Washington Lawyer - November/December 2021 - 54

THE PRO BONO EFFECT
Saving the Lifeblood
of Our Community
By Jeremy Conrad
S
mall businesses have an
enormous impact on the
local character of a city.
They're the places that make
the food visitors rave about.
They're the venues where local
musicians develop their style, the
beauty salons where neighbors
can socialize. Small businesses
contribute to Washington, D.C.,
in numerous incalculable ways, but
also in some calculable ones.
The District's 78,313 small businesses employ
250,345 people, nearly half of the city's privatesector
workforce. These operations were
among the most deeply impacted by the
COVID-19 pandemic, and with the end of the
moratorium on eviction, many are in for some
significant challenges in the months ahead.
Some of these businesses will end up in
eviction proceedings, at which point their
owners may be in for a surprise. " Most small
businesses cannot represent themselves in
court, " says Christine Kulumani, staff attorney
for the D.C. Bar Pro Bono Center's Nonprofit
& Small Business Legal Assistance Programs.
" They're not permitted to if they're a corporate
entity. " She says that most business owners are
completely unaware of the prohibition under
D.C. Court of Appeals Rule 49 (unauthorized
practice of law). " A business can only represent
itself, or be represented by a non-attorney, as a
defendant in small claims or in landlord-tenant
court for the sole purpose of settling the case, "
says Kulumani.
This means that in eviction proceedings a small
business owner cannot assert a defense, file a
motion, bring a counterclaim, implead third
parties, or otherwise fight the case. According
to Kulumani, a lack of awareness of this restriction
too often results in default judgments
against small business defendants. The threat
to these businesses has wider implications.
" These businesses create jobs in low-income
neighborhoods. They create economic stability
and meaningful places for people to go, which
reduces crime and builds community, " says
Kulumani.
Early in the pandemic, the Pro Bono Center
established the Commercial Tenant Task Force
to help commercial tenants negotiate with
landlords and prevent illegal evictions.
Volunteer attorney Ross E. Coe, specializing in
real estate matters at Blank Rome LLP, has
worked with the Pro Bono Center's Small
54 WASHINGTON LAWYER * NOVEMBER/DECEMBER 2021
Business Legal Assistance Program for several
years, conducting trainings, providing counsel,
and representing clients. Throughout the
pandemic, he has served on the task force by
speaking to audiences remotely about their
rights and engaging in virtual clinics, providing
advice to commercial tenants about matters
like lease modification and the nonpayment of
rent. He says that the rights of a business
depend on what kind of operation it is.
" There's legislation [D.C. Code § 42-3192.01]
that's been passed to help tenants. It protects
small business tenants that have been defined
as retail tenants or commercial tenants of fewer
than 6,500 square feet that are not franchisees,
unless the franchise is owned by a District
resident, " Coe says, " but some small businesses
don't neatly fit into these categories. "
iStock

Washington Lawyer - November/December 2021

Table of Contents for the Digital Edition of Washington Lawyer - November/December 2021

Letter to Members
From Our President
Calendar of Events
Practice Management
Toward Well-Being
Reforming Conservatorship: A Battle Over Best Interests
Legal Deserts: No-Man’s Land of Affordable Legal Help
The Unfinished Work of Equal Justice for All
Pro Bono Mentoring for High-Impact Help
The Afghanistan Fallout: Broken Promises & Processes
Taking the Stand
ABA Delegate’s Corner
On Further Review
The Learning Curve
Member Spotlight
Worth Reading
Attorney Briefs
Disciplinary Summaries
Speaking of Ethics
The Pro Bono Effect
A Slice of Wry
Washington Lawyer - November/December 2021 - Cover1
Washington Lawyer - November/December 2021 - Cover2
Washington Lawyer - November/December 2021 - 1
Washington Lawyer - November/December 2021 - 2
Washington Lawyer - November/December 2021 - 3
Washington Lawyer - November/December 2021 - 4
Washington Lawyer - November/December 2021 - Letter to Members
Washington Lawyer - November/December 2021 - From Our President
Washington Lawyer - November/December 2021 - Calendar of Events
Washington Lawyer - November/December 2021 - Practice Management
Washington Lawyer - November/December 2021 - Toward Well-Being
Washington Lawyer - November/December 2021 - Reforming Conservatorship: A Battle Over Best Interests
Washington Lawyer - November/December 2021 - 11
Washington Lawyer - November/December 2021 - 12
Washington Lawyer - November/December 2021 - 13
Washington Lawyer - November/December 2021 - Legal Deserts: No-Man’s Land of Affordable Legal Help
Washington Lawyer - November/December 2021 - 15
Washington Lawyer - November/December 2021 - 16
Washington Lawyer - November/December 2021 - 17
Washington Lawyer - November/December 2021 - 18
Washington Lawyer - November/December 2021 - 19
Washington Lawyer - November/December 2021 - The Unfinished Work of Equal Justice for All
Washington Lawyer - November/December 2021 - 21
Washington Lawyer - November/December 2021 - 22
Washington Lawyer - November/December 2021 - 23
Washington Lawyer - November/December 2021 - Pro Bono Mentoring for High-Impact Help
Washington Lawyer - November/December 2021 - 25
Washington Lawyer - November/December 2021 - 26
Washington Lawyer - November/December 2021 - 27
Washington Lawyer - November/December 2021 - The Afghanistan Fallout: Broken Promises & Processes
Washington Lawyer - November/December 2021 - 29
Washington Lawyer - November/December 2021 - 30
Washington Lawyer - November/December 2021 - 31
Washington Lawyer - November/December 2021 - Taking the Stand
Washington Lawyer - November/December 2021 - 33
Washington Lawyer - November/December 2021 - ABA Delegate’s Corner
Washington Lawyer - November/December 2021 - On Further Review
Washington Lawyer - November/December 2021 - The Learning Curve
Washington Lawyer - November/December 2021 - 37
Washington Lawyer - November/December 2021 - Member Spotlight
Washington Lawyer - November/December 2021 - 39
Washington Lawyer - November/December 2021 - 40
Washington Lawyer - November/December 2021 - 41
Washington Lawyer - November/December 2021 - Worth Reading
Washington Lawyer - November/December 2021 - 43
Washington Lawyer - November/December 2021 - Attorney Briefs
Washington Lawyer - November/December 2021 - Disciplinary Summaries
Washington Lawyer - November/December 2021 - 46
Washington Lawyer - November/December 2021 - 47
Washington Lawyer - November/December 2021 - Speaking of Ethics
Washington Lawyer - November/December 2021 - 49
Washington Lawyer - November/December 2021 - 50
Washington Lawyer - November/December 2021 - 51
Washington Lawyer - November/December 2021 - 52
Washington Lawyer - November/December 2021 - 53
Washington Lawyer - November/December 2021 - The Pro Bono Effect
Washington Lawyer - November/December 2021 - 55
Washington Lawyer - November/December 2021 - A Slice of Wry
Washington Lawyer - November/December 2021 - Cover3
Washington Lawyer - November/December 2021 - Cover4
https://washingtonlawyer.dcbar.org/novemberdecember2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/julyaugust2021
https://washingtonlawyer.dcbar.org/marchapril2021
https://washingtonlawyer.dcbar.org/marchapril2021
http://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/novemberdecember2020
https://washingtonlawyer.dcbar.org/septemberoctober2020
https://washingtonlawyer.dcbar.org/julyaugust2020
https://washingtonlawyer.dcbar.org/june2020
https://washingtonlawyer.dcbar.org/may2020
https://washingtonlawyer.dcbar.org/march2020
https://washingtonlawyer.dcbar.org/january2020
https://washingtonlawyer.dcbar.org/november2019
https://washingtonlawyer.dcbar.org/october2019
https://washingtonlawyer.dcbar.org/september2019
https://washingtonlawyer.dcbar.org/julyaugust2019
https://washingtonlawyer.dcbar.org/june2019
https://washingtonlawyer.dcbar.org/may2019
https://washingtonlawyer.dcbar.org/april2019
https://washingtonlawyer.dcbar.org/march2019
https://washingtonlawyer.dcbar.org/january2019
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/november2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/august2018
https://washingtonlawyer.dcbar.org/June/July2018
https://washingtonlawyer.dcbar.org/april2018
https://washingtonlawyer.dcbar.org/March2018
https://washingtonlawyer.dcbar.org/February2018
https://washingtonlawyer.dcbar.org/january2018
http://washingtonlawyer.dcbar.org/december2017
http://washingtonlawyer.dcbar.org/November2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/september 2017
http://washingtonlawyer.dcbar.org/august2017
http://washingtonlawyer.dcbar.org/july2017
http://washingtonlawyer.dcbar.org/June2017
http://washingtonlawyer.dcbar.org/may2017
http://washingtonlawyer.dcbar.org/april2017
http://washingtonlawyer.dcbar.org/march2017
http://washingtonlawyer.dcbar.org/february2017
http://washingtonlawyer.dcbar.org/january2017
http://washingtonlawyer.dcbar.org/december2016
http://washingtonlawyer.dcbar.org/november2016/
http://washingtonlawyer.dcbar.org/october2016
http://washingtonlawyer.dcbar.org/september2016
https://www.nxtbookmedia.com