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Bar News - March 18, 2005


2004 - A Pro Bono Year for the Bar: Pro Bono Reaches More than 1,000 Clients

By:

Last year the Pro Bono Program linked more than 1,000 low-income people (including soldiers receiving basic estate planning services) with volunteer attorneys. To be precise-1003! This figure represents the most client-attorney matches in one year since the reconfiguration of legal services in New Hampshire implemented more than nine years ago. We attribute the accomplishment of this milestone to a variety of factors: diversification of legal cases and funding sources; enhanced supports for attorneys; an experienced staff; and renewed attention to the importance of volunteer attorneys in legal services delivery by the larger legal community.

While the numbers alone are significant, the real story is about the people behind the numbers: the struggling single parents, special needs children, unemployed workers, victims of abuse, fragile seniors and others who have called on and received critical legal services in their times of need.

84 NEW ATTORNEYS ADDED IN 2004

Before recounting some of these stories, it is important to note that Pro Bono added 84 new attorneys to the panel in 2004. These new volunteers were recruited through a variety of means, including e-Bulletins and CLE programs, as well as direct calls by staff and volunteers. The strides of the Pro Bono program in the past year would not have been possible without the donated services of attorneys throughout New Hampshire who work with the Pro Bono Program to bring legal services to those members of our communities living in stunted economic circumstances.

MATCHING LEGAL NEEDS
WITH PRO BONO SERVICES

Each person has a story and by the nature of our work, Pro Bono often encounters people when hardship and heartache have overtaken the narrative of their lives. The power of Pro Bono is in its capacity to marshal and coordinate volunteer attorneys to resolve or at least ameliorate the legal problems in which low-income people may find themselves enmeshed.

The legal issues and needs of the people we serve are varied, sometimes complex and always colored and/or exacerbated-if not caused-by poverty. Their stories are interwoven with highlights of activities we have pursued and issues we have identified in the past year.

FAMILY LAW

For some, the work of the Pro Bono Program is still synonymous with divorce. In reality, during 2004 family law cases (including DOVE) comprised only 64 percent of theProgram's new case referrals. Yet, there is no question that low-income people have significant legal needs in this realm and that client demand outstrips Pro Bono's resources. Many individuals are pursuing their cases pro se-some by choice-but many due to lack of options and limited resources for free legal services.

The seriousness of the family law "problem"-especially lack of affordable representation-is underscored by the attention given the topic by the courts, legislature and Bar. Recently unveiled, the Family Law Taskforce provides a roadmap for changes in the system and recommends greater private attorney involvement in providing free legal services.

The Pro Bono Program and Board, along with Bar committees, including the Delivery of Legal Services Committee, are analyzing findings and recommendations, weighing in with concerns, suggestions and priorities.

DIVORCE CAMP

One of the ways Pro Bono is addressing the need for more resources to meet client demand for divorce representation is to recruit and train new attorneys-but not just in the "usual" CLE format. The special hands-on approach developed by Pro Bono and LARC held in November/December called "Divorce Camp" entailed three evenings of discussion and presentations by attorneys, court clerks and marital masters, attended by 13 attorneys. Course attendance required all attorneys to handle a Pro Bono divorce case. Attendees received court forms on disk, the Pro Se Divorce Booklet, a manual of reference materials and articles as well as mentor assignment-all the tools to encourage success and retention.

FAMILY LAW SECTION

Among other efforts to facilitate more participation and expand the referral process, Pro Bono is utilizing its access to the Bar's listserv for the Family Law Section. The concept is to post summaries (without confidential, identifying information) periodically on the listserv to apprise members of the clients awaiting critical legal services. While Pro Bono connects with the section in other ways, visibility on this active listserv provides immediate access to potential volunteers.

SPECIAL EDUCATION

Developed only recently, Pro Bono now enjoys a partnership with the Disabilities Rights Center to utilize the strengths of both programs to address the need for legal services by families of children with special educational needs. The lack of resources had become extremely acute, with few low-income or modest means families able to access representation, free or otherwise. Funded in significant part by the Bar Foundation's Justice Grants Program, a two-part training series prepared attorneys to handle special education cases, from presentations by the most knowledgeable attorneys in this field to comprehensive reference materials and mentors. Now, just a year and a half later, Pro Bono has 43 attorneys signed on to handle special education cases, up from zero!

HOUSING/SHELTER

No one would dispute the fact that shelter is a basic need for everyone. Yet, the high cost and minimal availability of affordable shelter continue to stand out as major problems and/or insurmountable obstacles for families and individuals trying to find or keep a warm, dry place to live. New Hampshire Legal Assistance (NHLA) concentrates its limited resources largely on systemic issues, public and fair housing issues, when it comes to representing low-income people facing eviction. Pro Bono has stepped up to the plate to help fill in the gap in services involving private landlord-tenant problems via coordination of attorneys signed on to meet this need.

LOW-INCOME TAXPAYER PROJECT

Funded in part by the Internal Revenue Service, this project is the first and only one of its kind in New Hampshire. At first glance, one may think the low-income population has little to no chance of being audited, or feel it is a waste of time for the IRS to attempt to collect from a low-income taxpayer. Statistically, however, the working low-income population has the greatest likelihood of being audited-a one in four chance if they apply for the Earned Income Tax Credit (EITC). Whether it is an audit involving the EITC or, as with other taxpayers, issues around deductions, exemptions or filing status, low-income taxpayers can find themselves in dire straits with the IRS that can be devastating in scope.

During 2004 alone, the project provided assistance (information and/or referrals) in 65 tax matters, distributed 1550 newsletters to low-income people and service organizations and trained two dozen advocates and attorneys at a special continuing legal education seminar held last fall.

DEBT/CONSUMER

Consumer debt is at record highs and many low-income families and seniors in New Hampshire confront creditor harassment, high interest rates and spiraling financial obligations without knowing where to turn. One elderly woman told Pro Bono that she was on the verge of suicide because she could see no way out of her dire financial straits as the constant dunning phone calls wore her down and shattered her peace of mind.

Pro Bono services/referral for bankruptcies have more than doubled since 2000, with 189 new case referrals in 2004 alone. This jump mirrors the overall New Hampshire experience as evidenced by US Bankruptcy Court statistics showing a 23 percent increase in all bankruptcy filings in the Granite State between 2002 and 2003.

LOOKING AHEAD TO EMERGING ISSUES

On March 11, Pro Bono, in collaboration with the NHBA CLE Program, sponsored a training seminar on Veterans Benefits, a program co-sponsored with the Bar's Military Law Section. As always, Pro Bono will try to respond to emerging and emergency client needs as they arise. One of the program's greatest and most enduring strengths is its capacity to shift gears when necessary to take on new challenges and find new ways to address old problems.

If you are interested in finding out more about Pro Bono, contact Martin at gmartin@nhbar.org or call (603) 224-6942.

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