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Bar News - February 21, 2003 Unlocking Access to Justice for ‘Catch-22’ Clients Bridging the Gap MANY ATTORNEYS BEMOAN the fact that legal services are often unaffordable to clients with modest means whose incomes disqualify them from legal service programs for the poor. If you care about bridging the gap for working people, there is something you can do about it: participate in the Bar's Reduced-Fee Referral Program. It's a program that offers benefits to the attorneys at the same time that they are performing an important public service. Operated in conjunction with the Bar's Lawyer Referral Service, Reduced-Fee assists families who are in a catch-22 - they earn too much for Pro Bono or free legal services, but too little to afford standard legal fees. Reduced-Fee cases include contract disputes, class B misdemeanors, bankruptcy, and divorce, among other issues. "It's an excellent source for establishing a client base," said panel member Jeremey Miller of Concord, who was admitted to the NH Bar in 2000. He said that Reduced Fee is "like having a partner who screens and assigns cases to you, although with Reduced-Fee you still have the discretion not to take the case." Both new and more experienced attorneys who take Reduced-Fee cases find the program a worthwhile one. It helps to address the under-served legal needs of a particular segment of the state's population, and is a great way to generate new clientele. "A large and growing percentage of our state citizens have legal representation needs currently unmet," said Patrick Harrigan of Portsmouth, a longtime member of the Reduced-Fee panel. "The New Hampshire Bar Association must address this void in legal services for low-income citizens, or face the prospect of the state legislature doing so." Participation in Reduced-Fee has a business benefit for attorneys, Harrigan said. "For small firms or newly admitted attorneys, participation in the program helps cash flow and grows your business. My experience with Reduced-Fee cases has been positive, with the clients usually paying their agreed-to fees, and sometimes returning for other legal matters." Miller concurred with Harrigan about the public service aspect of the Reduced-Fee Program. "Reduced-Fee has opened the door to clients who are in need of assistance and are capable of paying a lesser fee, but who would not have approached an attorney without this program," he said. There is a great need for more attorneys to join Miller, Harrigan and the other Reduced-Fee panel members, according to Virginia Martin, the NH Bar Association's associate executive director for legal services. "We find a lot of families with household earnings of $11 or $12 per hour who want representation, but cannot afford to pay regular attorney rates," said Martin. "These are usually working folks with incomes over the financial guidelines for Pro Bono. Unfortunately, sometimes the Reduced-Fee Program has to turn away callers seeking legal help because we have too few panel attorneys to meet the demand." Supported in part by the New Hampshire Bar Foundation's IOLTA Program, Reduced-Fee assists families and individuals with household incomes up to 250 percent of federal poverty guidelines. For a family of two, the income limit is $27,985, and for a family of three, $35,203. "We have improved financial screening to try to assure clients have the capacity to pay some level of attorney's fees," said Martin. "It is essential to the program's integrity and future that Reduced-Fee function as intended for both attorneys and clients." To participate, attorneys must carry malpractice insurance and agree not to charge eligible referred clients more than $75 per hour. For more information about joining the Reduced-Fee panel, contact Robin Brown at rbrown@nhbar.org or at 224-6942.
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