December 2000

Ethics and the Law
Serving at the Banquet of Justice

by Barrie Althoff, WSBA Chief Disciplinary Counsel

Experienced lawyers know that one of the greatest pleasures in practicing law is helping a client know justice, especially where the lawyer does so without any compensation. Simply put, doing a good deed makes us feel good. Because providing public-interest legal service is a core value of our profession, Rule 6.1 of the Rules of Professional Conduct obligates us to provide such services. Similarly, in our oath of admission to the practice of law, each of us declared that we will never reject the cause of the defenseless or the oppressed. 

But where do we start to do this? This article provides some basic answers.

A previous article considered whether lawyers have an obligation to provide pro bono services, the possible sources or rationale for the obligation, and the possible means by which the obligation might be met. Althoff, "Ethical Obligation to Provide Pro Bono Service," Washington State Bar News, May 1999, p. 47. A more recent article explored the question of why, despite a continued recognition and proclamation of our duty to provide public legal service, relatively few of us actually do so, and thus why many of our citizens struggle to find justice. Althoff, "Starving at the Banquet of Justice," Washington State Bar News, November 2000, p. 46. About 4,000 of Washington's 26,000 lawyers are estimated to provide some pro bono services. Where are the other 22,000 lawyers?

This article assumes we have recognized our ethical obligation and that we now want to actually fulfill it. Most of us have to make a living and have family and other obligations, so we must ration our time and activities amongst competing needs. If we are in private practice, we have many opportunities to provide free or reduced-cost legal services in our own day-to-day work. But we may prefer to keep our pro bono activities separate from our private practices and provide volunteer services through a separate organization. And, some of us have highly specialized practices and either cannot provide direct services or do not know where to start. So where do we start? Where do we go to find information? To actually volunteer? Below is a list, compiled by others and published several times previously, of some organizations that need our legal services and financial help. This is one place to start.

Many law-related organizations need help, commonly in areas of direct representation, referral, advice and education to low-income people with civil legal problems in the areas of housing, protection of financial resources, consumer protection and family law. Help is often needed to staff advice clinics, lecture to community groups, and serve as board members. In many cases the volunteer will first undergo initial training and work with either staff lawyers or experienced volunteers.

You can safely find out about volunteering at any of the programs, without any pressure to volunteer, by calling Leslie Johnson, WSBA Access to Justice Programs Coordinator, at 206-733-5942 or 800-945-WSBA, ext. 5942. If you prefer to call an organization directly, detailed contact information is available on the WSBA website at www.wsba.org/atj/support.htm. If you do not find an organization that looks like it can use your talents, why not start a new one that can?

Benton-Franklin Legal Aid Society (Kennewick): Volunteer legal representation, dissolution clinics and parenting plan assistance for low-income persons, in conjunction with the Volunteer Center and the local bar.

Blue Mountain Action Council (Walla Walla): Volunteer lawyers from Walla Walla and Columbia counties provide direct representation, family law clinics and pro se document review to low-income persons.

Chelan-Douglas Community Action Legal Aid (Wenatchee): Legal advice, representation, and pro se dissolution assistance to low-income persons in conjunction with the Community Action Agency and the local bar.

Clallam County Pro Bono Lawyers (Port Angeles): Volunteer attorneys provide advice and representation to low-income persons.

Clark County Volunteer Lawyers (Vancouver): Volunteer lawyers from the local bar provide legal representation, advice, bankruptcy clinics and dissolution classes to low-income persons.

Columbia Legal Services: A full-service, statewide legal services program dedicated to ensuring that a full range of legal services is available to all of Washington's low-income population, particularly vulnerable and hard-to-serve special-needs populations that face unique barriers to the justice system. It focuses on hard-to-reach/hard-to-serve poor people who are unable to use the CLEAR system (see Northwest Justice Project on page 46). Each local office uses volunteer attorneys in a variety of ways — from research and writing to direct representation.

Cowlitz-Wahkiakum Legal Aid (Longview): Volunteer attorneys from Cowlitz and Wahkiakum counties provide advice clinics and representation to low-income persons.

Eastside Legal Assistance Program (Bellevue): Legal advice, dissolution workshops, and representation to low-income persons in east King County by volunteer attorneys.

Fremont Public Association, Welfare Advocacy (Seattle): Represents low-income persons in administrative hearings and superior court regarding public benefits in King and southern Snohomish counties. The areas of focus are Temporary Assistance for Needy Families (TANF, formerly AFDC), General Assistance-Unemployable (GA-U), food stamps, Medicaid and childcare. Volunteer attorneys, paralegals and law students are needed to provide assistance with representation and advice. Volunteers with knowledge of SSI, social security and family law are desired.

Grays Harbor Bar Volunteer Legal Aid Service (Aberdeen): Legal advice, representation, and a dissolution clinic for low-income residents by the local bar, in conjunction with Coastal Community Action.

Volunteer Lawyer Program of Jefferson County (Port Townsend): Monthly do-it-yourself divorce workshops for low-income persons.

King County Bar Association

For information about the many volunteer legal service programs of the King County Bar Association, call Robin Lister at 206-624-9365. Programs include:

• Neighborhood Legal Clinics: Volunteer attorneys provide 30 minutes of free legal consultation. Specialty clinics include a Spanish and immigration clinic. The program needs Spanish-speaking volunteers.
• Family Law Mentor Program: This program pairs new family law attorneys with experienced practitioners to represent clients in contested divorces where the children are at risk of physical harm. Clients must meet legal and financial guidelines. The cases are complex and involve litigation. This is an excellent way to receive courtroom experience with the help of a mentor.
• Legal Services for the Homeless: The program works with firms and individual attorneys to provide free legal services to homeless people living in shelters. This program works closely with shelter case managers and firms to meet the unique needs of the homeless population. As a volunteer, you will receive training, reference materials, and a list of attorneys who can advise you on how to handle specific problems that may arise with your cases.
• Newcomers Resource Coordination Project: This project coordinates and directs newcomers, refugees and immigrants to the legal resources currently available in King County. The program serves the newcomer community through three specialized clinics, community workshops, and referral to pro bono attorneys to assist newcomers on issues other than immigration. A panel of volunteer and low-cost interpreters is also available as required.
• Self-help Plus Program: This program helps low- and moderate-income King County residents to process their own non-contested divorces, and with child support or minor parenting plan matters.
• Volunteer Attorneys for Persons with AIDS/HIV and AIDS Legal Access: This is a free service that finds volunteer, reduced- or full-fee attorneys for persons who are living with HIV or who have legal problems related to HIV. Most clients qualify for pro bono services. Volunteers include attorneys for all areas of practice. Common referrals include estate planning, debt defense, insurance issues and discrimination.
• Volunteer Legal Services: Volunteer attorneys provide free representation in civil cases for low-income people in King County. VLS also provides a panel of attorneys for the Housing Justice Project to represent low-income defendants in unlawful detainer actions.

Kitsap County Volunteer Attorney Services (Bremerton): Volunteer attorneys provide legal representation, advice, and dissolution clinics in conjunction with Kitsap Community Resources and the local bar.

Kittitas County Volunteer Legal Services (Ellensburg): Volunteer attorneys provide representation, advice, and dissolution clinics for low-income residents of Kittitas County.

LAW Advocates (Bellingham): Volunteer attorneys provide free legal representation, advice and consultation, a summer Street Law Program, and a pro se dissolution clinic for low-income Whatcom County residents.

Legal Action Center (Seattle): Its mission is homelessness prevention. Volunteer attorneys are needed to staff neighborhood intake sites. Types of cases include landlord/tenant, debtor/creditor and consumer protection matters.

Lewis County Bar Legal Aid (Chehalis): Volunteer attorneys from the Lewis County Bar Association provide legal representation and advice.

Native American Project: Approximately 50 attorneys serve on this statewide panel designed to provide assistance with federal Indian law issues.

North Columbia Community Action Council, Inc. (Moses Lake): Volunteer attorneys from the Grant and Adams County Bar Associations provide advice, representation, and divorce assistance in conjunction with the Community Action Council.

Northeast Washington Legal Aid Program (Colville): Volunteer attorneys provide direct legal representation, advice and consultation clinics, and pro se dissolution clinics.

Northwest Immigrant Rights Project (Seattle): This project provides statewide immigration assistance to low-income persons. Volunteer attorneys are needed to take on individual cases, do research, and work with clients. Staff attorneys will assist volunteer attorneys without expertise in the immigration area. NWIRP also uses volunteers for family law and criminal cases.

Northwest Justice Project: The federal statewide partner in the Access to Justice Network, NJP provides direct services to low-income clients and serves as a primary point of access for clients through a centralized, statewide referral system called CLEAR (Coordinated Legal Education, Advice and Referral). NJP needs volunteer attorneys to answer and follow up on CLEAR calls, serve as a resource in their given field for CLEAR staff, and provide training to CLEAR staff on specific areas of law.

Northwest Women's Law Center (Seattle): The Center provides legal information, self-help and referral services, and litigates public-impact cases. It depends on a large and active volunteer network. Volunteers are needed to staff telephones; prepare briefs in high-impact cases; prepare self-help materials; and present training workshops and seminars on sexual harassment, discrimination issues, family law and other women's issues.

Okanogan County Legal Services Program (Okanogan): Volunteer attorneys from the Okanogan County Bar Association provide advice, representation, and pro se dissolution assistance, in conjunction with the Community Action Council.

Skagit County Volunteer Lawyer Program (Mount Vernon): Legal advice, representation and dissolution assistance for low-income persons with the assistance of the Community Action Agency and the local bar.

Snohomish County Legal Services (Everett): Advice, family law self-help classes, and legal representation for low-income persons by the local bar.

Spokane Bar Volunteer Lawyers Program (Spokane): Volunteer attorneys provide free representation in civil cases, advice, dissolution and bankruptcy seminars to low-income persons in Spokane County.

Tacoma-Pierce County Bar Association Volunteer Legal Services Program (Tacoma): Free dissolution self-help classes for low-income persons, legal advice through a neighborhood legal clinic, and direct representation.

TeamChild (Seattle): TeamChild helps juveniles in the juvenile justice system gain access to mental-health services, education and safe housing. TeamChild has offices in Tacoma, Seattle, Spokane and Yakima.

The Tenants Union (Seattle): The Tenants Union operates a statewide toll-free hotline which provides landlord/tenant information to callers. It needs volunteers to serve as members of the board of directors and to participate in annual fund-raising events.

Thurston-Mason County Volunteer Legal Clinic (Olympia): Volunteer attorneys provide 30 minutes of free legal consultation in the general areas of family, consumer and landlord/tenant law, and offer monthly "do-it-yourself" divorce workshops for help with uncontested dissolutions.

Thurston-Mason County Pro Bono Program (Olympia): Volunteer attorneys provide direct representation in these counties.

University Legal Assistance (Spokane): This program provides legal assistance in family law cases for low-income persons in Spokane County. Services are provided by Rule 9 legal interns at Gonzaga Law School. Since 1981, it has operated the Elderlaw Project, a program funded in part by the federal Older American Act administered through the Aging and Long-Term Care of Eastern Washington. The Elderlaw project provides access to the justice system by offering basic legal services for socially and economically disadvantaged individuals age 60 and over in Spokane County. ULA also receives funding from the Washington Long-Term Care Ombudsmen Program (LTCOP) to represent individuals in nursing homes and other adult-care facilities.

Unemployment Law Project (Seattle): This project provides counseling, assistance and representation without cost for low-income persons in unemployment hearings statewide. Volunteer attorneys are needed to interview prospective clients, investigate and prepare cases, and write appeals to the commissioner. This program also uses volunteers to serve on a referral panel of private attorneys who represent clients in superior court, and to help with fundraising and community outreach.

Whitman County Indigent Legal Services (Pullman): Volunteer attorney representation, advice, dissolution clinics, and landlord/tenant clinics for low-income persons in conjunction with the Community Action Center.

YWCA/Yakima County Bar Association Volunteer Attorney Services (Yakima): Volunteer attorneys, with support from the Yakima YWCA, provide legal representation, advice and dissolution assistance for low-income persons.

Providing volunteer legal services is not always a practical option. As we become more specialized, and as our lives become more crowded, some of us cannot directly provide such services. If we are partners in a firm or senior officers in a corporate law office, however, perhaps we can make some of the junior attorneys, paralegals or legal interns available to do so. Or, we can provide financial resources to volunteer legal services organizations so that others may provide the needed services. Here are a few organizations that provide funding for many of the organizations listed above and that need your financial support.

King County Bar Foundation, 900 Fourth Avenue, Suite 600, Seattle, WA 98164-1060: This is a charitable and educational foundation which promotes programs that increase legal remedies to the poor, enhance public understanding of the law, and increase minority participation in the legal profession.

LAW Fund, 1325 Fourth Avenue, Suite 531, Seattle, WA 98101-2525: Created by members of the private bar in 1991, it seeks to institutionalize private support for civil legal services programs in Washington state by raising funds to preserve and expand civil legal services for low-income persons.

Legal Foundation of Washington, 500 Union Street, Suite 545, Seattle, WA 98101: This organization is dedicated to the provision of equal access to the justice system by funding legal and education programs for low-income persons through the fair and efficient administration of IOLTA and other available funds.

Pierce County Bar Foundation, 13211 82nd Ave NW, Gig Harbor, WA 98329-8658: Created in 1996, the Foundation's purpose is to carry on law-related education and charitable activities, with a primary focus on the support of the Tacoma-Pierce County Bar Association's Volunteer Legal Services Program.

We all know we should provide volunteer public-interest legal services. We are ethically obliged to do so either directly or through others. Each of us has sworn not to reject the cause of the oppressed or of the defenseless. We can fulfill our duty, live that oath, and help others know justice by directly providing needed services or by funding those who do. When we do so joyfully, not out of a sense of obligation, but out of a passion for justice, we help others know justice and we give meaning to our own lives.

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