July 2004

Pro Bono Publico Services by WSBA Members in 2003

Aiming to reduce a legal-needs gap for low-income persons

By Andrew A. Guy, Guest Columnist

Introduction

The Washington State Supreme Court's recently completed Washington State Civil Legal Needs Study contains some rather shocking statistics. It reveals that more than three-fourths of all low-income households in our state experience at least one civil legal problem per year, and that low-income people get legal help from an attorney in fewer than 15 percent of those problems.

In an effort to encourage lawyers in Washington to provide pro bono service to low-income persons, RPC 6.1, the Pro Bono Publico Service rule, was amended effective September 1, 2003. The rule now makes clear that each of us has a professional obligation to participate in pro bono activities on an ongoing basis throughout our careers. The amended rule provides as follows:

RPC 6.1. Pro Bono Publico Service. Every lawyer has a professional responsibility to assist in the provision of legal services to those unable to pay. A lawyer should aspire to render at least thirty (30) hours of pro bono publico service per year. In fulfilling this responsibility the lawyers should:

(a) 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; and

(b) provide pro bono publico service through:
(1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civil, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization's economic resources or would be otherwise inappropriate;
(2) delivery of legal services at a substantially reduced fee to persons of limited means; or
(3) participation in activities for improving the law, the legal system or the legal profession.
 
Pro bono publico service may be reported on the annual fee statement furnished to the WSBA. Lawyers rendering a minimum of fifty (50) hours of pro bono publico service shall receive a recognition award for such service from the WSBA.

Pursuant to the last sentence of the rule, a form for reporting pro bono publico services was included, for the first time, in the annual licensing packet the WSBA sent to members at the end of last year.

Recognition Awards

The WSBA and its Pro Bono and Legal Aid Committee (PBLAC) extend hearty kudos to the WSBA members who rendered 50 or more hours of pro bono publico service last year. The names of those who reported this level of service to the WSBA as part of the recent changes to RPC 6.1 are listed on pages 16-19. Their names also were provided to those who attended the June Access to Justice Conference in Yakima. Each of these individuals receives a personalized recognition certificate issued by the WSBA.

Kinds of Service Covered by the Amended Rule

The amended rule identifies particular types of public service that are included within the rule's scope. Providing free legal services for low-income individuals or for organizations in matters that are designed primarily to address the needs of indigents is covered in RPC 6.1(a). Obvious examples include representing a low-income person in a civil legal dispute or assisting a food bank in negotiating a lease for a new free-food outlet.

RPC 6.1(b) identifies the other kinds of public-service activities that qualify for recognition. The services covered by RPC 6.1(b)(1) and (2) are pretty clear. RPC 6.1(b)(2)'s reference to delivery of legal services at a substantially reduced fee is to be compared with the totally free services covered by RPC 6.1(a). RPC 6.1(b)(3) obviously includes volunteer work on Bar committees and, based on the ABA comments to the model rule from which RPC 6.1 was derived, also includes volunteer service as a mediator, arbitrator, or continuing legal education program instructor; taking part in Law Week activities; and uncompensated legislative lobbying to improve the law. Thus, many ways to render public service are recognized by the amended rule.

Opportunity to Ascertain Levels of Service

Historically, information regarding the public-service contributions by lawyers in Washington has been limited to statistics maintained by legal-aid programs1 regarding services rendered by lawyers who have volunteered to participate in their programs. While many law firms also keep statistics on pro bono services, these statistics have never been compiled on a statewide basis, and the definition of activities that qualify as pro bono publico vary from firm to firm. Thus, RPC 6.1's voluntary-reporting provision presents a wonderful opportunity to ascertain the amount and types of public service WSBA members are performing — at least by those willing to report the information.

Methodology

The reporting form included in the most recent WSBA licensing packet asked lawyers to specify the number of hours and the types of pro bono publico services they provided in 2003. The form first asked for members to identify the number of hours of free legal services they provided to persons of limited means and/or to organizations that address the needs of persons of limited means — the services covered by RPC 6.1(a). It then asked lawyers to identify separately the number of hours of other kinds of pro bono publico services they rendered, as defined by RPC 6.1(b). A space was provided to allow the responding members to describe the services rendered. To assuage any Orwellian concerns, the form noted that completion of the report was voluntary; that the description of services provided was optional; and that the WSBA is tracking aggregate hours of all members, not those of individuals.

The form provided a place for reporting lawyers to identify themselves if they wished, but stated that inserting the respondent's name was optional. Thus, those choosing to report could remain anonymous if they wished. This is consistent with the voluntary nature of the reporting and the absence of any intention to track individual hours. When the RPC 6.1 reporting form was returned to the WSBA among the other licensing forms, the RPC 6.1 reporting form was separated from the remainder of each lawyer's packet to preserve the anonymity of those who chose not to include their names on the form.

2003 Voluntary Reporting Results

Click here for a summary of  the results (note that the numbers are not cumulative, so the percentages don't total 100 percent).

Of the 1,242 members who reported rendering 50 or more hours, 177 either did not disclose their name or asked not to be recognized by name. Accordingly, 1,065 members are being recognized by name for the pro bono publico services they rendered in 2003.

These, of course, are minimum numbers, based only on the services rendered by those lawyers who chose to complete the form.

Comments from respondents on the completed forms indicate that lawyers are providing free legal services to a wide variety of clients, both individuals and organizations, in myriad causes. The clients include nonprofit organizations such as local chapters of the American Red Cross and Habitat for Humanity, private citizens who call for help through the Northwest Justice Project's CLEAR (Coordinated Legal Education, Advice, and Referral) service, low-income persons needing help obtaining Social Security and veterans' benefits, clients at neighborhood legal clinics, and persons with AIDS. The primary areas of law reported included domestic violence, bankruptcy, employment law, landlord-tenant disputes, and immigration.

An unexpected piece of information that surfaced was how far the members' pro bono publico services extend geographically. Comments on the form indicate that, in addition to Washington, services were performed or benefited people or organizations in California; Oregon; Minnesota; Washington, D.C.; Uganda; and Albania.

Keeping Track of Services Rendered Throughout the Year

Many lawyers, law firms, corporate legal departments, and governmental agencies and other organizations, both public and private, employing WSBA members have historically maintained some form of statistics on the numbers and types of pro bono publico services rendered. However, many have not, and those that have tracked such statistics may not have distinguished between services of the types described in RPC 6.1(a) and (b).

There are several reasons for lawyers and/or the organizations where they practice to start tracking pro bono publico hours and distinguishing between those services described in RPC 6.1(a) and 6.1(b), and then to report the hours to the WSBA. First, it is fitting that we recognize those members who are contributing so much to the public and the profession. Second, having more comprehensive data regarding the level of contributions our members make on an annual basis to the public and the profession should help project a positive image of Washington lawyers to the public. Third, broader statistics will assist the WSBA, the Access to Justice Board, and other organizations in understanding the true aggregate level of participation in pro bono publico activities by WSBA members so as to have a more reliable basis for future planning for service delivery to low-income people in our state.

A Call to Action

Accordingly, I respectfully ask each of us, as members of this Bar Association, to do three things:

First, I ask that we record the time we spend rendering pro bono publico services. Don't ignore the time or fail to keep track of it simply because it is nonbillable.

Second, I ask that we each devise (or prompt our firms or employers to devise) time-reporting categories that will enable us to keep track of those services reportable under RPC 6.1(a) and RPC 6.1(b) separately. If we do so, it will be relatively easy to report on next year's form the two types of services we have provided, as the numbers will be readily available.

Third, and most important, I ask each of us to use the amendment of RPC 6.1 as an opportunity to reassess what we are doing in the way of "service for the public good," and to ensure that we are meeting our professional ethical responsibility to provide such service. Given this remarkable unmet need, the nature and variety of worthwhile legal services programs, the number of meritorious causes, and the breadth of other public-service opportunities included within the scope of the amended rule, there is little or no excuse for each of us not to meet or substantially exceed the 30-hour annual aspirational goal. Let's do it!

_____________________________

Andrew A. Guy is a partner in the Seattle office of Stoel Rives LLP, where he practices commercial litigation with an emphasis on resolving real estate, lending, and business disputes, and representing creditors in bankruptcy matters. He is a member of the firm's Trial Practice Group and Business Finance & Financial Insolvency Group.

NOTES

1 These statistics indicate that volunteer attorneys contribute approximately 50,000 hours of pro bono service each year to low-income people through 24 local volunteer-attorney programs in Washington. It is estimated that lawyers provide a substantial number of additional hours of assistance (in the 25,000 hour range) directly to low-income people in Washington through other volunteer-attorney programs or organizations.

2 Hours reported under RPC 6.1(a) include legal services to low-income people as well as legal services to organizations in matters that address the needs of low-income people. However, the statistics for attorneys who volunteer through the 24 local volunteer-attorney programs in Washington referenced in note 1 above are limited to legal assistance provided to low-income people.

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