Utah Chapter

Pro Bono Services: For the Public Good and More

The Latin phrase pro bono publico means “for the public good.” Lawyers understand this phrase to mean an obligation and opportunity to provide unpaid legal services for those in need.

One of the biggest obstacles both for willing lawyers and poor litigants is the lack of a simple process to match lawyer and client. As a result, federal judges often encounter litigants who try to represent themselves because they can’t afford counsel. This scenario poses problems for everyone involved, including the judges. As one judge put it: “One of the greatest challenges for a judge is working with pro se litigants – having to treat both sides fairly and neutrally, while accounting for the fact that one side has dramatically fewer resources and much less access to the complexity of our court system than the other.”1

A core purpose of the Federal Bar Association is to support our federal judiciary. So when Louise York, Chief Deputy Clerk of the Utah District Court, raised the possibility of our local FBA Chapter working with the Court to create a program to match interested lawyers with pro se litigants, we jumped at the opportunity. Our pro bono coordinator, Jenifer Tomchak, provides some details of this new program later in this newsletter.

The core idea behind this program is to create a pro bono “wheel,” meaning that as the need arises for pro bono counsel, the clerk will go to the roster of volunteer firms or individual lawyers and assign the case to the next one on the list. The pro se litigant will then have capable counsel, and the case will be easier to administer. Clearly, such a program is “for the public good.”

Moreover, I have learned from personal experience that such pro bono work not only benefits the litigant, but it can make a dramatic difference in the job satisfaction of the lawyer. I started my legal practice in Chicago at a private firm. As a junior associate, I longed for opportunities to do work that would help me feel like I was actually making someone’s life better. After raising this issue with a senior partner, the firm asked me to take on the case of an elderly woman who had been sued by a national retailer over a credit card debt that she disputed. She needed legal help but was unable to afford a lawyer. Somehow my firm heard about her situation and allowed me to take her case. I remember well my trip to the South Side to meet with her. She lived in a small, neat home that seemed not to belong in the rough neighborhood where it sat. As I interviewed her about the dispute, I learned about her life, her struggles, and her very real need to resolve the lawsuit quickly and fairly.

I worked with her over several weeks and was able to help her, and I gained a friend in the process. Over the three and half years I spent in Chicago, and despite several other more high profile cases, nothing brought me more satisfaction than working on my first pro bono case. Certainly, I am not alone in having such positive pro bono experiences, which one scholar describes as “a powerful rush for both for the greenest associate and most jaded senior partner.”2

Pro bono cases like these are not and should not be restricted to lawyers working for large firms. Recent ABA data suggests that the vast majority of attorneys, including in Utah, practice as solos or in firms of ten lawyers or fewer.3 However, many of these lawyers are unable to readily enjoy the personal and professional benefits of a satisfying pro bono experience due to a lack of resources. A recent article on pro bono in Utah suggests that a “key to increasing the pro bono participation of small firm lawyers is to develop partnerships with bar associations and legal service providers that can provide them with the resources and support they lack, from pro bono referrals to client screening, training, mentoring, malpractice insurance, forms and materials and other kinds of assistance.”4

Our local FBA chapter hopes to make access to such resources readily available to all those interested in participating in the new pro bono partnership with our U.S. District Court, whether they happen to be members of our organization or not. We are very enthusiastic about this program, in part, because we have seen how these types of cases have benefited local lawyers as we have tested the concept.

One local lawyer, David Reymann, has accepted several pro bono cases from the Utah federal court in the past few years. He reports that these “cases are a wonderful way for young attorneys to get experience handling a case by themselves, appearing in court, interacting with clients, and taking responsibility for things that aren’t practical in larger pieces of civil litigation.” Similar to my own experience, David reports that these cases also provided a “welcome departure from some of the more tedious aspects of civil practice by presenting more engaging issues like civil rights and constitutional law.”

He also pointed out that, in addition, “there is obvious intrinsic value in providing legal services to someone who otherwise would be unable to afford an attorney, and in contributing something of value to our process. That doesn't often happen in ordinary civil litigation. Most of the pro bono clients I’ve represented over the years have been overwhelmingly grateful just to have someone that will fight for them. For the minimal amount of time these cases take out of one's practice, the good a single lawyer can do is enormous.”5

Our FBA chapter sincerely hopes that the new federal pro bono program will be good for the courts, for the litigants, and for the lawyers looking to do something for the public good.

Jonathan O. Hafen
Utah Chapter President

Endnotes:

The Utah Chapter of the Federal Bar Association is composed of federal judges and lawyers who practice in Utah federal courts. Participation in the FBA gives lawyers the opportunity to network with local attorneys and judges. In addition, the FBA provides many substantive CLE programs on federal practice and the latest developments in the law. These valuable programs are offered to our members at a discount rate!

Annual Ronald N. Boyce Federal Court Litigation Practice Seminar. This popular, full-day seminar features presentations by our local federal judges and magistrates. The speakers cover subjects of particular interest to federal lawyers such as changes to the federal rules, evidence issues, pretrial practice, the appellate process, ethics, and recent developments in federal law. This year, the seminar will be held on November 7 at the Little America Hotel in Salt Lake City, Utah. See Calendar of Events.

Annual Criminal Law Seminar. The Utah Chapter offers a full-day seminar designed for prosecutors and criminal defense lawyers. The seminar generally features presentations by local federal judges and other experts in criminal law. The afternoon breakout sessions will allow prosecutors and defense counsel to met separately to discuss issues of particular concern to each group. This year, the Criminal Law Seminar will be on May 2, 2008, at the Hotel Monaco in Salt Lake City, Utah. See Calendar of Events.

Tri-State Conference. The Utah, Idaho and Wyoming Chapters of the Federal Bar Association have joined forces to present a unique regional CLE conference focusing on timely federal law issues. This one-day conference was held in Jackson Hole in 2005, Sun Valley in 2006, and Park City in 2007. This year, the Tri-State Conference will be held again in Jackson Hole on May 30-31. See Calendar of Events.

“Side Bar” CLE Luncheons. The Utah Chapter's "Side Bar" Series of CLE luncheons is a unique opportunity for federal practitioners to interact with our local federal judges. The Side Bar luncheon begins with remarks from the judge, but the majority of the time is devoted to questions from the attendees. This is a perfect opportunity to ask questions and learn about the featured judge's preferences and insights into federal practice. Because this is a limited seating event, invitations are extended first to our members -- just one of the benefits of membership in the Federal Bar Association.

Pro Bono Project. The Utah Chapter provides its members with the opportunity to participate in pro bono project related to federal law. In 2007, the Chapter provided training to domestic violence shelters regarding the protections afforded by the federal Violence Against Women Act to immigrants who are the victims of domestic violence. This year, the Pro Bono Project is focusing on soliciting law firms' commitment to accept pro bono referrals, and provide pro bono support, in the Federal system. For more information, please contact the Chapter’s Pro Bono Director, Jennifer Tomchak at 532-7840.

Social and Special Events. The FBA sponsors social and special events, including our Annual Awards Dinner at which we honor an outstanding federal judge and lawyer. We also co-sponsor special events with the Tenth Circuit Historical Society. These events are a great opportunity to get to know who’s who in the legal community.

Informative Publications. Members receive the Utah Chapter’s quarterly newsletter on events and developments of interest to local federal practitioners. In addition, members receive The Federal Lawyer, published monthly by the national Federal Bar Association.

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Announcements

Tenth Circuit announces revised Criminal Justice Act panel. The Tenth Circuit has issued a revised Criminal Justice Act Plan, which includes the appointment of a new Appellate CJA Panel Administrator. Among other things, the administrator is assisting the court in forming a panel of criminal defense lawyers interested in accepting appointments to represent indigent criminal defendants at the appellate level. Further information.

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Calendar of Events

May 2, 2008
FBA Criminal Law Seminar
Time: 8:30 a.m.–3:00 p.m.
Location: Hotel Monaco, 202 South Main Street, Salt Lake City, Utah
Cost: $50 for members, $80 for non-members

May 30-31, 2008
FBA Tri-State Seminar
This year's seminar will a feature a panel discussion
with the Chief Judges of each district. The program agenda will also
include a discussion of the FBA Government Relations 2007-2008 Issues
Agenda, a discussion of environmental issues in the West, an update on
the law governing sentencing issues, ideas for reducing the high costs
of litigation, and much more.
Location: Jackson Hole, Wyoming—Jackson's Center for the Arts
CLE: A total of 9 CLE hours will be offered.
Registration: Watch for seminar brochures to be sent out in early April, or contact Kelley Anderson, 307-265-3265, for more information.
Hotel Information: Hotel rooms have been blocked at the following locations:
The Wort Hotel ($209/night, deluxe room)For reservations call 800-322-2727 or 307-733-2190 and refer to the Regional Federal Bar Association Group, Booking ID # 6886.
Snow King Resort ($125-$155)For reservations call 800-522-5464 and refer to the Regional Federal Bar Association block.
Condominiums will also be offered on a space available basis.

June 19, 2008
"Side Bar" CLE Luncheon: colloquy with Judge Michael Murphy (10th Cir.) and Michael Zimmerman (former Chief Justice, Utah Court of Appeals) on appellate issues.
Time: Noon-1 p.m.
Location: Kirton & McConkie, Eagle Gate Tower, 60 East South
Temple Street, Suite 1600
Cost: Cost (Lunch Included): $35.00 for FBA members; $40.00 for nonmembers. *Seating is limited to 70 people.
Registration: Please send your name, bar number and check
payable to the "Federal Bar Association, Utah Chapter" to:
Tricia Pannier, c/o Unishippers Association, Inc., 746 East Winchester, Suite 200, Salt Lake City, Utah 84107, (801) 487-0600

November 7, 2008
Ronald Boyce Federal Practice Seminar
Time: 9:00 a.m. – 4:00 p.m.
Location: Little America Hotel, Salt Lake City, Utah

November 12, 2008
19th Annual Utah Chapter Awards Dinner
Time: 6:30–8:30 p.m.
Location: Little America Hotel, Salt Lake City, Utah

November 13, 2008
"Side Bar" CLE Luncheon with TBA
Time: Noon–1 p.m.
Location: Kirton & McConkie, Eagle Gate Tower, 60 East South Temple Street, Suite 1600

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Chapter Newsletters

Spring 2008 newsletter

Request previous editions

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Federal Judicial Profiles

U.S. District Judge Paul Cassell

U.S. District Judge Dale Kimball

U.S. District Judge Ted Stewart

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Related Links

U.S. District Court for the District of Utah
http://www.utd.uscourts.gov/

Tenth Circuit Court of Appeals
http://www.ck10.uscourts.gov/

Utah State Bar
http://www.utahbar.org/

The Tenth Circuit Court of Appeals recently adopted a greatly revised Criminal Justice Act (CJA) Plan (see Addendum I, pp 181-186, of the 2006 FRAP/10th Circuit Rules at: http://www.ck10.uscourts.gov/downloads/rules2006.pdf). The court also filled a new position created to assist it with reviewing vouchers, developing CJA procedural training opportunities and administering a new CJA appellate attorney panel.
The court is forming an attorney panel for criminal defense lawyers specifically interested in accepting indigent defendant appointments at the appellate level. It is the court's hope that the qualified panel selected through an application/review/recommendation process will be geographically diverse and able to assure that each counsel receives enough appellate CJA appointments to keep their specialized skills and knowledge up-to-date. We hope to complete that the applicant review and selection process by mid-fall 2006.
The Tenth Circuit encourages FBA members to consider applying for its appellate attorney panel. As an update for attorneys who already have filed their applications with the Tenth Circuit, . . . the court is currently identifying and appointing the members of the standing committee (see new CJA Plan at III). The committee will then review the submitted applications and make recommendations to the court.
Interested applicants should carefully review the 12/16/06 memo on the court's Web site at http://www.ck10.uscourts.gov/downloads/cjaplanmemo.pdf regarding the CJA appointment process both before and after the panel is formed.
Application materials can then be found at http://www.ck10.uscourts.gov/downloads/cjapanelapp.pdf.