Pro bono is an important part of an attorney’s responsibility, and a key structure impacting access to justice and equity across the state. But it can also be a pain to put into practice—from trying to carve away time from your other responsibilities
to dealing with questions or types of law that you don’t typically practice.
We sat down with attorneys and ‘pro bono doers’ across the state to learn their secrets, get an inside look at their experiences, and see what it takes to make
pro bono a key part of your practice. This is what they had to say.
Our Contributors:
Their Insights:
Tell us about the pro bono work you typically do.
Pablo Svirsky (PB): Most of my pro bono work is in immigration and one-off clinic opportunities. As a non-litigator, I found early in
my career that doing litigation-based pro bono was not a great use of my time. I spent more time trying to re-learn my law school training on cases, briefs, etc., instead of doing actual pro bono work. Immigration work, and citizen applications in
particular, have been especially rewarding, given that my family went through that same process when I was a kid.
Marc Matheny (MM): I handle pro bono on a case-by-case basis. I am often referred pro bono clients by the Indianapolis Bar
Association and the Indiana Legal Aid Society. Most of these referrals are one-time consultations.
Daniel Reuter (DR): I do three kinds of pro bono service regularly and two others occasionally. I regularly assist in the biweekly telephone
clinics sponsored by River Valley Legal Aid and in the local in-person clinics River Valley sponsors here in Brown County. I also answer questions via “Free Legal Answers” with some regularity. Occasionally, I help someone who directly asks for my
help and either cannot pay for it or the service is such that I can’t figure out how to charge them. Still more occasionally, I represent a client in a case referred to me by River Valley.
Tarah Baldwin (TB): I establish law clinics. I
also volunteer at self-help clinics that assist pro se litigants.
Anonymous (AA): Generally, I field a few calls per month that I know will not result in a case I take, just to see if I can walk the caller through their predicament. The
legal system is rather opaque for anyone that has not waded in it for a while, and often a phone call can get someone in the right direction. Or at least give them some direction. I also participate in the ABA’s “Ask a Lawyer” program. Same
thing. There are often questions that can be answered in a short email or two. It does not take a big time commitment as long as you are staying in your area of knowledge. A few times a year I will take on a small matter, if they seem to really need
the help and it looks like it’s something I can help them with. I tend to avoid this, though.
Why do you do pro bono?
PS: To sleep better at night 😊
MM: I
was told by my father (my mentor-lawyer) that everyone has an obligation to occasionally perform free services for those who cannot afford a lawyer.
AA: It only helps everyone and the system when you help out where you can. The legal process
is both opaque and scary for the uninitiated. Just explaining to someone how to show up for court and what they can expect helps.
TB: It brings me joy and fulfillment, and part of my approach to legal practice is servant leadership and
a deep-rooted belief in access to justice. It may seem naïve, but I believe that you get what you give.
Tell us about your first or most memorable pro bono experience.
TB:
It was a Saturday morning law clinic on 10th and Rural Street, assisting with intake for Indiana Legal Services, where I was introduced to issues on everything from landlord/tenant to consumer protection. It was a fantastic introduction on how the
legal system can work holistically with medical practice and social work (as was interning with the public defender agency for years, where I represented the indigent as a certified legal intern).
PS: My first experience included interviewing
a client in prison, so that was certainly memorable. But my most meaningful pro bono experience was helping a client get citizenship as his wife was succumbing to a serious illness. She was so worried about what would happen to him after she passed,
and giving her that peace of mind was really powerful.
AA: My most memorable experience is easy. It was with the ABA. I’m a big ‘dog guy,’ and I helped a lady who was locked out of her house, with her dog still inside. She simply didn’t
know what to do and was frozen, unable to act. I put her in contact with the right authorities and I got an update from her the next morning with a picture of her and her dog happy and reunited. The picture is still on my bulletin board. On the other
side, I’ve had a couple tell me I was wrong, that I did not help them, and the like. You’ve got to let that go.
For most attorneys, pro bono is done outside of their expected billable hours or on top of a full day’s work. How do you make time for pro bono in addition to your other responsibilities?
AA: Frankly, it isn’t my top priority. We have intake sheets, and as I review them a few will pop out as something that can be dealt with via a phone call alone. Or staff will put on the intake sheet that “they just need someone to explain
the situation.” As for the ABA, I often work on the weekends and I will start each morning off by handling a couple questions before diving into other things. I generally don’t spend more than 15 minutes on any question—often much less.
MM: I don’t label pro bono cases as “free”—either in my books or in my head. All my clients, whether pro bono or regular, are treated the same and I keep my hours the same for pro bono and regular hourly clients.
TB: I schedule it.
PS: You just have to prioritize it. We all have a lot of things competing for our time (I say as my 2-year-old eats breakfast next to me right now), and if we don’t make something a priority, it won’t happen.
Having the right information and knowledge to take on a pro bono case can also be challenging or a fear for attorneys going in. How do you prepare for your pro bono work—whatever form or field that may be?
DR: For telephone clinics, I make sure that I have the Indianapolis Bar Association manual “Commonly Asked Questions” handy, since I may be asked about areas of law in which I have never practiced. The telephone clinics do provide a short
summary of each inquirer’s concern, and I sometimes look at what I think will be the relevant law before calling the inquirer back. It frequently turns out, however, that the actual question is something quite different.
TB: I work with
stakeholders in the community to identify current legal issues or trends facing members of that community. And then I create collaborations with non-profits, bar associations, and businesses within the local community (in legal deserts) to address
those issues.
MM: Most of my pro bono referrals are typically for a one-hour free consultation. Only rarely do I end up with pro bono clients who require hours and hours of my time and research.
What other challenges have you faced doing pro bono work? How did you address or overcome those challenges?
TB: There is never going to be enough resources or time in the day to provide representation for all those in need of it. To overcome this challenge, I work in collaboration with the Indiana State Bar Association to develop law clinics
that empower the pro se litigant.
MM: The biggest challenge to pro bono work is that potential clients have to be told, right up front, that the attorney time is free, but there are expenses still involved (depositions, court filing fees,
witness fees, document protection fees, and so forth). Many times, you cannot provide equal services to the client because they cannot afford the upfront expenses necessary to proceed with a case.
DR: The only serious challenge I warn
against is to avoid being manipulated into a situation you never intended. When I used to do in-person clinics in another county, I once allowed myself to be manipulated into representing someone in a case in which, for a number of reasons, I did
not wish to appear. Once in a great while it is important to be tough-minded and insist that no means no.
AA: It can be frustrating when someone abuses the situation. I’ve had that happen a couple times over the years—even to the extent
that one time I withdrew from the case. Or when a situation is a loser, like when someone blows a response time on the MSJ or the like. However, letting them know to stop spinning their wheels is a benefit to them, even if you know that they may have
had a defense and they just blew all the deadlines. The other thing is knowing that you cannot help everyone. Do what you can and do no more. It is not good for you, your clients, or the people around you to take on too much. You have to be able to
say no.
Any parting advice to give to someone interested in doing pro bono?
PS: Just do it. Rip the Band-Aid off, make the jump, whichever metaphor works. It’s really not
that hard or intimidating once you start, and it will only get easier. But the longer you let yourself stay intimidated, the harder it will be to get started.
AA: You cannot save everyone. You have to be able to say no. Just like the rest
of your clients, be skeptical of their story. A story is about emotion. Look past the story and figure out what is going on. One more time: You cannot save everyone. You just can’t. Accept that. Do what you can and someone else will pick
up the slack.
TB: Know your commitment level from the beginning. Know the time and resources you are willing to devote in advance and stick to that. Practice with your mind and not with your heart strings. There are a lot of opportunities
to utilize your legal education and law license. If you are looking for pro bono opportunities, contact the Indiana State Bar Association or go to IndianaLegalHelp.org to find volunteer opportunities
for legal professionals.
DR: One difference between a profession and a job is that a professional person is required by that calling to do things for which she or he is not paid. The people we assist are often frightened and bewildered.
It is not necessary to claim omniscience in order to help them. It is okay to admit areas of ignorance, to confess that you cannot provide some information that they need, and to refer them to someone or some organization that can help further. You
will have, at least, provided a start and a path for them to follow.
MM: There’s always something you can do to help.
If you're interested in doing pro bono but don't know where to start, visit Indiana Legal Help's
Pro Bono Opportunity Guide to access more resources and find pro bono opportunities
across the state.
You can also check out the Indiana Pro Bono Academy and Resource Center, a one-stop shop for Indiana attorneys, paralegals, and staff who provide or who want to provide pro bono or civil legal aid to low-income Hoosiers.
The ISBA is putting together a series of digital “roundtable” articles spotlighting our members and we’d love for you to participate. Every few weeks, we’ll share a new question designed to get to know our members a little better and compile the responses
we receive into an article. Want to participate? Submit your response by visiting inbar.org/memberspotlight and filling out the form, and you may be featured in one of our upcoming
articles. Submit a response »
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