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Equal Justice Conf. Takes Aim at Rising Court Costs, Importance of Pro Bono Work

Considering the devastating long-term impacts of inadequate representation for low-income earners, the American Bar Association’s Standing Committee on Pro Bono and Public Service and the National Legal Aid & Defender Association will host the annual Equal Justice Conference later this week, according to information from the ABA.

There, experts will discuss items ranging from rising court fees that crush the poor to the importance of Pro Bono work and cost savings associated with ensuring everyone has access to legal services. The conference will take place in Chicago at The Palmer House Hilton from May 12 to May 14 and will feature 80 programs.

Panels like “It’s All about the Money, Money, Money: Criminalizing Poverty,” will “look at the increase of local governments instituting court costs, fines and fees for minor offenses, which have a devastating effect on the poor,” according to the ABA. “The inability to pay has resulted in the jailing of children and adults as well as the implementation of further debt through allowing the accrual of interest while in jail.”

Others like “Hot Topics in Legal Aid;” “Civil Gideon in D.C. and San Francisco: Challenges, Solutions and Looking Ahead;” and “Debtor's Prisons: How Pro Bono Lawyers Can Help” are also on the agenda.

Mary Ryan, a partner at Nutter McClennen & Fish and chair of the ABA Standing Committee on Pro Bono & Public Service, says one tool that can help ensure adequate legal services for the underprivileged is Pro Bono work.

Ryan says low income earners often face critical situations involving housing, custody and abuse that leave some reeling for legal aid they cannot afford. “There’s no right to counsel in cases of this nature,” she says, and even those who qualify for free services are not guaranteed they will be available.

She says, for example, in many eviction cases, landlords will have legal representation while those facing eviction do not. She said in nearly 90% of the cases of that nature, tenants are not represented. “Once you lose your shelter, that begins a downward slide,” she says, and that can have a substantial impact on families and society. 

As the poor lose shelter, social services costs rise, homeless shelter costs rise and the costs associated with the disruption in a child’s education can mount. Ryan says some solutions that have grown in popularity are an increase in “limited representation,” where lawyers charge for legal services for only the parts of a proceeding that require expert legal opinion.

For example, during divorce proceedings, there may be paperwork that the divorcing parties can fill out and file without counsel, but contentious custody battles may call for more nuanced legal volleying. She also says some lawyers have gravitated toward “incubators” that allow recent law graduates a chance to get valuable work experience if they agree to take cases helping people with day-to-day legal issues for a modest fee.

Also, she adds, technology has helped play a role in improving legal services for the poor. Or course, ensuring justice for all is a “joint effort,” she says, and requires a multifaceted approach. “Pro bono is one part of the solution,” Ryan says. Information on the program can be found here and a program here.

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