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.