Pro Bono Legal Work: A Renewed Interest in Community Service

September 18, 2024

Pro Bono Legal Work: A Renewed Interest in Community Service

The Florida Supreme Court, like many state supreme courts, has established rules related to a lawyer’s expected pro bono service. Attorneys licensed in Florida “should furnish a minimum of 20 hours of pro bono legal service to the poor annually or contribute $350 to a legal aid organization.” Additional hours of service are encouraged, and can help attorneys connect more deeply with their work and positively impact others, reflecting the core reasons many attorneys chose a legal career

While some within the legal industry are focused on meeting the minimum pro bono requirements, others are taking a different, community-minded approach to service. Lawyers, as part of the social contract between the legal profession and the community, should help people understand the laws and procedures that impact their daily lives. Attorneys should aspire to serve their communities with their legal skill in meaningful ways.

In 2022, Community Legal Services launched the Claud B. Nelson Peer Academy, an innovative legal program. In exchange for taking on one pro bono representation, a lawyer receives six months of online training in various practice areas, plus mentorship, staff support and malpractice insurance coverage. Since its inception, the Peer Academy has grown to include five practice areas with lawyers competing for prestigious spots in the spring or fall sessions. Many participants feel professionally fulfilled by the pro bono work and opportunity to serve their community; graduates also share that the program reconnects them with why they became lawyers in the first place.

Addressing Misconceptions and Increasing Pro Bono Participation

A major challenge in coordinating pro bono work is addressing the misconceptions coming out of private practice. Some law firm leaders hesitate to allow pro bono work because they are worried about liability. However, many legal aid organizations cover primary malpractice insurance. Community Legal Services recognizes this is an issue for legal aids and through the launch of the Peer Academy, for example, will cover the first $1 million in a malpractice case, often rendering liability a nonissue. Additionally, it is rare for a legal aid client to bring a malpractice suit against the organization.

It is also important to remember that attorneys do not have to continue working with bad pro bono clients. Just as with private practice clients, if legal aids or pro bono attorneys do not bring value to the client, provide what is necessary for the case or the client does not follow the recommendations they provide, it is in the best interest of all parties to end the attorney-client relationship. We try to be as understanding as possible, but legal donors are not willing to waste time that could be better spent on other deserving pro bono clients.

Another misconception relates to resources. Staff at legal aid or similar organizations can help with tasks such as contacting clients, gathering and reviewing documents, conducting legal research and drafting memos. They can also pay case expenses or handle continued representation. When law firm leaders are aware of a pro bono program’s resources, including malpractice insurance, they are more likely to allow their team to take pro bono cases. This also allows firms to use pro bono work to train newer lawyers.

Developing an Effective Pro Bono Training Program

When the Peer Academy began, our pilot program in bankruptcy law consisted of five participating attorneys and an advisory committee. We have grown based on our clients’ legal needs and we identified the most critical issues and then determined how best to prepare our pro bono attorneys.

Our first training programs were conducted by attorneys who already volunteered with Community Legal Services and were familiar with our organization and pro bono work. When The Florida Bar and other advocacy programs reached out to us, we would add training topics. Eventually, we institutionalized the program and made it more formal. Currently, all our classes are CLE-accredited through The Florida Bar. Once we assemble the educational sessions and record them, it is very easy to replicate for future Peer Academy sessions. Under Florida law, education credits are good for 18 months.

In addition to meetings and CLE sessions, pro bono attorneys can also learn through observation and participation in counsel clinics. Just like with new associates, attorneys in training observe how a more experienced attorney handles a matter until they are comfortable litigating it themselves. We also offer clinics for any attorneys who want to learn our offered practice areas in a more limited setting.

This method of developing training programs can be replicated in other pro bono organizations: Determine your community’s greatest needs; identify your existing resources; create evergreen content for CLEs and clinics; and repeat. The Peer Academy training program continues to be successful because of the passion and dedication of our staff coupled with the quality of our educational content and excellent program candidates.

The Importance of Peer Mentorship

Another key component of a successful pro bono training program is mentorship. Pro bono attorneys are not expected to become immediate authorities—knowing all the intricacies and nuances of the case law can take years. Attorneys do, however, owe it to their clients to know what they are doing or to try their best to figure it out. This is where peer mentors come in.

We have a large but focused network of attorneys who are willing to train other lawyers and walk them through specific legal processes. We pair the experienced mentor with the trainee and make sure the mentor is available for any questions. Additionally, we offer a mobile hotline in which experienced attorneys can offer legal advice or jump into a case where necessary. Peer mentorship is similar to a team-building exercise: Trainees develop their confidence and take the lead once they feel comfortable.

Final Thoughts

The last three to five years have seen new attorneys with a renewed interest in community service. I have had conversations with recent law school graduates and attorneys with a few years of experience and they have a revived interest in giving back By taking on a couple of pro bono cases a year, attorneys can reinvigorate their passion for the law and continue to serve the community’s most vulnerable. These attorneys are the catalysts for growth in pro bono work and are helping to set the example. The culture is not going to change overnight, but with investments from law firm leadership and pro bono programs, we can live in a world where lawyers are here and eager to help.

Jeffrey D. Harvey is the chief executive officer of Community Legal Services, a full-service civil legal aid law firm serving the Central Florida community. He is a 23-year veteran of the United States Army and recently completed a master’s in strategic studies at the U.S. Army War College which highlights his duty to serve. Harvey is based in Orlando, Florida.

Reprinted with permission from the September 18, 2024 edition of Daily Business Review © 2024 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.