WSBA Legal Aid Committee Volunteer Attorney Legal Services Action Plan

INTRODUCTION

In May, 1992, the Washington State Bar Association resolved that each member should contribute "public interest legal service" to low income persons or to matters designed primarily to address the needs of the low income individual in the state. The WSBA Legal Aid Committee was charged with developing an action plan for the implementation of this resolution.

To begin the development of this plan, the Committee, with the cooperation of Chief Justice Andersen, hosted the Volunteer Attorney Legal Services (VALS) Action Plan Conference in April 15,1994 in Seattle. The conference was attended by representatives of the judiciary, law firms, law schools, bar leaders, volunteer legal service providers, members of legal services funding sources and WSBA officers and staff.

The result is now presented to the WSBA Board of Governors for its approval and implementation. This plan has developed strategies for every facet of the legal community to remove barriers which make it difficult for attorneys to provide volunteer legal services and to encourage attorneys to provide these services.

It is the hope of all those participating in the conference that the resulting plan will have a significant impact on the citizens of Washington state and their ability to achieve access to justice.

I. RECRUITMENT

Encouraging the individual attorney to choose to volunteer is essential to a more widespread commitment in Washington to VALS. The following strategies are intended to overcome some obstacles to that choice, such as availability of malpractice insurance or the fact that an individual attorney's specialty may not be relevant to local needs. More importantly, however, they include a set of institutional incentives to encourage individuals to decide to perform volunteer legal work. Some institutions (such as the judiciary) are asked to use their prestige to educate and recruit volunteer attorneys; other are asked to incorporate incentives into their structure that encourage their employees or members to perform VALS work.

JUDICIARY

A. Letter from the local bench prepared for all attorneys in the county which mentions oath and code of ethics section that attorneys should render VALS.

B. Develop better coordination between judges and VALS coordinators to identify attorneys willing to do VALS.

2. VALS coordinators share the lists that they have developed of VALS in their respective service areas with the bench.

Investigate small counties to determine whether the need exists for a list.

Encourage judges to assist local coordinator to recruit volunteer attorneys.

C. Judges should encourage VALS coordinator/board members to attend all

swearing-in ceremonies for the new lawyers.

PRIVATE LAW FIRMS

A. Within each law firm, the firm should develop and publicize policies,strategies, and commentaries on law firm's mechanisms for encouraging attorneys in firm to do VALS.

WSBA

A. WSBA should adopt and market a volunteer attorney legal services challenge program for all law firms comparable to the ABA Law Firm Pro Bono Challenge.

1. Develop law firm volunteer attorney legal services challenge for Washington.
2. Market volunteer attorney legal services challenge.

3. As soon as a law firm accepts challenge, WSBA should contact the VALS coordinators in the areas where law firm practices about acceptance.
4. WSBA should gather data on success of program annually and publicize the firms that implement the challenge.

B. WSBA should collect representative VALS policies and manuals used by private firms; develop model law firm VALS policies and distribute these models.

C. As a part of the new ethics MCLE requirement of six hrs. of ethics continuing education every three years. CLEs should include a.) discussion of an attorney's professional responsibility to provide VALS work; b.) all appropriate CLEs should provide information on how to fulfill your professional VALS responsibility in that field of law.

D. Assist local VALS coordinators with recruitment.

1. Tear-out pages in the Bar News that both recruit and provide lists of supportive resources.

2. Develop similar recruitment inserts to be published in local and specialty bar newsletters and the Washington Journal.

LOCAL BAR ASSOC IATIONS

A. CLEs by local bar associations (accredited by MCLE Board) could provide

free CLE credits to attorneys in exchange for a certain number of hours of

VALS.

B. Monitor local participation in VALS and assist local VALS coordinators in

recruitment.

LAW SCHOOLS

A. Education about the professional responsibility and need for VALS in the

law schools.

1. Invite WSBA members to speak at orientation of law students, ethics and in relevant classes about VALS responsibility.

2. Each law school should develop a program where law students are encouraged to participate in VALS, including assistance to attorneys on VALS cases.

VALS COORDINATORS

A. Prepare booklet with local focus; names and phone numbers for program; what VALS program does and how to get involved.

II. SUPPORT TO VALS

Once individuals have chosen to perform VALS work, making certain informational, institutional, and financia1 resources easily available will support the effective delivery of legal services. Just as important, it will facilitate a continued commitment to volunteer work. Some attorneys face particular barriers, such as those in government and in-house counsel positions, whose employers may be less willing or able to provide the nonlegal support necessary or helpful to effective volunteer representative. Others may face major informational obstacles, such as a lack of knowledge or experience in the subject areas in which volunteer legal work is needed. The following strategies are designed to overcome these types of obstacles and provide continuing support to individuals performing VALS.

JUDICIARY

WSBA

Minimize disincentives associated with delays on court calendars while handling a VALS case. Local benches implement mechanisms to facilitate prompt hearings for VALS cases which do not single out low income people by identifying their status nor unduly disadvantage those clients that pay attorneys for services.

1. Superior Court Judges Association investigate the mechanisms used in other states to accomplish this goal and consult with representatives of the affected parties about these mechanisms.

2. Then the Association will develop a variety of effective mechanisms which the local benches can chose from to effectuate this goal.

A. Address the barrier that lack of malpractice coverage creates for many VALs attorneys, including reared, academic, in-house, and government lawyers. Possible source of such insurance would be NLADA which already writes such coverage for VALS programs in Snohomish and Pierce counties.

B. Develop a model for a complete family law resource center to be located in each county.

1. Model would include a triage for clients as they contact the resource center.

2. Center would coordinate with the local legal services program, VALS coordinator and mediation services to identify services for each client. Develop a central resource clearinghouse to support attorneys who provide VALS which will provide information on VALS opportunities and supportive resources.

3. Compile list of a) local VALS programs b) local legal services programs c) current information on education and training programs available on VALS topics d) where and how mentors are available e) house a forms bank and f) maintain lists of ancillary services such as interpreters.

4. Create a VALS Deskbook with text and forms to go with high volume legal service type cases.

D. Continue and enhance the annual conference for VALS

E. The Board of Governors suggest that the MCLE Board consider whether to establish guidelines by which someone acting as a mentor could receive CLE credit (e.g. one CLE credit for every 2 hours of mentoring/learning, as reported by mentor, with a five-hour cap per year) and adopt such guidelines if feasible.

LOCAL VAIS PROGRAMS

A. Develop a mentoring program to support VALS attorneys in areas of practice which are new to them.

1. Local VALS programs, both coordinators and board members, identify mentors by topics of expertise.

2. Have a mentor list with names and phone numbers to give new/solo attorneys. Build from above to mentor programs to include advanced training form banks and ongoing technical assistance.

B. Develop CLEs to train attorneys in new areas of law to encourage assistance in poverty law or specialty areas where there are not enough lawyers to aid the clients.

Locate supportive services to allow more attorneys to do VALS.

1. VALS coordinators and board members identify retired judges and offer to provide to them paralegal typing resources to represent clients.

2. Identify and maintain lists of lay people who are willing to provide free services to facilitate VALS work, i.e. translators, legal secretaries, court reporters, expert witnesses, and professionals to perform needed evaluations.

GOVERNMENT, IN-HOUSE AND ACADEMIC LAWYERS

A. Make time and support services available to government attorneys to provide volunteer legal services.

1. Ask government authorities to adopt policies on volunteerism by government employees, including their attorney employees.

2. Liberalize leave time policies for government attorneys who wish to participate.

3. Establish a private fund to purchase support such as secretarial services for VALS government attorneys.

B. Create partnership between government, in-house and academic lawyers and private law firms to provide staff and skills support.

1. Private firms and corporate attorneys could provide conference room, computer use, and clerical support for government and academic attorneys who cannot use their office resources.

2. Private attorneys can co-counsel with government, academic, and in-house counsel to help avoid malpractice and conflicts and identify areas of practice for VALS. Encourage corporations to consider VALS by their in-house staff to be part of the charitable contributions of the corporations.

3. Encourage corporations to accept VALS Law Firm Challenge and to ask their outside counsel to do the same.

EFFECTIVE DELIVERY OF LEGAL SERVICES

An important VALS goal is to ensure that populations in need of legal services are served as effectively and efficiently as possible by volunteer attorneys. Individual energies and resources should be targeted toward the neediest groups. In order to maximize sharing of information about legal needs, avoid duplication of efforts, and make sure legal problems are addressed effectively, a wide variety of institutions involved in legal services - including VALS attorneys, paid legal services providers, the courts, and other dispute resolution centers - should regularly coordinate and pool information resources. The following strategies also focus on delivery to especial populations," including individuals such as those in prisons and mental institutions, the homeless, the elderly, and those facing language barriers. Individuals in these groups may have only a limited awareness of their legal rights and resources. Moreover, their issues may often be better addressed by community resources such as counseling. Effective delivery of volunteer legal services may thus require special training of attorneys and may involve individuals other than attorneys to educate and assist these groups.

JUDICIARY

WSBA

Consider feasibility of a limited practice license for non-WSBA attorneys to provide VALS and, if feasible, then expand Rule 9 to include non-WSBA member attorneys in government, in-house, and academic positions.

A. Establish an effective link between volunteer attorney efforts and high priority legal needs.

1. Identify and publicize firms that accept the VALS challenge.

2. WSBA develop staff capacity to make referrals for both potential clients and volunteer attorneys to local VALs coordinators.

B. Identify and create opportunities to volunteer for government attorneys, lawyers that do not currently practice in an area relevant to local needs and enable non-WSBA attorneys to participate in:

1. Advice clinics
2. Mediation programs

3. Self-help clinics
4. Representation in administrative tribunals
5. Other non-litigation services

Approach ADR Section of the Bar to work in conjunction with WSBA to establish voluntary mediation panel for lawyers to serve as volunteers for low income clients on local basis and train these lawyers on mediation.

D. Develop a resources pool of experts and materials on special populations.

1. WSBA influence local bars to establish interested lawyer groups committed to special population issues.

2. WSBA establish on a computer network the resources state-wide that have been identified on a local level as resources available to assist in serving special populations.

3. Identify and provide needed training for VALS to provide services to an identified special population. Include written training materials in central resource

4. clearinghouse described above in II. Support to VALS.

5. WSBA should tailor any of its pamphlets on legal rights to include the unique interests and concerns of the state's special populations.

LOCAL BAR ASSOCIATIONS

A. Identify and provide needed training for VALS to provide services to an identified special population. Also, identify and make available written materials on representing and being sensitive to the attitudes and culture of these special populations with the assistance of WSBA.

B. Local bar associations develop a community inventory of services that can support VALS needs, e.g.: YMCA, community colleges, interpreters, law schools, AIDS society, homeless shelters. Then coordinate these lists with those maintained by the local VALS coordinators.

PRIVATE LAW FIRMS

A. Law firms adopt a "clinic" that represents special population groups then serve as mentors to other lawyers on specific topics of concern to this population.

LOCAL VALS PROGRAMS

A. Regularly address local bar associations on volunteer opportunities in priority areas.

B. Coordinate efforts in making presentations to firms and to develop a plan for implementation of a firm's VALS commitment.

C. Develop a community inventory of services that can support VALS needs and coordinate this inventory with the local bar's inventory of these services. Develop computer system to keep this information current.

IV. RECOGNITION

As essential as recruitment, recognition represents further encouragement to the individual that chooses to perform VALS work. It also publicizes VALS and will encourage new recruits. The following strategies represent ways in which different institutions can recognize individuals that have donated; their time and effort to performing volunteer legal services.

JUDICIARY

A. Ceremonies/events that involve judges with input from VALS coordinators.

B. All judicial associations develop mechanisms to give recognition to VALS.

A. Each law firm develop appropriate mechanisms to recognize their attorneys' provision of VALS, such as an annual Honor Roll, recognition luncheon and/or other perks.

WSBA

A. Establish an annual Access To Justice Conference to recognize and support

VALS.

B. Monthly WSBA Bar News column:

1. Snapshots-county by county recognition.

2. How to - very basic, practice tips.

3. Remind attorneys of professional responsibility and need for VALS.

Local Bar Associations

A. Work with local VALS coordinators to develop creative and meaningful ways to recognize the VALS contributions of local attorneys.

V. FUNDING

The success of current VALS programs and the ability of those programs to expand is directly linked to adequate funding for staff, office expenses, materials and other program costs. WSBA, local bar associations, legal service providers, VALS programs, the Legal Foundation of Washington and other parties concerned about VALS programs must work to assure current levels of funding and to develop additional funding to offset inflation and provide for expansion of VALS programs to serve unmet needs.

Volunteer Attorney Legal Services Action Plan Conference Participants List

Federal Bench:

Supreme Court:

Superior Court Judges' Association

District & Municipal Court Judges Association

Legal Foundation

Hon. William L Dwyer
308 U.S. Courthouse
1010 Fifth Ave.
Seattle, WA 98104

Chief Justice James A. Andersen
Temple of Justice
P.O. Box 40929
Olympia, WA 985040929

Patrick Brown, Law Clerk
Temple of Justice
P.O. Box 40929
Olympia, WA 985040929

Hon. Donald D. Haley, President
King County Superior Court
C-903 King County Courthouse
516 Third Ave.
Seattle, WA 981042381

Hon. Wallis Friel
Whitman County Superior Court
N 404 Main Street
P.O. Box 679
Colfax, WA 99111-0679

Hon. Thomas C. Warren, President
Chelan County District Court
4th Level, County Courthouse
P.O. Box 2182
Wenatchee, WA 98807

Hon. T.W. Small, Jr., President
P.O. Box 880
Wenatchee, WA 98801

Barbara Clark, Director
945 Logan Building
500 Union Street
Seattle, WA 98101-2332

LAW Fund

Evergreen Legal Services

Puget Sound Legal Assistance Foundation

Spokane Legal Services Center

Pro Bono Network

Mark Hutcheson, President
Davis, Wright, Tremaine
1501 Fourth Ave. Suite 2600
Seattle, WA 98101

Joan Kleinberg
Private Attorney Involvement Coordinator
101 Yesler Way, Suite 300
Seattle, WA 98101-2552

Pat McIntyre, Deputy Director
101 Yesler Way, Suite 300
Seattle, WA 98101-2552

John Purbaugh, Director
625 Commerce St., Suite 420
Tacoma, WA 98402

James Bamberger, Director
1704 W. Broadway
Spokane, WA 99201-1818

Joan Andersen
King County Bar Association
900 Fourth Ave., Suite 600
Seattle, WA 98164~1005

Kimberly Brown, Executive Director
Clark County Volunteer Lawyers
400 W. 15th St.
Vancouver, WA 98660

Cheryl Baumann, Director
Clallam County Pro Bono
P.O. Box 1858
Port Angeles, WA 98362

Marjorie Johnson, Coordinator
Benton-Franklin Legal Aid
10 N. Washington, Suite 4
Kennewick, WA 99336

Judy Foster, Executive Director
Spokane Bar Association
W. 1116 Broadway, Rm. 404
Spokane, WA 99260-0030

Pro Bono Board Members

Washington State Bar Association

WSBA Legal Aid Committee

Local Bar Associations

Pete Dewell
Anderson Hunter
3305 Oakes Ave.
P.O. Box 5397
Everett, WA 98206

Gene Godderis
Tacoma-Pierce County Bar Association
901 S .1.
Tacoma, WA 98104

Patrick Monasmith
Stevens County Pro Bono Program
Skok Building, Box 6
Chewelah,WA 99109

Vernon Fowler
Yakima Pro Bono Program
P.O. Box 160
Seal, WA 98942

Paul L Stritmatter, President
407 8th Street
Hoquiam, WA 98550

Ronald Gould, President Elect
1201 Third Ave., 40th Floor
Seattle, WA 98101

Dennis Harwick, Executive Director
500 Westin Building
2001 Sixth Ave.
Seattle, WA 98121-2599

Kenneth Davidson, Chairman
401 Parkplace, Suite 317
P.O. Box 817
Kirkland, WA 98115

Patrick Roach, President
Ben-Franklin Bar Association
428 W. Shoshone
P.O. Box 2467
Pasco, WA 99302

William F. Ener, President
Spokane Bar Association
450 Fernwell Building
W. 505 Riverside
Spokane, WA 99201

Attorney General

WA Association of Prosecuting Attorney

WA Women Lawyers

WSBA Young Lawyers

Hispanic Bar Association

Asian Bar

George Kelley, President
Tacoma-Pierce County Bar Association
2107 N. 30th
P.O. Box 1901
Tacoma, WA 98401

Christine Gregoire, Attorney General
Office of the Attorney General
PY-13
Olympia, WA 98504-8072

Narda Pierce
Office of the Attorney General
PY-13
Olympia, WA 98504-8072

Judith Lea McCauley, President
Douglas County
P.O. Box M
Waterville, WA 98858

Kathy Cooper-Franklin, President
1001 Plaza Center
10900 NE 8th St.
Bellevue, WA 98004

Rosemary Dkiewicz, President
Northwest Woman's Law Center
119 South Main Street, Ste.330
Seattle, WA 98104

Jim Trujillo
304 U.S. Bank Plaza
P.O. Box 97024
Bellevue, WA 98009

Vicki Vaska
Karr, Tuttle & Campbell
1201 ~ 3rd Avenue, Suite 2900
Seattle, WA 98101

Law Schools

Large Law Firms

John Clute, Dean
Gonzaga Law School
East 702 Sharp
P.O. Box 3528
Spokane, WA 99258

Don Carmichael, Dean
University of Puget Sound
School of Law
950 Broadway Plaza
Tacoma, WA 98402 4470

Wally Loh, Dean
University of Washington
School of Law
1100 N.E. Campus Parkway, JB-20
Seattle, WA 98105

Deborah Maranville
University of Washington, School of Law
1100 N. E. Campus Parkway, JB-20
Seattle, WA 98105

Janet Steams
University of Washington, School of Law
1100 N.E. Campus Parkway, JB-20
Seattle, WA 98105

Meredith Sawyer
Public Services Program Coordinator
University of Washington, School of Law
11QO N.E. Campus Parkway, J~20
Seattle, WA 98105

Greg O'Leary
Heller, Ehrman White & McAuliffe
6100 Columbia Center
Seattle, WA 98104

Rich Wallis, Managing Partner
Bogle & Gates
601 Union Street
Seattle, WA 98101-2346

Konrad Liegel
Preston Thorgrimson Shidler Gates &
701 F4th Ave., Suite 5000
Seattle, WA 98104

Dewitt Williams
Williams Kastner & Gibbs
601 Union St., Suite 4100
Seattle, WA 98101

Washington Defense Trial Lawyers

WA State Trial Lawyers Association

WA Association of Criminal Defense Lawyers

Government Lawyers Bar Association

WA Association of Municipal Lawyers

Mike Hafferty, Managing Partner
Riddell Williams Bullitt & Walkinshaw
1001 Fourth Avenue, Suite 4400
Seattle, WA 98154

Gene Annis
Lukins & Annis P.S.
1600 Washington Trust Financial Ctr.
Spokane, WA 99204-0486

Mary H. Spillane, Vice President
William Kastner & Gibbs
2 Union Street, Suite 400
P.O. Box 21926
Seattle, WA 98111-3926

Judith M. Proller, President
1402 F Street
Bellingham, WA 98227-9707

Jill Bernstein, President

Whatcom County Public Defender's
311 Grand Ave.
Bellingham, WA 98225

Kristal Wiitala-Knutson, President Elect
670 Woodland Sq. Lp., SE
P.O. Box 40124
Olympia, WA 98504

Dick Andrews, President

City of Bellevue Legal Department
P.O. Box 90012
Bellevue, WA 98009-9012

Conference Staff

Facilitators:

Official Reporter:

Reporters for breakout groups

Margaret O'Donnell
2338 Yale Ave. East
Seattle, WA 98102

Paul L. Stritmatter, President
WSBA

Mary Elizabeth St. Clair
Director of Communications
WSBA

Nina Mendelson

Sandy Mostoller

Barbara Evans-Cordts

Yvette War Bonnet

Marla Elliott

Craig McDonald

Harvey Jackson