November 2003

Meeting RPC 6.1's New Goals for Providing Pro Bono Services to Low-Income Persons

by Andrew A. Guy

Introduction

As reported in last month's Bar News, on September 1 of this year, Washington's Pro Bono Publico service ethics rule, RPC 6.1, was amended. Last month's article described the changes in some detail. That information won't be repeated here; however, to place this article in context, it is important to note the following:

• The clear focus of the amended rule is to encourage lawyers to provide free legal services to indigent clients who otherwise would not have access to a lawyer. Although certain other forms of public-service work are within the scope of the amended rule, its emphasis is established in its first sentence: "Every lawyer has a professional responsibility to assist in the provision of legal services to those unable to pay."

• One of the key elements of the amended rule is the creation of an aspirational goal for each WSBA member to perform at least 30 hours of pro bono service per year. Lawyers who perform 50 hours or more in any calendar year, and report that fact on their WSBA licensing-fee statement for that year, will receive a recognition award from the WSBA.

This article is intended to assist lawyers in all areas of practice in overcoming perceived obstacles to meeting or exceeding the annual 30-hour goal. The primary focus here is on satisfying subsection (a) of the amended rule, which provides that each lawyer should "provide legal services without fee or expectation of fee to: (1) persons of limited means or (2) charitable, religious, civil, community, governmental and educational organizations in matters which are designed primarily to address the needs of persons of limited means."1 The article addresses the following questions:

• Do lawyers have to establish systems to review prospective clients' finances to ensure that the clients are poor enough to qualify for free legal help?

• How can government attorneys and in-house corporate lawyers, who typically don't carry malpractice insurance, perform pro bono services to clients without exposing themselves to liability?

• What kind of pro bono work can business lawyers and other nonlitigators perform, without having to re-tool their skills to go into court or administrative hearings?

• How can lawyers limit or manage the amount of time that providing pro bono services will take?

• How does a lawyer get involved in performing pro bono work for the first time, or increase his or her level of pro bono work?

Pertinent Information on the Legal Services System in Washington

In answering some of these questions, it helps to know that the legal services system for the poor in Washington comprises a variety of state programs that provide services through staff attorneys and paralegals or through volunteer attorneys, or a combination of staff and volunteers.
 
The primary system outside King County is the Northwest Justice Project's CLEAR program (an acronym for Coordinated Legal Education, Advice, and Referral), which prospective clients can reach by calling 888-201-1014. In King County, prospective pro bono clients may start by going to a King County Bar Association (KCBA) Neighborhood Legal Clinic or by making calls directly to various programs that are designed to provide them with legal services or pro bono lawyer referrals.
 
At the end of this article is a list of organizations in Washington that exist primarily to provide legal services to low-income people.2 These organizations have been designated Qualified Legal Services Providers (QLSPs) by the WSBA, for purposes of awarding CLE credits under MCLE Regulation 103(g). This regulation allows CLE credits to be earned for participating in training courses offered by a QLSP and then handling a pro bono matter referred by that QLSP, or for mentoring someone who handles such a matter, and for purposes of attorneys performing pro bono work as emeritus bar members under APR 8(e) or under the special limited in-house counsel practice rule, APR 8(f).
 
The QLSPs are always in need of volunteer attorneys to provide legal assistance to persons of limited means. As reflected in the QLSP list that follows, a wide variety of pro bono service opportunities exists, involving many different issues and diverse areas of the law, from family law to immigration rights, women's rights, and children's issues, to name a few. Those QLSPs with staff attorneys can sometimes provide mentoring guidance, legal materials, and training to attorneys who accept referrals from them and are not already familiar with the area of law involved in the representation.

Resolving the Screening Issue
 
Lawyers don't have to worry about screening clients for financial eligibility if they work in conjunction with a QLSP that has screened the client prior to referral. Most of the programs do this, but not all—you have to ask. (Both CLEAR and the KCBA do such screening.)
 
Resolving the Malpractice-Insurance Issue

Lawyers should not assume that because they do not have malpractice policies there is no way to be protected for their work on pro bono matters. Certain QLSPs carry malpractice insurance that covers the activities of lawyers who accept pro bono case referrals from their programs. For example, all volunteers who handle matters directly referred by the Northwest Justice Project are covered under that project's malpractice-insurance policy for their work on the referred matters. The policy has no deductible and a $3 million policy limit per claim. The KCBA has a similar policy in place, with a $1 million/$2 million policy limit and no deductible cost to the volunteer for attorneys handling cases referred through its programs. This will not be an issue for lawyers working in firms, but those in government or in-house law departments will likely want to handle matters referred by an organization that offers such coverage.3 

Pro Bono Matters for Business Lawyers

Many of the pro bono referrals involving direct representation of indigents entail dispute resolution of one sort or another, and often require litigation skills, since some form of representation in court or in an administrative hearing is often the ultimate means of resolving the client's problem. Business lawyers often hesitate to take on litigation matters for a variety of reasons, including a concern about handling matters outside their areas of expertise. However, it is believed that many business lawyers would be inclined to perform pro bono work if it related to their knowledge and skills.
 
Recognizing that charitable and community-based organizations serving persons of limited means face organizational and business-related legal issues similar to those of commercial enterprises, a new, statewide organization is being formed, dubbed Washington Attorneys Assisting Community Organizations (WAACO). WAACO's mission is to "promote community development and organizational capacity-building in Washington state by providing free legal assistance to eligible nonprofits on business-related legal matters." WAACO will refer charitable and community-based nonprofit organizations, including those that serve indigents, to volunteer business attorneys who can help with legal issues such as corporate formation and governance, business transactions, taxation, and employment law. Through WAACO, business lawyers indirectly will assist the poor by helping to stabilize the operations and increase the capacities of some of the organizations that serve them.4 

Addressing Time-Commitment Concerns

Many lawyers have expressed a willingness to perform pro bono services on a limited basis, but are concerned about accepting a case that ends up taking hundreds of hours. The question becomes: How can a lawyer do a controlled amount of pro bono work? There are at least four answers: (1) select the pro bono matter carefully at the outset; (2) divide the work with other pro bono volunteers, either within the same firm or law department or as co-counsel with one or more volunteers from another firm or law department; (3) limit the amount of work you commit to do to a particular task within a larger matter; and (4) participate in a program that has a limited, predictable time commitment.
 
The first two of the foregoing approaches are self-explanatory. The concept in (3) is called "unbundling" of legal services. Recent changes to the Superior Court Civil Rules allow for unbundling by permitting limited appearances for particular parts of a case. See Civil Rules 4.2 and 70.1(b). See also RPC 4.2, 4.3, and 6.5. Civil Rule 11(b) also makes clear that lawyers may ghostwrite pleadings and motions for pro se parties. These rule changes make clear that lawyers do not have to undertake representation for the entire case. They were designed, at least in part, to help pro bono clients find representation for specific portions of their cases. (Examples include handling a particular motion in civil litigation, and obtaining an interim parenting plan in a marital-dissolution case.)
 
With respect to (4), many programs need volunteer attorneys to participate in limited, predictable timeslots. These include answering calls on the CLEAR line for a scheduled two-hour period once or twice a month, or serving at various neighborhood legal clinics (usually a couple of hours an evening, once a month) hosted by local bar associations and, in the Seattle area, by the Seattle University School of Law's Access to Justice Institute.
 
Some particular programs have limited time commitments, such as the Housing Justice Projects in King, Pierce, Snohomish, and Spokane Counties, in which volunteer attorneys appear at court at prescheduled timeslots of about three hours once a month to assist indigent tenants at unlawful-detainer show-cause hearings. Another example is the Corporate Counsel Partnership for Justice "Long-Distance Telephone Client Counseling Program," in which in-house corporate counsel and government lawyers accept referrals from CLEAR for limited services to indigent clients in rural areas of the state.

How to Get Involved

There are many more avenues to finding meaningful and worthwhile pro bono work than can be listed here. However, here is a starting point for those interested in increasing their pro bono services:

• Any attorney who wishes to assist pro bono clients outside King County through any of the listed QLSPs may contact Sharlene Steele, the WSBA's Access to Justice Programs liaison, by phone (206-727-8262) or e-mail (sharlene@wsba.org). Also, please let Sharlene know if you believe other QLSPs should be added to the list.

• In King County, volunteers may contact any of the organizations on the QLSP list at the end of this article.

• Experienced family-law attorneys located anywhere in the state can now volunteer to handle incoming calls on the CLEAR line. CLEAR provides training and materials, and new technology will enable volunteer lawyers to take calls from their offices, thus avoiding travel time to the CLEAR office. To sign up, contact Carol Frederick at the Northwest Justice Center by phone (206-464-1519, ext. 287) or e-mail (carolf@nwjustice.org). The Northwest Justice Project has other volunteer opportunities available in its Cross-Cultural Family Law Clinic (in Seattle), the Native American Pro Bono Panel, and special projects in its branch offices and farmworker unit. Contact Carol for details.

• Law-firm pro bono coordinators in several counties currently receive weekly e-mail referrals that are made by QLSPs and other community organizations (such as Washington Protection and Advocacy System and the Court Appointed Special Advocate Program) through an e-mail list-serve organized by the Seattle Area Pro Bono Coordinators group. The pro bono coordinators are responsible for passing on appropriate referrals to the lawyers in their respective firms. Any solo practitioner, law firm, in-house corporate legal department, or government agency employing lawyers that is interested in receiving such referrals may contact Julie Orr at Davis Wright Tremaine by phone (206-628-7157) or e-mail (julieorr@dwt.com). (Organizations interested in posting referrals on the e-mail referral listserve may also contact Julie.)

• Business lawyers wishing to provide business-related legal services through WAACO to charitable and community-based organizations, including those serving the poor, can contact Katie Ludwig at Perkins Coie by phone (206-359-3789) or e-mail (kludwig@perkinscoie.com).

• Lawyers desiring to sign up for community legal clinics sponsored by the Seattle University School of Law's Access to Justice Institute can contact Huong Lam by phone (206-398-4173) or e-mail (lamh@seattleu.edu).

• In-house corporate counsel or government lawyers interested in participating in the Long-Distance Telephone Client Counseling Project may contact Carol Frederick at the Northwest Justice Center by phone (206-464-1519, ext. 287) or e-mail (carolf@nwjustice.org).

Qualified Legal-Service Providers
(as of August 11, 2003)

Volunteer Attorney Legal Services

Benton County
Benton-Franklin Legal Aid Society
Kennewick

Chelan County
Chelan-Douglas Volunteer Attorney Services
Wenatchee

Clallam County
Clallam County Pro Bono Lawyers
Port Angeles

Clark County
Clark County Volunteer Lawyers Program
Vancouver, WA

Cowlitz County
Cowlitz Wahkiakum Legal Aid
Longview

Grant County
North Columbia Low-Income Legal Assistance Program
Moses Lake

Island County
Island County Volunteer Attorney Program
Oak Harbor

King County

King County Bar Association Community Legal Services Programs
900 4th Ave., Ste. 600
Seattle, WA 98164-1086
206-624-9365
valc@kcba.org

Eastside Legal Assistance Program
P.O. Box 7165
Bellevue, WA 98008-1165
425-747-7274; 425-747-7504 (fax)
pam@elap.com

Kitsap County
Kitsap Legal Services
Bremerton

Kittitas County
Kittitas County Volunteer Attorney Legal Services
Ellensburg

Lewis County
Lewis County Bar Legal Aid
Chehalis

Pierce County
Tacoma-Pierce County Bar Association Volunteer Legal Services Program
Tacoma

Skagit County
Skagit County Volunteer Lawyer Program
Mount Vernon

Snohomish County
Snohomish County Legal Services
Everett

Spokane County
Spokane County Bar Association Volunteer Lawyers Program
Spokane

Stevens County
Northeast Washington Legal Aid Program
Colville

Thurston County
Thurston/Mason County Pro Bono Program
Columbia Legal Services
Thurston/Mason County Volunteer Legal Clinic
Olympia

Walla Walla County
Blue Mountain Volunteer Attorney Referral Program
Blue Mountain Action Council
Walla Walla

Whatcom County
LAW Advocates
Bellingham

Whitman County
Whitman County Legal Services
Pullman

Yakima County
Yakima County Volunteer Attorney Service
Yakima

Specialized Legal Services

Fremont Public Association
Contact: Tony Lee
1501 N. 45th St.
P.O. Box 31151
Seattle, WA 98103-1151
206-694-6700; 206-694-6737 (fax)
tonyl@fremontpublic.org

Northwest Justice Project
CLEAR (Volunteer attorneys only)
Contact: Carol Frederick
401 Second Ave. S., #407
Seattle, WA 98104-3811
206-464-1519; 206-624-7501 (fax)
carolf@nwjustice.org

Columbia Legal Services
(Volunteer attorneys only)
Contact: Aurora Martin
101 Yesler Way, Ste. 600
Seattle, WA 98104-2552
206-464-1122; 206-626-5366 (fax)
aurora.martin@columbialegal.org

King County Legal Action Center
Contact: Mark Chattin
100 23rd Ave. S.
Seattle, WA 98144-2302
206-328-5943; 206-324-4835 (fax)
markrc@ccsww.org

Northwest Immigrant Rights Project
Contact: Sharon Lucas
909 8th Ave.
Seattle, WA 98104-1225
206-587-4009; 206-587-4025 (fax)
sharon@nwirp.org
(Also office in Granger)

Northwest Women's Law Center
Contact: Lisa Stone
3161 Elliott Ave., Ste. 101
Seattle, WA 98121-1016
206-682-9552; 206-682-9556 (fax)
lstone@nwwlc.org

Seattle Community Law Center
Contact: M. Tha Win
1820 E. Pine St., Ste. 200
Seattle, WA 98122-7501
206-686-7252; 206-903-0675 (fax)

Unemployment Law Project
Contact: Lynn Greiner
1904 3rd Ave., Ste. 604
Seattle, WA 98101-1160
206-441-9178; 206-727-4819 (fax)
ulp@igc.org

TeamChild
1120 E. Terrace St., Ste. 203
Seattle, WA 98122-7405
206-322-2444; 206-381-1742 (fax)
anne.lee@teamchild.org
(Also offices in Tacoma, Spokane, and Yakima)

University Legal Assistance
Family Law Domestic Violence Clinic
Spokane

Andrew Guy practices with Stoel Rives in Seattle and chairs the WSBA's Pro Bono and Legal Aid Committee.

NOTES
1. Other means of satisfying the 30-hour goal are referenced in subpart (b) of the amended rule. These include providing free or substantially reduced-fee legal services to individuals, groups, or organizations seeking to secure or protect civil rights, civil liberties, or public rights; or to charitable, religious, civil, community, governmental, and educational organizations in furtherance of their organizational purposes where the payment of standard legal fees would significantly deplete the organization's economic resources or would otherwise be inappropriate; and participating in activities for improving the law, the legal system, or the legal profession.
2. Because all client referrals to the QLSPs located outside King County are supposed to go through CLEAR, the QLSPs in those counties do not accept direct calls from prospective clients, or walk-ins. Accordingly, the WSBA has been asked not to publish the addresses and other contact information for those QLSPs. Contact information for the King County QLSPs is included in the appended list.
3. In-house corporate counsel who are bar members in another jurisdiction, and whose practice in Washington is limited by Admission to Practice Rule 8(f) to representation of their employers, may participate in pro bono programs referred through QLSPs, pursuant to an amendment to that rule that became effective last year.
4. This type of service actually fits within section (b) of amended RPC 6.1.

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