October 2006

Washington State Office of the Attorney General Honored With TCVLS Pro Bono Award

by Amy Klosterman

When we think of the work that government legal workers do, we generally think of how they provide support to the public through government entities. Pro bono legal work by government employees is often noticed less, because such workers need to maintain a barrier between their paid work and their volunteer work in order to make sure that public funds are not used for the volunteer work. Government lawyers cannot use office facilities at their workplace to meet with pro bono clients, and cannot bill any pro bono hours as attorneys in private law firms often do. They have to take vacation time or arrange for flex time to go to court with pro bono clients and use their own funds for mailing expenses associated with pro bono cases.

Luckily for Washington residents, there are many government staff and lawyers who serve the public in both their paid work and their volunteer work. In February 2006, a large group of government legal staff and attorneys from the Washington State Office of the Attorney General was recognized for their impressive efforts with Thurston County Volunteer Legal Services (TCVLS). This program began in 1994 partly as a way for the plethora of government attorneys in Olympia to be able to do pro bono work in a clinic setting and avoid issues with conflicts of interest and possible misuse of state resources. I spoke with Scott Douglas, executive director of TCVLS, as well as several volunteer attorneys and staff, to find out more about this great achievement.

Thurston County Volunteer Legal Services and the AGO

TCVLS is staffed by many volunteers from government practice,  is composed of several walk-in legal clinics in Thurston and Mason counties, and has a considerable roster of attorneys who do direct representation as well. The program has its roots in past entities, including the Thurston County Volunteer Legal Clinic and the Pro Bono Project. It is staffed primarily by volunteers from the Attorney General’s Office — other attorneys and staff provide services as well.

Scott Douglas has been executive director of TCVLS since 2004. He notes the program’s exponential growth. When he was first hired, TCVLS had one clinic every other week. In August 2004, it added a monthly domestic-violence clinic in conjunction with SafePlace. In November 2005, the Mason County Clinic opened, which was TCVLS’s first physical presence in Mason County. Altogether, TCVLS served 602 clients last year through their clinics and direct-representation programs.

Encouraging Participation

Mr. Douglas has participated in extensive outreach since he was hired, and attends functions such as charity events and diversity fairs. He offers CLEs at the Attorney General’s Office and other locations, and speaks to groups of government workers at many different functions. At a 10-hour training session at the Attorney General’s Office in October 2005, 40 new volunteers signed on. Currently, Mr. Douglas feels that volunteerism for the program has taken on “a life of its own.” The word gets spread as volunteers tell friends and coworkers about their work. Mr. Douglas described his main goal for 2006 as getting more attorneys involved in direct representation.

Some Exemplary Volunteers

In 2005, staff members in the Attorney General’s Office established a Pro Bono Committee, evidence of dedication to volunteerism within the office. The committee is chaired by Traci Friedl, and has its own webpage on the Attorney General Office’s intranet. Mr. Douglas speaks enthusiastically of a core group of attorneys general and staff who volunteer at TCVLS, such as the two paralegals who have volunteered at every SafePlace domestic-violence clinic in 2005 and early 2006.

Melynda Campbell, who now works for Governor Christine Gregoire’s Office of General Counsel, has been volunteering regularly at TCVLS clinics for five years. She volunteers because she believes that she should help since she has the ability to do so. She comes away from her volunteer experiences each time with the sense that she has made a difference.

Cheri Elliott is another former AGO paralegal who has been dedicated to the SafePlace clinics. She now works for the State Auditor’s Office as a whistleblower investigator. She is close friends with Ms. Campbell, and was inspired to volunteer through Ms. Campbell’s example. As soon as the SafePlace clinic opened, she knew she wanted to volunteer there. She feels that Mr. Douglas is an incredible leader and organizer, and that the other women at SafePlace are wonderful and full of compassion. She is honored to work with such a wonderful group of people.

Penny Allen is a great example for government attorneys who are interested in providing direct representation. She works in the L&I Division of the Attorney General’s Office and has had about 15 direct-representation clients with family law issues over the past 16 years. She had not practiced family law when she started taking pro bono clients, but got training and started on simple cases. She noted that many of her cases have been unopposed, and that court personnel have been very helpful to her in her role as a pro bono provider.

She values her pro bono work for the courtroom skills and confidence it has given her. She notes that even pro bono work that is not in a lawyer’s particular area of expertise can help that person’s everyday law practice. Ms. Allen fits pro bono into her busy life by doing some tasks at home. She meets with clients at places of public access during normal business hours, since she cannot see them in her workplace. Her workplace is flexible about letting her make up work hours at a later time if she has some rush work for a pro bono case. She has learned a lot from her volunteer work and has watched abused, codependent women transform their lives.

Phil Ferester works in the Natural Resources Division of the Attorney General’s Office, and has volunteered at TCVLS since 1997. He notices that people sometimes lose focus on volunteerism given other time commitments in their lives, but finds it has been easier to do when he commits to a clinic date several months in advance and puts it on his calendar. He believes it is important for government attorneys to do pro bono work, as they need contact both with clients and with the private bar. He always leaves his clinic nights feeling that he has helped someone.

Christine Kilduff is an attorney volunteer from the Attorney General’s Office who does not currently volunteer for TCVLS, but did so in the past. She served on their Board of Directors from 1998 through 2000, and believes it is very important for government attorneys to do pro bono work, as they need to be able to connect with their communities in a tangible way. Public attorneys often do not come face to face with those they serve, but it is good for them to see the impact of their services. Ms. Kilduff currently volunteers with the Tacoma/Pierce County Volunteer Legal Clinic, and gets great satisfaction from making a difference for her clients. She is on the attorney general’s Pro Bono Committee, and relayed the news that Ms. Allen recently received the Attorney General’s in-house Pro Bono Award. Ms. Allen is also the recipient of the 2006 WSBA Angelo Petruss Award for Lawyers in Public Service.

James Johnson is another L&I attorney who does both direct representation and clinic work. He enjoys his work, as it gives him a chance to help “real people with real problems.” He notes that TCVLS has supported him with mentor attorneys who help him in family law, an area of law he does not otherwise practice. He has also been supported by opposing counsel and judges who understand that pro bono attorneys are there to help the system work more smoothly. Mr. Johnson has not found the time commitment to be a burden. He suggests that those who are unsure about whether they are really up for pro bono work should co-counsel with a more experienced attorney.

How You Can Get Involved

Learn from example. Talk to attorneys and staff who already do pro bono work and ask for tips on how to volunteer. Check out the WSBA’s website regarding volunteer opportunities, www.wsba.org/atj/support/default.htm. There are many opportunities for almost any practice area, and you are certain to find something that does not conflict with your practice. You can also search the Internet using key words — a pro bono opportunity is just a few clicks away. Familiarize yourself with your office’s policies regarding outside work. Be prepared to work within certain practical limitations in order to do your work. Legal clinics are easy opportunities, because you can leave your workplace to go to the clinic, and you do not have to juggle the demands of direct representation with your regular job. There are many clients in dire need of direct representation, and you can make a huge difference in a person’s life that way. Worried that you don’t have any legal skills outside your practice area? Many local bar associations and pro bono providers give CLEs and trainings that are free if you volunteer to take a case. There are many people who are willing to mentor pro bono attorneys and staff. Do your profession proud and help someone in need. 

Amy Klosterman is chair of the Corporate Counsel and Government Attorney Pro Bono subcommittee of the WSBA Pro Bono and Legal Aid Committee. She practices disability law as an attorney advisor in the Social Security Administration’s Office of Disability Adjudication and Review. She can be reached at amy.klosterman@ssa.gov or 206-615-3626.