Articles
June, 2004
By Sean Groom
Washington Lawyer
Courthouse Pro Bono
Two projects of the D.C. Bar Pro Bono Program offer alternatives
to traditional pro bono representation, while improving access
to justice for District residents.
On a rainy Tuesday in March, litigants shuffle into Building
B of D.C. Superior Court headed for the landlord and tenant
branch. At 9 a.m. roll call, the courtroom's benches
are full and late arrivals seek out the room's back
corners.
Dressed in suits and carrying reams of files, the landlords'
attorneys are easily identified in the first few rows to the
judge's left. The remainder of the seats are filled
with hundreds of litigants who are overwhelmingly African
American, appear to be from the ranks of middle- or low-income
earners, and with few exceptions are unrepresented. These
are the tenants-young women alone, older couples, and
a few families with fidgeting young children. Some clutch
their documents wrapped in plastic shopping bags, but most
do not have any supporting papers.
One woman, absorbed in her handheld video game, never looks
up during the morning proceeding. The others, however, shift
in their seats, trying to get a clear view of the bench and
strain to hear every word of the judge's opening statement.
The concern in the room is palpable-most believe that
their housing status is going to be determined for them on
this day. Most find the proceedings confusing, and their lack
of understanding adds to their anxiety. The fact that many
of the landlords are represented by attorneys increases their
uneasiness.
During her opening statement, the judge tries to ease some
of the apprehension by explaining how the day will proceed
and delivers a quick overview of the litigants' rights.
She stresses that a landlord's attorney is not a city
official or employee and that tenants are not required to
talk to the other party's attorney. Litigants, she says,
can take advantage of several resources at the court. On this
particular Tuesday, she tells the crowd, the new Landlord
Tenant Resource Center can answer their questions, whether
they are tenants or landlords.
Just down the hall, two attorneys and a legal assistant from
Arnold & Porter LLP sit with D.C. Bar Pro Bono Program
supervising attorney Mark Herzog, who are all waiting to answer
questions of pro se litigants and explain their legal options.
After roll call the tenants and landlords begin trickling
into the office, asking the legal assistant if this is where
they can talk to someone about their case.
A few hours later, across the square in the lower level of
the Moultrie Courthouse, three other volunteer attorneys gather
in a small office and ready themselves to answer questions
of pro se litigants appearing in family court. At noon the
first customer of the day walks through the door and, in a
scene that is repeated nearly 200 times each month, one of
the volunteer attorneys sits down with her to discuss her
case and offer some guidance.
The attorneys in the Landlord Tenant Resource Center and
the Family Court Self-Help Center participate in the District's
newest pro bono projects, coordinated by the D.C. Bar Pro
Bono Program, which is funded by voluntary contributions and
grants. For unrepresented litigants, the centers offer possibly
the only real resource available to them so they can proceed
better informed and better prepared. For attorneys, the centers
offer an alternative to providing traditional pro bono representation.
For the court, the centers improve the administration of justice
for District residents unable to afford representation.
Self-help centers are springing up at courts around the country
as the judiciary seeks ways to help the increasing numbers
of pro se litigants. Ensuring that unrepresented individuals
understand courtroom procedure and their legal options is
important to improving access to justice and maintaining faith
in the legal system among those unable to afford representation.
Volunteer attorneys now help to fill a tremendous need at
Superior Court. The family court and the landlord-tenant
court are overwhelmingly populated with pro se parties. Attorneys
at the two resource centers do not provide representation
or even legal advice; rather they dispense information about
the law and procedure, and help litigants understand the options
available to them. On one level, they might be considered
ambassadors for the judicial system.
Family Court Self-Help Center
The Family Court Self-Help Center began as a pilot program
in November 2002. The idea was developed with the court by
a group of family law practitioners who, from their experience,
saw a need to provide assistance to pro se litigants. The
need for such a resource, according to Judge Lee Satterfield,
who presides over the family court, is obvious. "We
have a very high rate of families that come in that cannot
afford attorneys," he says.
In fact, about 75 percent of the cases filed in the domestic
relations branch are pro se. In the 2,000 paternity and support
cases filed annually in Washington, 90 percent of the respondents
are unrepresented.
Nancy Lopez, cochair of the D.C. Bar Family Law Section when
the self-help center was proposed, says there seems to be
a growing gap between the number of litigants who qualify
for pro bono representation and those who can afford their
own attorney. "There were lots of people with domestic
relations cases who needed a little bit more help or direction
and guidance than what the clerks in the clerk's office
could give," she says. "There are people from
the Legal Aid Society and other places that would give some
people full-fledged representation, but they couldn't
help everyone. So there was a gap where people needed a little
bit of guidance and direction to get things filed and make
things move smoothly for them, the clerks, and the court.
We thought we could facilitate things for a lot of people
by providing that little bit of help."
Meanwhile, family court practitioners experienced the effects
of the large number of pro se litigants. The most obvious
place that unrepresented litigants turned when they had questions
was the clerk's office. As a consequence, attorneys
found themselves waiting in long lines to file papers. Not
only was the lawyer frustrated, having to wait behind several
litigants trying to determine what forms they required and
how to fill them out, but the litigants and clerks also found
the process aggravating.
When a litigant asks a clerk questions about her case, the
clerk is put in a compromising situation. The clerk likely
knows the answer to the question and would like to provide
good customer service, but clerks are not allowed to dispense
legal advice. For the pro se litigant, this just adds insult
to injury. She does not understand the system and the court's
representative cannot answer her questions. Because they do
not understand the system and cannot get satisfactory assistance,
unrepresented litigants often lose confidence in and develop
hostility toward the justice system.
In reaction a group of family law practitioners began working
with the family court on a planning committee to set about
proposing a resource center for the court. On behalf of this
group, Margaret McKinney, of Delaney McKinney Clark LLP and
a member of the D.C. Bar Family Law Section, and Valerie Despres,
family law supervising attorney of the D.C. Bar Pro Bono Program,
wrote the proposal and officially submitted it to the court
in October 2002. The court promptly signed off on the idea.
Almost immediately the two sponsoring groups-the D.C.
Bar Family Law Section and the D.C. Bar Pro Bono Program-started
holding meetings to work on setting up their envisioned center,
and they were soon joined by a coalition of interested parties,
including the Women's Bar Association of the District
of Columbia and the Women's Bar Association Foundation,
Steptoe & Johnson LLP, and the family court. Within a
month the center was operational in a twice-weekly pilot stage.
The timing of the center proposal could not have been better.
As a result of the congressional scrutiny that produced the
Family Court Act of 2001 and created a new family court within
D.C. Superior Court, the court was inclined to look at its
operation and, as mandated by the act, seek ways to make it
accessible to the District's citizens.
Judge Satterfield says, "One of the things that the
Family Court Act indicates is that we should do things to
make this court family friendly, and provide information that
is understandable and accessible to the families that come
into this court, and [the self-help center] is consistent
with that. . . . It was very timely that they came up with
this proposal."
In addition to volunteers providing information to unrepresented
litigants, the center also offers sample pro se pleadings
and forms with easy-to-understand instructions. The center's
volunteers often help litigants complete these forms in order
that they may file a complaint for custody or respond to a
child support action. Developed several years ago by the D.C.
Bar's Family Law Representation Committee, these forms
and instructions have become national models that address
access-to-justice issues for pro se litigants. The committee
is currently working on a new generation of sample pleadings
that will be even more accessible to litigants and suitable
for use on the World Wide Web.
The goal of making courtrooms more accessible to pro se litigants
is not limited to the family court, however. According to
Satterfield, one of the Superior Court's strategic goals
is to provide easily accessible and understandable information
to all self-represented individuals throughout the court's
divisions. The proposed center clearly fits the bill, and
the court gratefully offered office space for the volunteers
and equipment for the office. The court continues to be very
supportive of the program, and has since been able to provide
the services of a clerk. The goal is for the court eventually
to staff the program rather than rely strictly on volunteer
attorneys.
The center offers a range of support to pro se litigants.
It serves as a reference depository with brochures and videos
to explain issues, stockpiles of court forms and pro se pleadings,
and information about and referrals to legal and community
service providers. It also offers access to free seminars
and workshops, and individual assistance from a volunteer
attorney.
Currently, about 80 volunteers staff the center on Mondays
and Fridays between 9 a.m. and 1 p.m. and Tuesdays and Thursdays
between noon and 4 p.m. Many of the volunteer attorneys have
family law practices and each day the self-help center is
staffed with at least one of these experts. But the majority
of attorneys earn their money in other practice areas. All
of the lawyers, however, participate because they believe
there is a clear need for this service and find that it broadens
professional and personal perspectives.
Monica Jahan Bose, an associate at Arnold & Porter LLP,
responded to e-mail about the program from the firm's
pro bono coordinator asking if she would be interested in
volunteering at the center. In the past Bose had taken on
two domestic relations cases pro bono and the firm's
coordinator thought this might be a good fit. Bose attended
a training session and thought the program seemed worthwhile,
but initially had some reservations. "I have to say,
the first time I went to the self-help center I was a little
skeptical. Is this really the best use of my time as a volunteer
lawyer? But after doing it a couple of times, I feel pretty
strongly that it is a huge service, even if you are an experienced
[domestic relations] attorney."
Bose practices environmental law concentrating on regulatory
issues, compliance counseling, and litigation, but she has
gained a knowledge of domestic relations law through her volunteer
activities. While working in Arnold & Porter New York
office, she volunteered at Sakhi for South Asian Women and
counseled battered women on their legal options. One of the
immigrant women she met at the counseling center asked for
help attaining a divorce and Bose ended up representing her
in a divorce action against an abusive husband with U.S. citizenship.
Bose learned a great deal about domestic relations law in
the process and came away with a perspective on family law
from the viewpoint of unrepresented litigants. "It's
very hard and it's very complicated," she says,
"for nonlawyers to navigate the system. . . . The courthouse
is pretty intimidating. There are a lot of helpful employees
there, but it's still intimidating [to pro se litigants],
with a lot of different lines and different forms."
Of course, pro se litigants do not choose to be unrepresented.
They cannot afford to hire an attorney, and this inability
creates an access-to-justice issue. "It's very
expensive to hire a lawyer for a divorce, and some people
can't afford it," says Bose. "It's
a real problem here in D.C., where we have a large low-income
population."
According to Nancy Lopez, many visitors to the center "are
people who make too much money to qualify for a pro bono attorney,
but not enough to hire their own attorney, and are trying
to figure out the system by themselves."
The system is geared toward those with specialized knowledge,
and Bose has come to believe that this should not be the case.
Bose, who is very passionate on the issue of access to divorce,
has found that the procedural nuances of the court can stand
in the way of people ending a bad relationship. For instance,
a husband filing to get a divorce needs to give a copy of
the filing to his spouse and must present signed paperwork
that the divorce papers were served. Many people unfamiliar
with court procedures fail to document this properly.
Says Bose, "There are so many people that need a divorce
in D.C. and can't afford to have a lawyer. You should
not have to pay a lawyer if you don't have any complicated
issues. You should be able to get married and divorced on
your own without having to spend a fortune. It's really
a human right!"
Unfortunately, it is not just the two adults seeking a divorce
who are affected by pro se missteps in family court. The children's
quality of life is also at stake. According to those who volunteer
at the center, family court litigants using the center are
most often looking for help trying to get child custody, amend
a visitation agreement, or modify child support payments.
Matthew Pavuk, of Johnson & Pavuk, is an experienced
family law practitioner and one of the attorneys who volunteer
at the Family Court Self-Help Center. As the family law expert
when he is at the center, Pavuk serves as an information resource
for the other attorneys in addition to counseling visiting
litigants. By leveraging his expertise, the center is able
to recruit many more volunteer attorneys to effectively assist
pro se litigants. Recently, several of the city's most
prominent domestic relations law firms have committed to providing
expert mentors, like Pavuk, on a regular basis.
However, helping pro se litigants often is just a matter
of assisting them to fill out forms, and significant family
law expertise is not required. Says Pavuk, "They know
what they want, but the forms are a little bit daunting, even
though they were designed for pro se litigants. A lot of times
it is just a matter of giving them the right name for what
they are trying to do and suggesting a path for them to follow."
During the session with a pro se litigant, the attorney gains
a glimpse of the person's life and problems. However,
the attorney seldom knows how the situation is resolved. These
moments can prove somewhat unsettling for the attorney.
Monica Bose knows the feeling. One litigant at the center
sought to change her visitation rights through the court when
she began to suspect her daughter was being abused. The woman
entered the center to learn of her options and how different
actions would affect her pending case and her daughter's
life. Reflecting on that day, Bose says, "I remember
that night, not being able to sleep and thinking, 'Oh
my God, I wonder what she decided to do. I wonder what is
going to happen to her little girl.' "
It is not unusual for pro se litigants using the center to
return several times. Often litigants will use the center
as a resource at each stage of their case to ensure that they
have filled out the appropriate forms in the proper manner,
to ask about legal options at a particular juncture, or just
for some hand-holding from a trained lawyer.
Their response to this support has been highly favorable.
"They seem very appreciative," says Pavuk. "The
feedback is very positive and very thankful." In fact,
the litigants are surveyed after using the center. One typical
comment reads: "I was worried before coming here and
did not know how to proceed with my matter. I now feel confident
with the help and information I was given that I can proceed
with getting my matter resolved."
The judges also appreciate the effect the center has had
on improving pro se litigants' experiences with the
court. Judge Satterfield says, "[Because] of the press
of business in the court, even if everybody is doing their
job right and being polite, there is still a certain amount
of frustration that comes with lack of understanding, and
the [self-help center] helps to bridge that gap that exists
with the lack of understanding so that frustration levels
go down."
Pavuk has seen litigants' frustrations and anger melt
once they understand how and why to do things. "Many
times, when people are angry, just being able to sit and calmly
talk over the problem with them and try and steer them in
a little bit different direction produces very, very good
results."
Unrepresented litigants' praise for the center confirms
Satterfield's and Pavuk's comments. After visiting
the center, one relieved customer wrote on her survey form:
"I understand now what was requested of me by the judge
and all it took was talking to someone who understood the
language."
Testimonials of this sort are all the justification needed
for the self-help center in Satterfield's mind. "We
are lawyers, and we have this legal way of doing things, but
it is our job to help them understand the process, so at least
if they walk away unhappy, it's not because they didn't
get a fair shake and they didn't understand everything.
They may be unhappy because the decision went against them,
and that is not unusual in family law cases, but we want them
to walk out feeling that they had a fair decision and that
they had all of the information they could get."
Because the center succeeds so well in this aspect, the court
is committed to continuing the program and eventually assuming
responsibility for the center.
Although the court did not receive funding from Congress
for the center in fiscal year 2004, it has requested funding
for 2005, and Satterfield is hopeful that it will be granted.
Once the money is appropriated, Satterfield says, the court
will be ready to take over coordinating and supervising the
center. "We've got the plans and we know the number
of people we need and the level of experience [required].
That's all done and it's been taken care of for
a while."
Landlord Tenant Resource Center
As in the family court, cases with pro se litigants dominate
the landlord and tenant branch of D.C. Superior Court. Historically,
the number of cases filed every week in this court is in the
neighborhood of 1,000. Last year landlords filed 48,000 actions
seeking summary eviction of tenants. In these cases over 99
percent of the tenants were not represented by counsel and
about 14 percent of the landlords appeared pro se. For these
litigants, regardless of the facts or merits of their cases,
tenants without representation face a much higher likelihood
of having judgments entered against them and inexperienced
pro se landlords are at greater risk of having their cases
dismissed, often because of procedural missteps.
The Landlord Tenant Resource Center grew out the recommendations
of a 1998 report by the Landlord-Tenant Task Force,
which was charged by the D.C. Bar's Board of Governors
with identifying ways to improve due process and access to
justice in the landlord and tenant branch. In November 2002
D.C. Bar president George W. Jones Jr. created the Landlord-Tenant
Implementation Committee to put into practice as many recommendations
of the task force as possible.
As at the Family Court Self-Help Center, volunteer attorneys
in the Landlord Tenant Resource Center do not represent clients
and do not provide legal advice. Their raison d'être
is to help litigants without counsel navigate the system and
understand the procedures that govern their particular situations.
The Landlord Tenant Resource Center opened its doors on January
13, 2004. During the pilot phase, which ran through March,
Arnold & Porter staffed the center two days a week, helping
to refine the center's operation. By April the center
had demonstrated that it clearly met a substantial need in
the landlord-tenant court and expanded its coverage
to three days a week, with a fourth day every other week,
thanks to additional teams of volunteers from Skadden, Arps,
Slate, Meagher & Flom LLP; McDermott, Will & Emery;
and Perkins Coie LLP. As attorneys and legal assistants from
other firms who have committed to the center are trained,
including volunteers from Dickstein Shapiro Morin & Oshinsky
LLP, Wilmer Cutler Pickering LLP, and Fried, Frank, Harris,
Shriver & Jacobson LLP, the center will move toward providing
services five days a week.
The vision of the committee is for the Landlord Tenant Resource
Center to provide a range of services with a variety of resources
for unrepresented litigants. And the court is quite eager
to see this all happen.
According to Judge Joan Zeldon, deputy presiding judge of
the civil division, "I literally begged the D.C. Bar
[Landlord- Tenant] Implementation Committee to provide
us help for litigants." From her experience in the courtroom,
she found the need to be overwhelming. "There were many,
many days in the landlord-tenant court where there was
simply no one to whom the pro se tenants could turn for legal
advice. There was an equally compelling need for pro se landlords
who did not have lawyers, some of whom were very unsophisticated
and would have benefited from professional advice as to how
to proceed."
Besides providing an office, phones, and custom-built furniture,
the court has worked closely with the D.C. Bar Pro Bono Program
to ensure the center succeeds. According to Mark Herzog, "It's
not unusual for Judge Zeldon to stop by the resource center
a couple or few times a week just to ask how we're doing
and whether we need anything. And if we need anything, you
can bet she'll get it for us."
Zeldon is not the only judge to take an interest. "It
means a great deal to the volunteers when judges visit the
resource center after roll call and express their appreciation,"
says Herzog. "We know how thankful the litigants are,
and how these services affect their lives. It's nice
to see and hear how grateful the court is and what a difference
it's making to them."
The plight of tenants in landlord-tenant court often
justifiably receives sympathy, particularly in cases in which
the tenant is faced with eviction for withholding rent in
an effort to get the landlord to fix a leaky roof, turn on
the heat, or provide hot water. It certainly makes a compelling
story when this unrepresented tenant challenges an unscrupulous
landlord who has representation. Volunteer attorneys are often
surprised to learn how poorly some landlords maintain their
rental properties. The tenants, time and time again, convey
how disrespected they feel by their landlords for forcing
them to live in such deplorable conditions. And they also
express great appreciation for the courtesies extended to
them at the resource center.
One elderly tenant on a fixed income who had complained to
his landlord several times about his concern that the ceiling
in his bedroom was sagging began withholding rent once it
finally caved. After being sued by his landlord for nonpayment
of rent, he visited the center and received assistance with
completing an answer and preparing for his court appearance.
When asked about his experience at the center, this tenant
commented that he was "treated with great respect and
a high degree of courtesy . . . [and] was shown much kindness."
To someone who felt so dismissed by his landlord, this was
terribly important. He also said he was "more than satisfied"
with the services he received and was "very grateful."
Eve Runyon, a sixth-year associate at Skadden, Arps, witnessed
firsthand "how difficult it is for litigants without
representation to navigate the legal system" when she
volunteered at the Legal Aid Society of the District of Columbia
during a six-month rotation sponsored by her firm. On Runyon's
first day at the center, she assisted a frustrated tenant
who was being sued for back rent. The tenant had repeatedly
complained to his landlord that his apartment had no heat,
except for whatever was generated when he turned on his oven.
Runyon was able to inform the tenant of his options, provide
phone numbers for him to call to schedule a housing inspection,
and assist him in filing an answer that stated his legal defenses.
According to the tenant, "Ms. Eve was very thorough
in answering my questions. . . . I believe the Resource Center is very informative. You should
keep it open and staffed." Says Runyon of her experience, "Assisting residents
to navigate our legal system when such a basic necessity-shelter-is
being threatened is both worthwhile and challenging. Working
at the resource center provides me the unique opportunity
to learn and then share information about a field of law that
impacts all residents of the District Columbia. The experience
is extremely rewarding, and the services the D.C. Bar [Pro
Bono Program] is providing are indispensable."
According to Judge Zeldon, there also is no shortage of moving
cases of beleaguered landlords suffering at the hands of irresponsible
tenants. "For example, a widow inherits a house,"
says Zeldon. "She takes in a homeless person for a mere
pittance and she can't get him out. She needs the money
to pay the mortgage, and she is very close to needing a conservator
because she is very frail. People like that get terribly taken
advantage of."
In fact, one of the surprises of the Landlord Tenant Resource
Center is the number of pro se landlords who have sought help
there. Herzog estimates that perhaps 20 percent of the litigants
using the center are homeowners who rent out a room or a basement
apartment and rely on the rent proceeds to cover their mortgages.
For these litigants, their peace of mind rests on successfully
resolving their case. The idea that they cannot remove somebody
from their home who has not been paying rent, with whom they
now have a hostile relationship because they were unaware
of a procedural step, frightens and angers them.
Jennifer Karmonick, a commercial litigator at Arnold &
Porter, has volunteered at the Landlord Tenant Resource Center
several times and helped quite a few pro se landlords who
otherwise would have no other source of information on how
to evict nonpaying tenants legally. Such assistance, of course,
helps landlords understand their obligations, which in turn
helps protect tenants from unlawful evictions.
For example, when Karmonick informed a landlord of the notice
and service requirements for evicting his tenant, the landlord
was "very satisfied" with the services received.
"I have been frustrated to no end with this matter.
Nevertheless, Jennifer listen[ed] to my issues and I feel
gave me great assistance." This landlord is now much
more likely to proceed legally to evict his tenant rather
than just to throw her belongings on the street and change
the locks.
Gregory Levine, a senior associate with Arnold & Porter
and the firm's coordinating attorney for the resource
center, supported by partner Philip Horton, was one of the
first attorneys to volunteer at the center. Levine's
practice focuses on pharmaceutical and medical device regulatory
issues and related product liability litigation, but he has
taken a few cases representing tenants through the D.C. Bar
Pro Bono Program's Law Firm Clinic. He volunteered for
the center, in part, because of what he observed in landlord-tenant
court since interning with D.C. Law Students in Court. "As
an attorney down there," he says, "you can't
help but notice that there are lots of people there who are
not being helped."
While sitting with his former client at the court waiting
for their case to be called, Levine watched the unrepresented
tenants meet with the attorneys representing institutional
landlords. "A lot of times," he says, "the
tenants will get in line and enter into agreements with their
landlords' attorneys where they don't fully appreciate
the consequences of what they are agreeing to or what their
legal defense might be. They may have had a stronger bargaining
position than they knew about."
Levine says it would be wonderful if all litigants in the
court could have representation, but given the sheer volume
of cases filed, it is not practicable. "If you can at
least give everyone who walks in the resource center door
some information to arm them and put them in a better position
than they would be otherwise," he says, the center would
improve access to justice and justify the time that he and
other attorneys volunteer at the courthouse.
And sometimes information is all that people really need.
One morning Levine simply helped an elderly woman understand
that she was not in imminent danger of eviction. She had withheld
rent to try to force her landlord to repair her apartment.
Although she seemed composed when she arrived at the center,
once she understood the status of her case and that she had
various options to remain in the apartment and try to get
her landlord to make the repairs, she began to cry. It became
clear that she had been a lot more anxious and concerned than
she initially appeared.
To supplement the services provided at the center, the information
subcommittee of the Landlord-Tenant Implementation Committee
has been working hard to generate sample pleadings for unrepresented
landlords and tenants. According to Christine Ladd of Fannie
Mae, who chairs that subcommittee, "It has been heartening
to witness the subcommittee's landlord attorneys and
tenant attorneys working side by side, sometimes struggling
but usually succeeding in coming to consensus . . . all in
an effort to serve unrepresented litigants and further the
administration of justice in landlord-tenant court.
They are to be applauded."
In addition, a team of attorneys from Skadden, Arps, Slate,
Meagher & Flom, led by partner Douglas Robinson, was recruited
by the subcommittee to develop self-help materials for pro
se landlords and tenants for distribution at the center. The
team spent literally hundreds of hours preparing these materials
on everything from how to serve tenants with a complaint to
how to pay a protective order. It is anticipated that the
self-help materials will also be available in Spanish, and
both the forms and materials will be accessible online.
Apparently, litigants are not the only beneficiaries of these
centers. The volunteers themselves find the work personally
and professionally rewarding. The chair of the Landlord-Tenant
Implementation Committee, Kim Keenan, a senior trial attorney
with Jack H. Olender & Associates, believes the Landlord
Tenant Resource Center and the Family Court Self-Help Center
are great opportunities for lawyers to gain client contact.
"How can you be really good at your craft if you haven't
had to actually interact with clients?" she asks. "I
find that it doesn't matter who your client is. Clients,
in many ways, behave with certain basic tenets: they need
information, and they need people who can provide it to them
clearly. I don't care whether it's a corporate
client or a person off the street, that is true."
Levine says there is something special about helping in cases
in which necessities like housing and family life are at stake.
"Even though, as a senior associate, you might get a
lot of client contact, there is still something different
about client contact with a corporate client and client contact
with a person who is in danger of being thrown out on the
street, possibly unfairly, or a landlord who is just completely
frustrated with the process and wants to understand it. There
is something gratifying about that."
Perhaps this hunger for meaningful client contact explains
why Levine has found that it is not junior associates, but
mostly midlevel and senior associates, who have volunteered
for the program along with the firm's managing partner.
Beyond understanding the basics of court procedures, the
volunteers rely on their listening and communication skills.
Although much information that the litigants want to share
is irrelevant to the type of help the attorneys can provide,
it can be important to understanding the issues. According
to Levine, "Most of the time the people who come in
don't know exactly what they are there for. They just
want to understand the process better, and it is your job
to get the conversation going in a direction that you get
the information from them that you need so that you can then
help them the best you can."
If the litigant has complicated issues that cannot be adequately
addressed on a pro se basis, there are organizations to which
the volunteers can refer them if they qualify. However, given
the number of cases that come through the court, it is not
possible for every litigant to receive pro bono legal counsel.
According to lawyers who have worked at the center, the pro
se litigants seem to understand this and recognize that the
volunteers cannot act as their lawyer.
"I've been surprised by how appreciative the
people are who have come in and gotten help from us,"
says Levine. "We are only giving them so much help,
and we're explaining to them at the beginning that we
are only going to give them so much help . . . but [afterward]
they look you in the eye and they thank you."
Significant Impact
The Family Court Self-Help Center and the Landlord Tenant
Resource Center have had a significant impact on their respective
courts in a very short time. There is, of course, more work
to be done as the Superior Court and the D.C. Bar strive to
expand the coverage of these centers to five days a week and
to other branches of the civil division.
The commitment of the court and the Bar to the growth of
the centers appears firm. "The court has been very open
and proactive in helping to make sure that things that could
really get lost in bureaucracy don't get lost,"
says Kim Keenan. "There is no red tape to getting this
help out to the community. The court is very focused on the
fact that the people in the community really need some help
with [pro se litigation], because if you have a problem in
your family or you have a problem where you live, then you
have a problem with your basic necessities of life."
Lawyers involved in providing help to pro se litigants find
the process rewarding and praise the experience. Exposure
to problems and concerns of customers of the Family Court
Self-Help Center, says Monica Bose, "really makes you
feel connected to real people in the city and their real problems."
The commitment of the volunteer lawyers helps improve access
to justice for the District's poorer citizens and in
doing so helps maintain confidence in the legal system. As
one agitated pro se litigant said after having had his situation
explained to him at the Family Court Self-Help Center, "I
am relieved [and] no longer angry at the court system in the
Washington, D.C. area."
Because the issues of divorce, child custody and support,
and housing are so central to an individual's well-being
and happiness, the effect a volunteer lawyer can have in only
20 to 30 minutes with someone in trouble is tremendous, and
the litigants are appreciative as a consequence. Following
the inaugural day staffing of the Landlord Tenant Resource
Center, Levine wrote: "I enjoyed today and found it
(re)invigorating to be out there talking to 'real'
people. A couple of them came back to say thanks, which is
something we very rarely hear from clients in corporate practice."
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