As lawyers, one of the most rewarding (albeit elusive) experiences is when we can fashion a win/win, so that our client and the other party, be they a litigant or the counterparty in a deal, feel like they have benefited by the settlement or transaction. Both sides are (at least relatively) pleased, and everyone feels good about the outcome. Volunteering for pro bono work is a win/win/win.
First and most obviously, the client receiving the pro bono services wins. Without the pro bono lawyer, chances are the client would face his or her legal problem unrepresented. Indeed, over 92 percent of low-income Virginians with basic legal problems (e.g. landlord/tenant, domestic violence, guardianships, uncontested divorces, etc.) face those problems without legal representation. Although that is shocking, it should not be surprising: there are 1.3 million Virginia households either living in poverty or comprising the working poor. Although the 240 legal aid attorneys who practice in Virginia are extremely talented, work incredibly hard, and spread themselves as widely as possible, the math works out to over 5,000 poverty/working poor households per each legal aid attorney. Even super lawyers and legal aid attorneys are indeed that, cannot manage a 5000 to 1 workload.
Second, our legal system wins. The American system of justice was envisioned and designed to have parties represented by lawyers. Ask any Judge, and particularly the great Judges who sit on the General District Courts and Juvenile and Domestic Relations Courts in Virginia, and they will tell you how much better they feel about the process when both parties are represented. Then consider how rare that is—according to a 2018 study by the National Center for State Courts, in only 1 percent of cases in Virginia General District Courts were both sides represented by counsel. Pro bono counsel help level the playing field and greatly increase the chances that clients feel heard and receive justice.
Third, the pro bono lawyer wins. I am fortunate to be in a position now to do a lot of pro bono work, and I will tell anyone who will listen that I get way more out of pro bono than it will ever get out of me. The dividends on the time investment in pro bono are almost too many to list here: maintaining (and improving) client and courtroom skills; regular engagement with other counsel and with the judiciary; a sense of community with other pro bono counsel; regularly being reminded how fortunate we are to be lawyers, and how so many of our fellow Virginians struggle with everyday basic needs that we have and take for granted; and the admittedly great feeling of being able to help someone resolve a legal problem that they simply could not have resolved on their own. I like to say that you don’t have to be Clarence Darrow to make a (huge) difference representing a pro bono client in Court; instead, you have to keep in mind the “compared to what” test: but for you being there, that person would be unrepresented. Think if you had to walk into an operating room and perform your own surgery. You’d likely not survive, and many Virginians who face their basic legal problems without a lawyer fare not much better.
The great news is that there is a fourth win to be had – yes, the elusive 4X Win, especially for senior, experienced lawyers like those who populate the Senior Lawyer Section. I can’t emphasize just how much we have to give back, especially to younger and/or less experienced lawyers who want to do pro bono. Our expertise, experience, and judgment are gold to pro bono volunteer lawyers. Whether it is sharing with them how to navigate a warrant return in General District Court, how to prove an act of domestic violence in J&DR Court, or how to present a petition for a guardianship in Circuit Court, you can be the catalyst to get another lawyer to take a pro bono matter. Just letting that lawyer know that she or he can call you, discuss the “how tos” and lean on your experience, provides that lawyer with the comfort that she/he is not on an island. And another secret: mentoring and coaching a younger lawyer is one of the most efficient, empowering, and rewarding things that you can do. (Plus, volunteer activities designed to increase the availability of pro bono legal services, which specifically include time spent recruiting, training, and mentoring pro bono lawyers, are themselves recognized as qualifying for pro bono per Comment 5 of Rule 6.1 of the Virginia Rules of Professional Conduct.
You will hear more about Pro Bono Virginia (PBV) in the coming months. It aims to significantly increase the amount of pro bono work done by Virginia lawyers. One of the linchpins of PBV is getting lawyers like you involved as pro bono “Amplifiers.” An Amplifier is part coach, part mentor, and part cheerleader. As the name implies, it aims to leverage your skills and experience to help younger and/or less experienced lawyers make the transition from pro bono initiates to pro bono heroes. Whether you are a regularly licensed Virginia lawyer or a member of the growing Emeritus practice cohort, you are the key to helping increase the amount of pro bono legal services delivered to our fellow Virginians. I hope you will consider stepping up to help. Although PBV is rolling out later this fall, you are more than welcome to reach out to me now if you are interested and want to learn more, or are ready to say, “Sign me up!” Together, we can make a real difference and move the needle towards a more just Virginia for all.
Chip Nunley: 804.788.8679 or [email protected]