Legal Aid’s Pro Bono Practice is organized around distinct legal projects established at participating law firms. Projects described in Exhibit A often originate in discussions where Legal Aid attorneys express the need to obtain pro bono assistance to fulfill critical legal needs of clients in the area of the lawyers’ expertise. Formulating a pro bono project with Mr. Weschler and Ms. Halpern includes defining the scope of the pro bono representation, determining the kinds of cases for pro bono assignment, preparing a CLE training program and manual, and providing case mentoring and other support.
Throughout the year, Legal Aid meets with Pro Bono Committees and Pro Bono Liaisons at participating law firms to learn more about their current pro bono activities and discuss the broad range of Legal Aid’s pro bono projects and cases. Firms also invite Legal Aid to meetings with associates and partners who are interested in asking questions and learning about the Legal Aid pro bono program. Legal Aid lawyers describe pro bono opportunities in their fields of practice, often highlighting the pro bono areas the firm recognized as being of particular interest.
Mr. Weschler and Ms. Halpern meet as well with the leadership of several new firms each year, identifying pro bono projects with Legal Aid that strengthen the firms’ overall programs – for example, establishing a First Year Associate Program, concentrating on cases for non litigators, and so on. We would be glad to meet with your firm. Please contact Ms. Halpern to set up a meeting.
A law firm interested in establishing a new project makes a commitment to Legal Aid to organize a critical mass of its attorneys, to represent a specific number of Legal Aid clients annually, and to provide partner leadership. The Legal Aid lawyers who developed the model become the mentors for the firm’s new project. They customize a CLE training program and assign cases in consultation with the coordinating partner. Their continuity in mentoring aids the volunteer attorneys in learning the practice and developing effective case strategies – valuable training and skill-building that also benefit Legal Aid clients. Mr. Weschler and Ms. Halpern continue in a collaborative role with the Pro Bono Liaison in establishing the new project, supporting existing projects, and strengthening the panoply of the firm’s pro bono activities with Legal Aid.
Cases that do not lend themselves to a law firm pro bono project usually are assigned through Legal Aid’s liaison network. Descriptions of available pro bono cases are compiled periodically by Ms. Halpern. She emails case lists to the Pro Bono Liaisons at law firms actively participating in Legal Aid’s pro bono program.
Training materials relevant to the types of cases that may be assigned individually as discussed above can be found in the Library section of the NYC Pro Bono Center website. Co-hosted by Legal Aid and the City Bar Justice Center (the legal services arm of the New York City bar), the NYC Pro Bono Center site was launched as part of Pro Bono.Net in order to provide volunteer lawyers throughout New York with access to pro bono practice materials, information about volunteer opportunities, CLE training programs, and related pro bono information. The site requires registration; it provides a brief application form to submit in order to receive full online access.
All pro bono referrals are made on behalf of Legal Aid’s clients, who have been screened by our attorneys for legal merit and financial eligibility. In the overwhelming majority of cases, Legal Aid continues as Attorney of Record, and law firms and their attorneys serve as Of Counsel. The “Of Counsel” arrangement means that the law firm does not formally appear on papers as counsel of record. That, however, does not affect the status of responsibility of the Participating Attorney as attorney for the client, and the Participating Attorney is subject to all the ethical obligations owed to that client. Other arrangements may be used in particular cases, including affirmative litigation matters in which Co-Counsel arrangements predominate. A Legal Aid attorney remains on the case as a mentor until final disposition. All volunteers handling Legal Aid cases are covered by Legal Aid’s professional liability coverage.
Complex affirmation litigation, which develops professional skill sets and serves the public good, is a highly sought-after pro bono opportunity. Legal Aid co-counsels new cases with a participating firm, which assumes responsibility for the expenses of the litigation. The retainer agreement between Legal Aid and the participating law firm addresses this and other issues governing the co-counsel relationship.