May 2005

Fear and Loathing in the Courthouse

by Leslie Savina

Out of respect for Hunter S. Thompson I just want to call it like it is, lay it all out right here, right up front. Then you can skip this and go on to read something really interesting. Because this is about a four-letter word. And I don't mean pro bono publico. I mean the "F" word: Free. As in "free legal services."

Whether Hunter S. Thompson wrote fact or fiction, I'm never quite sure — just as I'm never quite sure if free legal services are just a pipe dream. We all talk about providing civil legal services to the poor and vulnerable like it's important, like it's something we value. Heck, even those gonzo guys and gals we elect to represent us on the WSBA BOG think it's important. At least I think they think it is important because they passed RPC 6.1 which encourages every attorney to give 30 hours of pro bono publico service each year specifically to assist persons of limited means. Being on the board of the ballet is all good and fine but you know, and I know, and Hunter S. Thompson knows, that is not what this rule is all about. It's really about 30 hours of free legal services to those who cannot afford a lawyer.

And they are legion. What percentage of family law cases has at least one party appearing pro se? A lot. How do they do it? How do they navigate the intricacies of the mandatory forms, the personalities of the courthouse, the idiosyncracies of the local rules on their own? With fear and trepidation or, perhaps, not at all.

I don't know about you, but I never think it is a particularly good day when I have to go to the courthouse. Sure, I sometimes run into friends, perhaps help a client, and I can always get a good cuppa coffee at that nice little espresso stand at the RJC but, in my heart of hearts, I know fear and loathing. I am nervous, anxious. Did I confirm my motion on time? Did I copy the attachments to my client's declaration? Did I bring proposed orders? Did I leave a three-inch margin at the top? Was I or wasn't I supposed to underline the important parts of the FCS report for the judge? Am I over the page limits? Do I have proof of service in my file? What if opposing counsel is smarter-cuter-more facile than I am? Oh jeez. I'm on stress overload.

Lucky for me, there are lots of worries I can cross right off my list. I don't have to worry whether the forms will be printed in Hindi, Thai, or Senegalese. I don't have to worry whether the bus comes near the courthouse or if I will have to push my wheelchair uphill from the bus stop. I don't have to worry if the sheriff at the door will ask my immigration status. I don't have to worry about losing my job at the nursing home because I took time off to come to court. I don't have to worry whether my child will cry in the courtroom because I have no safe place to leave her. I don't have to worry whether my husband will wait for me outside the courthouse with a gun.

If you're still with me here, then I'm singing to the choir and that's pretty scary because I really can't sing. If I could, I'd sing the blues, because as family law lawyers we are asked, repeatedly, to provide free representation. It's logical, because family law cases are the areas of greatest need. How often do you see your friends, the corporate tax attorneys, the land use attorneys, or the patent attorneys, representing one of their clients for free? Not gonna happen. Now, how often do family law attorneys represent clients for free? A lot.

(Let me note here that poor business practices do not constitute pro bono representation. If you agree to represent a client for free, good on you. But if you agree to represent a client and the client doesn't pay you, then the client got lucky and you got took. Next time you find it in your heart to give away some of your time, and I hope you do early and often, I'd recommend that you do it through a referral from a legal services organization to ensure that the client has been screened for need and all other resources have been explored.)

I'm one of the lucky ones because I am able to represent the neediest and most desperate of family law clients for free and still get paid, not much, but paid. (To my longer suffering husband, honey, this is a "real" job.) Folks tell me all the time how great it is that I do this work, how important it is for these clients to have representation. And I couldn't agree more or I wouldn't do this job. But tell me, why do I feel so lonely? If folks think this work is so important, and they seem to, why aren't more people representing needy, low-income clients? I don't need one more "atta girl" for my work: I need help.

Perhaps Hunter S. Thompson would know the answer to the puzzle but he's no longer available. I think he would say what my civ. pro. professor (who bore a slight resemblance) taught us: Go with what you've got. What we've got is a fine and talented bar and a tremendous need. What we've got is a rule recommending 30 hours of free legal services a year from every attorney — family law, labor law, land use, tax, torts, trials. And, okay, if you can't give 30 hours of free services, work your hours, pay the taxes, and donate the rest to LAW Fund. It's a wild idea, but I think we can make a difference.

If you are with me and if you want to do something wild and crazy, crank-up your laptop and go to the website for the Advocate Resource Center — www.advocateresourcecenter.org. On the left side of the home page, click on "volunteer." You can then tailor your search for volunteer opportunities to your county, area of interest, or by a text search. What could be easier? Or go to the Washington Legal Foundation website at www.legalfoundation.org/2005/directory.htm. This takes you to the Legal Foundation of Washington 2005 Grantee Directory. There is a grantee near you. Call them. I promise, they will be thrilled to hear from you and you will feel honored to work with them.

Rock on.

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In 1995 Leslie Savina became the first staff attorney for the Domestic Violence Legal Fund, a program begun by Eastside Legal Assistance Program to provide direct representation in family law matters to low-income domestic violence survivors in King County. Similar programs have now been started in other jurisdictions in Washington. When not loving the law, Ms. Savina is a baseball mom. She can be reached at leslie@elap.org.

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