Washington Lawyer - July/August 2024 - 55

THE PRO BONO EFFECT
When they do make it to the courtroom, whether
or not they are subject matter experts, pro
bono attorneys have the training to understand
that they need to make arguments based on the
law and to present facts related to relevant legal
elements. This gives their clients greater access
to justice by ensuring judges are able to make
decisions on a better record.
How does pro bono work benefit attorneys?
McLean: There are so many benefits to an attorney
who takes on work in Superior Court.
First, they can positively contribute to the community
in which we live. We have neighbors
doing their best to live safely, to care for their
children, and to care for themselves, with very
limited resources. Second, pro bono attorneys
can be part of a case, from start to finish, which
gives them a firsthand view of how the decisions
an attorney makes early in a case can impact
the ultimate resolution.
Finally, pro bono attorneys can get practical
legal experience. I spent nearly 18 years as a
lawyer at Jones Day, first as an associate and
then as a partner, and I used pro bono work in
Superior Court as a means of taking control of
my career. Pro bono cases led to my first negotiations
with opposing counsel, depositions,
evidentiary arguments, opening statements,
closing statements, drafting findings of fact,
conclusions of law . . . These experiences made
me a better lawyer, which in turn helped me
in my billable work.
[Pro bono] work made me feel like I played a
small part in making people's lives better. I represented
a father of four working hard to make
his home safer for his children. I represented a
mother adopting a child with HIV out of the
neglect system. The time I gave to these clients
was so small in light of the time they were dedicating
to others, but it was very valuable to
them.
What types of pro bono opportunities are
available in the D.C. Courts?
Feldman: The greatest need is in D.C. Superior
Court's high-volume branches where thousands
of litigants navigate the court system
each year without the benefit of counsel.
Pro bono lawyers can help a family avoid eviction
through representation in the Landlord and
Tenant Branch. They can also bring a housing
conditions case for a family whose health and
safety are compromised because the landlord
has failed to keep their property maintained in
compliance with the D.C. Housing Code.
In the Family Court's Domestic Relations
Branch, pro bono lawyers can represent parents
or third-party caregivers in child custody
cases. We also need more pro bono lawyers to
serve as guardians ad litem, representing the
best interests of children involved in custody
disputes. A guardian ad litem helps the court
by providing information necessary to make
the best possible decision.
More pro bono lawyers are needed to represent
petitioners seeking civil protection orders
in the Domestic Violence Division. Respondents
in these cases would benefit from representation,
as well. Typically, neither party is represented
in a civil protection order case.
Those are some of the areas of greatest need,
but there are many other ways to get involved.
Pro bono lawyers are needed to represent individuals
who are being sued in debt collection
matters or facing mortgage foreclosure proceedings.
Pro bono help also is needed in probate
cases. In most every area on the civil side
of Superior Court, there's a need for more pro
bono participation.
Attorneys and other professionals can serve as
volunteer mediators in Superior Court's MultiDoor
Dispute Resolution Division. Lawyers can
also volunteer onsite by providing legal information
to unrepresented court users at courtbased
self-help centers.
In the D.C. Court of Appeals, lawyers can represent
clients in litigating their appeal or provide
limited-scope services representing a client in
the mediation process. The appellate mediation
program isn't available to parties who do
not have counsel.
How are the D.C. Courts connecting attorneys
with pro bono opportunities?
Feldman: We've organized several events that
bring lawyers to Superior Court to learn about
the available pro bono opportunities and how
they can get involved.
At our regularly scheduled Superior Court open
houses, held in partnership with the Washington
Council of Lawyers, attorneys (and law students)
observe proceedings in the high-volume
branches such as Domestic Relations,
Domestic Violence, and Landlord and Tenant,
and have candid conversations with judges.
Lawyers who attend the open houses can see
firsthand and hear directly from judges about
the impact they can make. Legal services lawyers
from organizations such as the D.C. Bar Pro
Bono Center, Children's Law Center, DC Volunteer
Lawyers Project, Legal Aid DC, and others
help lead the open houses and connect attendees
with pro bono opportunities, as well
as explain the training and support that their
organizations provide to pro bono attorneys.
We also hosted a special event cosponsored
by the D.C. Bar Early Career Lawyers Community
called " Get to Know Pro Bono in Superior
Court, " where we brought together judges, D.C.
Bar leaders, and legal services organizations. It's
been incredibly rewarding to see lawyers getting
involved after attending these events.
We also have judges go out into the community,
whether it's speaking at a pro bono training
organized by a legal services organization or
thanking the volunteers at the D.C. Bar Pro
Bono Center's monthly Advice & Referral Clinic.
We want lawyers who volunteer to know that
the judges recognize their contribution and appreciate
their participation.
I've also collaborated with the D.C. Courts'
communications team to produce a series of
short videos, posted on social media, where
lawyers talk about why they choose to take on
pro bono cases. The peer-to-peer messaging
and encouragement are impactful. It's inspiring
to hear the lawyers share how doing pro bono
work in the D.C. Courts has helped them learn
more about our city and give back to the community
where they live and work.
McLean: We want to humanize judges at many
of these events because, I'm told, we can be a
little scary at times. We want to make Superior
Court more accessible and for pro bono attorneys
to understand, firsthand from judges, the
value of their work. We're also doing things behind
the scenes, including training judges and
clerks to make Superior Court more accessible
to all of those who are providing free or lowercost
legal services to reduce barriers to full participation
in the court system.
We are open to feedback. We are open to adjusting
our approaches to best meet the needs
of legal services organizations, or law firms, so
we can help make pro bono in Superior Court
accessible. We also have a tremendous committee
of committed lawyers and judges brainstorming
on these issues.
Reach D.C. Bar staff writer Jeremy Conrad at
jconrad@dcbar.org.
JULY/AUGUST 2024 * WASHINGTON LAWYER 55
Washington Lawyer - July/August 2024

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