also provide me templates of motions/Proposed findings/etc. for my non-VLP cases.
In addition to taking cases with VLP, their lunches are a great opportunity to network and bounce ideas off of more experienced attorneys. I attend the large lunches whenever I can, plus VLP hosts a small, monthly Family Law brownbag that I find invaluable. I have developed two mentors from that circle. Each time I come with a list of questions from my non-VLP cases, and they always get answered.
Click here for more information and to register for Building Your Practice Through Pro Bono, January 23 at 12:30 pm.
As 2012 comes to a close, we begin to shift our focus to the New Year with anticipation. For those of you looking to get more involved and give back to the Greater Boston Community in 2013, the BBA is offering a number of public service trainings and programs in January to give you a head start. Here are a few ways you can get involved:
• Receive Limited Assistance Referral Certification at the training on January 9th from 3-4:30 pm. You can sign up for the certification here. This program will certify participants as LAR attorneys and teach them the basics on going into court for a single event in a case. The training will be followed by two separate breakout sessions on Family and Probate Law and Land Court. You can sign up for the Probate and Family Court session here or the Land Court session here.
• Attend the M. Ellen Carpenter Financial Literacy Program training on January 14th from 4-6 pm. The program is partnership between the BBA and the United States Bankruptcy Court for the District of Massachusetts and teaches high school students how to make smart financial decisions. This opportunity offers volunteers of all backgrounds an opportunity to get involved in the community by teaching classes on topics that include personal finance, budgeting and using credit. The time commitment is just a few hours but the impact on these students is substantial. Sign up for the training here; however, the training is not mandatory.
• Join the New Lawyers and Tax Sections for an accelerated training session for the Volunteer Income Tax Assistance (VITA) program on January 16th from 4-8 pm. The program is coordinated locally by the Boston Earned Income Tax Credit Coalition and annually trains volunteers to prepare income tax returns for low income taxpayers at community sites in the greater Boston area. No previous experience is required and non-attorneys are welcome to participate. Please note that volunteers will need to complete the certification test separately. Please sign up for the training here.
• Learn how to build your practice while helping your community at the upcoming “Building Your Practice Through Pro Bono” event on January 23rd from 12:30- 1:30 pm. Please sign up here.
• Join the Bankruptcy Public Service Committee for the Chapter 7 Bankruptcy Training on January 24th from 4-7 pm. The program will cover the basics of preparing and filing a Chapter 7 consumer bankruptcy case for a pro bono debtor. The topics covered will include pre-filing considerations, preparation of the petition, schedules and statements, the 341 meeting of creditors, practice pointers and advice about handling a pro bono consumer bankruptcy case. Please sign up here.
For more information on the programs, please contact Katie D’Angelo, Public Service Programs Coordinator at [email protected].