Pro Bono Overview
An Overview and Guide for Attorney Participation in the 603 Legal Aid Pro Bono Program
Emma M. Sisti, Esq., Deputy Director
Introduction
The Pro Bono Program within 603 Legal Aid assists attorneys in meeting their ethical pro bono practice obligations under Rule 6.1 and helps them serve their communities. Clients access Pro Bono through the Statewide intake process. Applicants for Pro Bono attorneys are looking for assistance with matters involving family law, criminal record annulments, landlord tenant issues, bankruptcy, consumer issues, foreclosure, and federal income tax controversies (handled via its Low-Income Taxpayer Project). 603 Legal Aid screens cases for financial eligibility and legal merit, and then trained Pro Bono staff review and place cases with volunteer attorneys. Pro Bono coordinates opportunities for volunteers to handle domestic violence restraining order cases through its Domestic Violence Emergency (DOVE) Project in collaboration with crisis centers around the state.
Participation as a volunteer attorney through the 603 Legal Aid Pro Bono Program allows you to make a difference in the lives of low-income people in need. Involvement as a volunteer also provides the opportunity to expand and sharpen legal skills through “hands-on” experience in poverty-related cases. Many find participation to be personally rewarding, and involvement is an important way to enhance the public image of the Bar and the legal profession.
To facilitate your involvement, the Pro Bono Program provides a variety of supports, including waiver of filing and service fees for qualified clients, low-cost training, mentoring, coordination of interpreters, client management, and reimbursement of certain litigation costs. Click here to see more information under “Attorney Supports/Program Assitance”.
Cases and Referrals
Types of Cases Referred by Pro Bono Program
603 Legal Aid’s Pro Bono Program handles civil matters not only in the areas of family law and domestic violence but also bankruptcy, collection defense, housing, consumer issues, tort defense, guardianship, elder law, special education, tax, and other high priority legal matters confronting low-income families. We do not handle fee-generating civil matters, criminal cases (except for criminal record annulment), or traffic violations.
There are many more low-income clients in need Pro Bono services than available volunteers to help them, particularly in the family law and foreclosure areas. We greatly appreciate the willingness of attorneys to handle domestic cases involving children, since clients are at a particular disadvantage if forced to appear pro se. Pro Bono offers unbundled or limited scope opportunities to assist family law clients and others where appropriate. Other ways to get involved include drafting substantive training materials, mentoring, and hosting or staffing "referral marathons."
How You Will Receive Referrals
The Pro Bono Program coordinates referrals in the following ways:
You can choose a case listed on our “volunteer opportunities” page
The program staff or volunteers may call or email you
A colleague may contact you during a referral marathon
Your law firm Pro Bono coordinator (if one) may direct a request to you or
A special project partner (such as crisis center advocate for DOVE) may contact you about a referral staff members make every effort to use the referral method you prefer. The program will monitor cases sent to you from our office before contacting you about another referral.
The program will monitor cases sent to you from our office before contacting you about another referral.
In addition, by accepting cases through Pro Bono, attorneys can access court-approved fee waivers and a variety of program services to facilitate their representation of low-income clients with civil legal problems. Clients determined eligible for Pro Bono services are entitled to automatic waiver of in-state court filing and service fees. [See RSA 499:18(b)] In relevant cases, Pro Bono will include the form, “Notice of Indigency and Notice of Entitlement to Full Waiver of Filing Costs and Sheriff’s Fees,” with referral paperwork for you to send to the court. Please submit a request for this form if you need one at probono@603legalaid.org.
Contact from the Pro Bono Program
Pro Bono Program staff members may call/email you about a possible referral or to discuss one of your current Pro Bono cases. Program staff may also ask your assistance in recruiting other attorneys to take Pro Bono cases. In addition, the 603 Legal Aid staff may call to check on the status of an open case.
You may also hear from Emma Sisti, the Pro Bono Manager at 603 Legal Aid. Emma follows up on client complaints, assists with difficult referrals, and serves as a resource for panel participants to answer questions about the program or to help obtain resources.
Paperwork from the Pro Bono Program
After accepting a case, you will receive paperwork with the client’s name, address, and case type. IT IS EXTREMELY IMPORTANT FOR YOU TO RETURN COMPLETED FORMS TO PRO BONO AS OUR FUNDING DEPENDS ON OUR ABILITY TO COLLECT AND REPORT ON BASIC CASE DATA. In an effort to keep paperwork to a minimum, the 603 Legal Aid uses a simple case reporting system. All of these forms will be sent to you by our Coordinators or administrative staff at 603 Legal Aid. However, if you choose to, you can submit them directly from the website:
a. The "Initial Case Disposition Form" notifies the Pro Bono Coordinator whether the client has followed through on the referral. Volunteers must return this form after the initial interview or if the client fails to contact the attorney for an appointment within thirty (30) days after the referral is made.
b. It is important for funding and case management purposes that Pro Bono receive regular status updates while a case is open. “Quarterly Case Status Update” will be sent quarterly. The Quarterly Case Status Update must be returned within 2 weeks of the end of the quarter.
c. When a case is closed, the volunteer attorney shall complete and return the "Final Case Disposition Form." Attorneys shall return this form within 30 days of the case closing. Attorneys must include any final orders and must indicate the total number of hours devoted to each Pro Bono case. This information must be reported to our funders, so it is imperative that it be included. If the Attorney prefers, attaching a copy of the timesheet for the case is acceptable.
**If you prefer not to receive these requests via email (as a ZIP file), please let us know and we will send you a hard copy with a self-addressed-stamped envelope. Please note that 603 Legal Aid is happy to accept the return of any of the above reports by email, direct submission though the website, fax, or regular mail.
Informing the Pro Bono Program about Problems/Issues
There are a number of events which may trigger a need to call the office. Some of these are:
a. Loss of Client Financial Eligibility After Referral: Census and other demographic studies indicate that poverty is frequently a temporary status for many people. We expect financial situations will improve for some clients, who may become financially ineligible for no-cost services after being accepted and referred by our program. Sometimes cases may become fee-generating on closer investigation or due to changes in circumstances. PLEASE NOTIFY PRO BONO AT ONCE IF A CLIENT APPEARS INELIGIBLE FOR FREE LEGAL ASSISTANCE (EVEN AT THE OUTSET OF A CASE). We will investigate and, if appropriate, notify both attorney and client of the ineligibility, and that the client is free to seek representation at an agreed fee from the Pro Bono-referred attorney or other attorney of choice. The Pro Bono attorney may then withdraw from the case if necessary, so long as ethical considerations are satisfied.
b. Pro Bono Clients Returning for Additional Services: When a case is placed through the Pro Bono program, the client is informed that the referral is only for help with the problem(s) specified on the referral letter to the client. The attorney receives a copy of this letter.
If interested in handling new or different problems for the client, or if problems arise after the original case is completed, the attorney should contact the Pro Bono Program. The client’s financial eligibility will be rechecked and, if appropriate, a new case opened.
Where an attorney cannot help a former or new client seeking help with a family law matter, s/he should direct the individual to 603 Legal Aid, (603) 224-3333 or 1-(800) 639-5290 for eligibility screening and potential referral to Pro Bono. Clients may also be directed to the 603 Legal Aid Online Intake form.
c. Appeals and Class Actions: Attorneys are asked to notify the office when (a) an appeal is taken on behalf of a Pro Bono client; or (b) a class action is undertaken on behalf of a Pro Bono client or group of similarly situated Pro Bono clients. Pre-approval to undertake appeals is required by the Pro Bono Manager. Due to federal regulations, 603 Legal Aid cannot participate in class-action lawsuits, so if one is being initiated on behalf of a current 603 Legal Aid Pro Bono referred client, 603 Legal Aid must withdraw from supporting the attorney. We encourage volunteers to call the office any time with questions or concerns about a Pro Bono referred client.
d. Client Relations: Attorneys are strongly encouraged to contact the Pro Bono office should any problems arise regarding the attorney/client relationship, including concerns about client expectations.