Reprinted with permission from the Allegheny County Bar Association
By Amy J. Greer
As many of you know, I have been committed to pro bono and public service
work for many years. My fellow attorneys often ask me how and why I find the
time. Over the years, I have learned that convincing people of the benefits of
doing just about anything requires an articulation of what's in it for
them.
With apologies to David Letterman and in an effort to convince my
colleagues of what's in it for them, here, in no particular order, are my Top 10
Reasons Why I (Still) Do Pro Bono Work.
The variety of experience cannot be duplicated elsewhere. As a general
corporate and commercial litigator, I have a rather varied practice. Pro bono
work, however, opens a different world of opportunity. I have handled pro bono
matters in Family Division, Arbitration Division, Civil Division, Orphan's
Court, Commonwealth Court (on original jurisdiction), U. S. District Court, and
in U. S. Immigration Court. As a less-experienced lawyer, I might not have been
offered this breadth of experience-certainly not with the same level of
responsibility, and pro bono cases present opportunities that prove useful
elsewhere.
For example, I don't speak Creole, so when I handled matters
for the Haitian Asylum Project, a lot of my work, inside and outside of the
courtroom, was through a translator. This experience prepared me for a
commercial litigation matter I later handled in Puerto Rico, wherein the
depositions were conducted utilizing a Spanish-English translator.
In
more general terms, my most substantial experience in Family Division is through
my pro bono work in Protection From Abuse matters and, while I am glad there are
other lawyers who make their careers in Family Division, it is helpful to have a
sense of the processes and procedures there. My paying clients, in regard to
their own personal matters, have posed questions that I can answer only because
of my pro bono experience.
Given the importance of the matter to the client, pro bono work grounds
you. Pro bono cases directly impact people's lives in a meaningful and
lasting way. Probably the best example of this for me is the work I did in
Immigration Court on behalf of two Haitians seeking political asylum. The very
lives of the two men I represented were at stake. Both of them believed that if
they were returned to Haiti, they would be killed because of their political
activity. My job was to convince the court that this fear was real and
well-founded even though the U. S. government had concluded that, with the
advent of democracy, Haiti was a much safer place.
Fortunately for my
clients and for the group of committed lawyers and volunteers who worked with me
on the cases, the Immigration judge granted these two men the asylum sought the
time waiting for that decision, however, seemed endless.
To those of us
who spend most of our time working in the world of high-impact, high-dollar
business deals gone bad, assuring that an indigent client's electricity stays on
or protecting someone from eviction may sound mundane, but these cases take on a
level of urgency when you meet your client and think about what the alternatives
might be-living without electricity or a roof over your head. These cases are
real, and they help you to count your blessings every day. We forget how lucky
we are, and how the lives we lead are the result of our own choices (good and
bad) rather than seemingly insurmountable circumstances. Pro bono clients-real
people with real problems-serve as a tangible reminder.
News Flash: Pro bono cases usually are not big consumers of your time. Most pro bono matters do not present complex legal or factual issues, requiring a minimal amount of actual lawyer time. Fortunately, while paying big dividends to your professional experience, the investment you make is relatively small. Pro bono clients simply need a lawyer to evaluate their legal rights and present their case. There are, of course, exceptions to this statement when you accept a novel or more complex matter. However, you generally know what lies ahead. For those that choose to take these cases, the rewards multiply accordingly.
Pro bono cases teach you how to turn a position of weakness into a position of strength. Folks tend to think of pro bono clients, who often are indigent, to be among the weakest in terms of the power structure of our society. Ironically, as everyone who ever represented a judgment-proof defendant knows, there is a lot of strength in telling a creditor that either payments from your client will be accepted over time and within your client's means, or your client will declare bankruptcy even better, your client might not declare bankruptcy. Rather, the creditor can go ahead, sue him or her, get a judgment, and find absolutely nothing to execute upon, after spending a tidy sum on attorneys' fees. Suddenly, you are working from a position of power. For new lawyers, and even for some experienced lawyers, this type of "strength" is not obvious pro bono cases teach us to use the facts and the law practically and in a manner that transforms weaknesses into strengths.
Since they often are used in the most difficult of circumstances, pro bono
cases sharpen your negotiating skills. Pro bono cases often require the use
of your best negotiating skills. You learn how far you can go and still cut the
best deal for your client. Presumably, the application of this skill in your
"real" legal life is obvious. These skills, learned by inexperienced lawyers in
the pro bono context, prepare them for work for paying clients. For example, I
have handled hundreds of Protection From Abuse matters. So far, I have had only
one go to a full hearing before a Family Division judge. Every other case has
resulted in a negotiated order of some type being entered in favor of my client,
even though many of the defendants were represented by counsel. (I ought to
write these words holding tightly to some talisman so as not to tempt the
fates.)
Suffice it to say, these cases are not pretty whether or not the
abuse or potential for abuse is extreme, both my clients and the defendants are
emotional, angry, and bruised by the experience of airing their dirty laundry in
front of total strangers. Resolving these matters, I've negotiated a variety of
conditions including the division of property, child visitation, and even the
designation of which local hang-outs each party can continue to frequent. The
matter that would seem to loom the largest in such cases-whether the defendant
will agree to stay away from the plaintiff-never seems to be the difficult
issue.
Learning to recognize what actually matters to the parties, being
willing to stay with and facilitate the exchange of information (since the
parties never have the opportunity to talk to one another directly), and closing
the "deal"are skills exercised in the majority of pro bono cases I have handled.
Your negotiation capability, similarly, will get a substantial workout in most
types of public service work-whether sitting on a non-profit board, negotiating
contracts for a charitable or art organization, or helping to convince people to
give their hard-earned money to a cause in which you believe. Just about every
type of public service works this particular part of the brain.
Then there's
the issue of "negotiating" with your client. We do this everyday in all of our
cases: getting the whole story, obtaining documents, arranging meeting times,
and fostering an atmosphere of cooperation. Pro bono cases present novel
challenges in accomplishing these seemingly simple tasks.
First, you
often have to overcome an intrinsic mistrust of the legal system and of lawyers
and then, care must be taken in how questions to your client are phrased to
elicit the most information, avoiding all "legalese." The time and place for
communication must be considered, given that your client may not have
transportation, may not have child care, may not have a telephone, and may not
have the money to make copies or to send any documentation. Although I make a
particular effort to treat my pro bono clients as I treat all other clients,
offering these clients the same consideration may require some special planning
and forethought.
Along similar lines, I find that pro bono work exercises my common
sense. I like to think that I was blessed with the gift of common sense.
Perhaps it just developed growing up in Manhattan, or maybe I'm just deluding
myself into thinking that I bring to my work a practical approach. In any event,
all too often, people act without the benefit of plain practicality. Figuring
out how to help your client, who often has gotten himself or herself into a
situation requiring your assistance by bad prioritizing or the lack of real
choices, while recognizing the needs of the other party, and then finding a
creative solution, factor enormously into pro bono work. There's a lot of talk
these days about "thinking outside of the box." Putting yourself outside of your
own "box" and into an area of law and clientele with which you have little
experience forces you to rely on your common sense and creativity, talents that
serve us well in all of our endeavors.
Creativity and good information
are two of a lawyer's most powerful tools. Good information is something any
attorney, with some effort, can obtain. Creativity, in terms of addressing legal
issues, finding novel resolutions, and handling those situations we address
every day (from depositions to court appearances) must be developed. Pro bono
cases offer real opportunities for this professional growth.
Pro bono work never ceases to remind me why I became a lawyer. I
believe that the government and the courts were intended to, and should, protect
the minority from the majority and the weaker among us from being preyed upon by
the stronger. Commercial litigation tends to be more of a "battle of the
Titans"-notwithstanding that your client always believes that his or her company
has been subjected to some wrong.
In most litigation, the playing field
is never quite an even one the balance, however, or lack thereof, is never as
pronounced as you will find it to be in pro bono cases. Generally speaking, this
is the opportunity to protect the interests of the disadvantaged, and many
lawyers decided to enter this profession to fight the good fight.
While
representing a corporate client, I am fighting a good fight, seeking to use the
system to vindicate rights and protect my client. More often than not, however,
this work utilizes the system for its dispute resolution function only. Pro bono
work implicates the very foundational tenets upon which the system was designed.
On balance, the need for volunteer lawyers is greater than the substance
or number of any excuses I could come up with for avoiding pro bono service.
Take a little time to learn about the opportunities for pro bono service. Make
inquiries with organizations that serve the needs of a community or further an
issue that engages you. Once you undertake this exercise, you will find that the
need of indigent persons and charitable organizations for legal assistance is so
substantial that your excuses of lack of time just don't cut it.
As
previously noted, the time commitment is not substantial, and it is your
specialized skills as an attorney that are needed to provide the right advice
and assistance to affect the result needed. Keep in mind, as you weigh the
conflicting demands on your time, that by doing pro bono and public service, you
are serving as a role model: for your children, for your community, and for the
profession.
Explaining to your family, even to the youngest children,
that it was pro bono or community service that kept you away from home a bit
longer, offers a lesson in what it really means to be a lawyer, to be a citizen
of this country, and to be a valued member of your community. This lesson will
have more impact than you could imagine think about those people who taught that
lesson to you.
The easy one: pro bono and community service are just the right thing to
do. When you decided to become an attorney, one of the attractions was
joining a profession, not just learning a job. There's a reason that lawyers
become community leaders. We understand the legal and political system from a
unique standpoint. We can identify issues and assist our families, friends,
neighbors, and communities in avoiding unpleasant experiences with those
systems. Perhaps this is why pro bono and community service are a requirement to
maintain your law license.
I consistently advise people who ask me about
pro bono to make sure they offer their services to organizations they care
about. Community and pro bono service should not be a "chore." Public service is
your opportunity to do something meaningful to you and to the individuals and
groups that you serve.
Finally, there's that satisfaction thing. I remember getting a "thank you" letter from one of my Protection From Abuse pro bono clients. The defendant had tried to shoot her, and she had the good sense to pretend she was dead so that he would leave her alone. Notwithstanding his arrest and charge for attempted murder, he was out of jail awaiting trial. My client was terrified. A negotiated PFA order was entered in favor of my client, offering her the fullest protection of the law and sparing her the difficulty of a hearing. She didn't need to thank me, but she did. Everyday that I manage to accomplish something for an individual or group in need of my help, I am thankful. I feel lucky to have the skills these people and groups need I feel like a better lawyer and I feel like a better person. The opportunity to make this kind of contribution to our community and the knowledge that you have done so are their own rewards. Try it. You'll see.