December 2002  

Time Is Our Commodity

by Jan Michels
WSBA Executive Director
janm@wsba.org

At the recent Association of Legal Administrators and Managing Partners dinner, the featured speaker, Dean Joe Knight of the University of Washington School of Law, talked about lawyers' time as their commodity. He asked: "How do you spend your time? Do you spend it on things that matter?"

Families matter, communities matter, and people in need matter. What do we offer to these people and things that matter? Would how we actually spend our time reflect these values? In weight control and debt reduction, experts advise that documenting what we do is a strong support for ensuring that our practices reflect our values or goals.

Documenting what we do in the area of pro bono work gained support from the Board of Governors, when, at their October meeting, they voted to recommend a voluntary pro bono reporting rule to the Supreme Court. The rule asks lawyers to report their pro bono hours each year.

We know that some lawyers will have a negative response to the idea of reporting volunteer hours. They may feel that it's not the WSBA's business, or that failure to meet the guidelines may be used against them. Some may assume that voluntary reporting is the first step toward mandatory reporting. Please take a minute to consider why the board has taken this action and what it means.

Knowing the extent to which lawyers as a whole spend their commodity (time) on pro bono work and community service will help both the crisis in legal-services funding and the image of our profession. The Legislature and the public simply do not know all that lawyers do for their communities. We know lawyers give generously, but we have had to rely on anecdotal or one-time survey information about the extent of this giving.

The proposed rule describes pro bono work as providing legal services at no charge or without expectation of a fee, or at substantially reduced rates, to persons of limited means, or to charitable, religious, civil, community, governmental or educational organizations primarily addressing the needs of persons of limited means. The definition includes work to improve the law and legal system. The proposed rule sets an aspirational goal of 30 hours a year.

Consider a day in the life of a small-firm practitioner in a medium-sized town. This lawyer starts her day at 7:00. She sees a client she knows cannot fully pay for her services, so she offers her advice and counsel for an hour at a reduced fee. She makes a call on behalf of the client's neighborhood association. She picks up her children at school, coaches softball for an hour, and heads home to review a legal matter raised by her church. After spending an evening with her family, she finishes the day by reviewing an employment contract for the softball coach. Pro bono hours today: 2.

Or consider a prosecutor. This lawyer has an exhausting day in court, where emotions run high. After work, he donates an hour to the legal-services clinic in his area, and then goes home to review the bylaws proposed by a newly formed community organization. Pro bono hours today: 2.

Jane practices family law, so she has expertise and experience in the area where there is the greatest demand for pro bono services. She offers a free initial consultation, 25 percent of her clients pay only partial fees, and she offers reduced fees through the Bar's GAAP Program. She routinely helps friends and neighbors recognize their custody and child-support rights. Pro bono hours in an average week: 4.

Or consider Diane. She maintains an active license but does not carry cases. In any one week, Diane is likely to present a free seminar at a nursing home about Medicare and Medicaid coverage, serve on her local bar's executive committee to oversee their pro bono program, and write an article for a newsletter. Diane's community service often includes advising others on their legal rights, suggesting courses of action on potential family law or landlord-tenant matters. Average weekly pro bono hours: 6.

Andy, an in-house corporate counsel, handles a pro bono marital dissolution on behalf of a 60-year-old woman. In addition to handling the basic dissolution paperwork, he assists her in dividing her limited community assets, which include pension benefits and the family residence. The representation lasts 17 months, because items accumulated by the husband over decades (including birds, "junker" cars, and a wide assortment of debris) have to be cleared from the property before it can be sold. When the husband, who still lives in the home, proves unable or unwilling to clean up the property, Andy moves for and obtains appointment of a receiver to handle the cleanup. With the help of the receiver, whose fees are paid from the husband's sale proceeds, the sale is closed and the net proceeds disbursed to the parties. Pro bono hours for this case: 20.

Martha is a business lawyer at a large firm. She volunteers two hours a week at the local domestic-violence shelter, and often finds herself assisting clients in need of protection orders and parenting plans. Average pro bono hours each week: 2.

These are real stories about real lawyers' lives. All these members will more than meet the aspirational guideline, and their stories of pro bono activities are very common. The WSBA's request for the reporting of these hours serves both to help secure responsible levels of legal-services funding, and to enhance the image of the profession. Lawyers' reluctance to report, sense of privacy, or constrained ability to offer pro bono hours to those in need and their communities are understandable. What and if WSBA members choose to report is a matter of their choice and conscience. No individually identifiable information will be developed or released, and there will be no penalty for not reporting.

Most lawyers choose the profession of law to help others, to give back to their communities and to society, and to protect justice. The proposed rule is not about having to either do pro bono work or report it. Rather, it is about the value of collective documentation. Even the most avid proponents of the voluntary reporting rule are adamantly against mandatory reporting. "Who would want to require legal work done begrudgingly, or without sincere desire to help others?" they ask.

If lawyers' time is their commodity and helping others is their value, pro bono legal service is their gift. Please consider the value and privilege of reporting these voluntary hours, and help us objectively demonstrate that lawyers care and do more than their share of work to maintain a viable justice system. The proposed rule is another building block in the "Proud to Be a Lawyer" initiative — please help!

Emeritus attorney Hon. Jack P. Scholfield, Washington State Court of Appeals (Ret.) tells us: "I signed up with the Eastside Legal Assistance Program (ELAP) after my retirement because I knew from previous experience that there is a real need for legal assistance and guidance among those who simply cannot afford to hire a lawyer. Through ELAP, I have counseled with many who came in confused, worried and anxious, and without any clear idea as to how to address their legal problems. Many times, advice and suggestions that are routine to a lawyer can go a long way toward relieving anxiety and worry." Pro bono hours: more than 100 annually.