Washington Lawyer - July/August 2024 - 54

THE PRO BONO EFFECT
Making Justice Accessible
for All at the D.C. Courts
By Jeremy Conrad
T
he District of Columbia is
fortunate to have a strong
network of legal services
providers that assist lowincome
litigants for free, yet many
still appear in court without representation
in cases that can have
high stakes.
Recognizing this gap in access to justice, the
D.C. Courts seek to reduce barriers to full and
meaningful participation in court proceedings.
One way to address the problem: increased pro
bono involvement by local attorneys.
Not only does free, competent legal representation
help people living on low incomes, but it
also saves the D.C. Courts time through more
focused testimony and evidence, which in turn
allows judges to make better-informed and
more expeditious rulings.
In 2021 D.C. Superior Court Chief Judge Anita
Josey-Herring established the Superior Court
Committee on Pro Bono and Affordable Counsel,
and two years later the court created the
new position of pro bono manager to coordinate,
integrate, and expand pro bono services
across the D.C. Courts.
Washington Lawyer spoke with Associate Judge
Carmen G. McLean, cochair of the Superior
Court Committee on Pro Bono and Affordable
Counsel, and Jodi Feldman, first pro bono manager
of the D.C. Courts, about their efforts to
expand availability of pro bono services for
court users and to increase attorney awareness
of the many pro bono opportunities available
in the court system.
Why is it important for the D.C. Courts to invest
in increasing pro bono representation?
McLean: Individuals in our community are
confronted every day by issues for which they
have no right to counsel. Parents, grandfathers,
54 WASHINGTON LAWYER
* JULY/AUGUST 2024
D.C. Courts Pro Bono Manager Jodi Feldman (left) and D.C. Superior Court Associate Judge Carmen
G. McLean.
aunts . . . trying to provide safe and loving
homes for their children; a young woman seeking
a protective order to prevent actual or potential
physical harm; a single father threatened
with eviction because he is withholding rent
due to housing code violations that negatively
impact the health of his children. The vast majority
of these individuals - over 80 percent -
do not have an attorney due to a lack of resources,
and an attorney can make a significant
difference in the outcome of these cases.
During my time as a Family Court judge, I had
a child custody case where one side had a lawyer
and the other side did not. We had a trial,
and based upon the facts that were admitted
into evidence and considering the legal elements,
I gave custody to the side with an attorney.
Less than a year later, the side without an
attorney had located pro bono counsel and
requested a new trial.
The pro bono counsel focused on factual development,
including obtaining medical records.
We had another trial. At the end of that
trial, with the same legal elements and with the
new factual record, I reached the opposite conclusion.
That time, I was more confident that
I was making my decision based on what was
best for the children because the pro bono attorney
had done an excellent job of developing
the facts.
How pivotal is the role of pro bono attorneys
in expanding access to justice?
McLean: Pro bono attorneys have a tremendous
impact on access to justice. They do so
outside of the courtroom by advising clients on
the merits of their positions - which positions
they should move forward [with] and which
[ones] they should not - negotiating with opposing
parties from a more equitable position,
and, often, reaching favorable settlements.
These efforts improve access to justice, not
only for the individuals they represent, but also
the court, [allowing it] to concentrate on those
cases that do require a judicial decision.
John Murph

Washington Lawyer - July/August 2024

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