by Mike Sharkey
Staff Writer
Pro bono
Etymology: Latin
Definition: pro bono publico, for the public good; being, involving, or doing professional and especially legal work donated especially for the public good; “pro bono work”
In theory, aspiring attorneys enter law school with designs on helping people. Some do so, many going on to make a healthy living along the way. Still, one law school axiom is supposed to remain true throughout an attorney’s career: the annual pro bono obligation.
Most people think lawyers are required to perform pro bono work. The Florida Bar does have a requirement that calls for either 20 hours of annual pro bono service or an annual contribution of at least $350 to a legal aid organization. However, the pro bono service isn’t mandatory on the state level or on the Jacksonville Bar Association level. What is required, however, is that attorneys notify the Florida Bar of their pro bono service.
Jacksonville Bar President Kelly Mathis said he stresses pro bono service at all the monthly meetings and works hard to make sure his firm participates 100 percent by either donating to Jacksonville Area Legal Aid or taking cases on a pro bono basis.
“We are in a unique situation as lawyers where we provide a service others can’t provide,” said Mathis, who currently has three cases he’s working on for JALA and contributes financially to the organization. “Obviously, it’s a real serious obligation and we do try to stress it.”
Mathis said there has been some discussion about making pro bono service mandatory within the JBA. It’s already mandatory in some local bar associations across the state. That discussion isn’t met with resistance, Mathis said, but many JBA members fulfill their pro bono obligations and feel making it mandatory is redundant.
“The response is ‘We’re supposed to do it anyway.’ Also, how would we police it?” said Mathis. “Some bars have solved that by saying everyone must contribute financially. What should be stressed is there are an awful lot of lawyers who do cases for very, very reduced rates. People have legal problems, they need a solution and they can pay something.
“This isn’t considered true pro bono service, but it’s a help.”
The Daily Record asked members of the JBA to let us know what they intend to do this year to fulfill their pro bono obligations. The following are some of the responses that we received:
“My pro bono plan is to continue serving as president-elect and chair of the Long Range Planning Committee of Florida Legal Services, Inc. into June and then becoming president [of the group]. FLS is the leading state-wide legal services provider to the indigent.”
— Howard A. Caplan
“I intend to continue to make myself available to Jacksonville Area Legal Aid, Inc. to accept pro bono cases. I intend to continue to make myself available to the United States District Court for the Middle District of Florida to accept pro bono cases. I intend to continue to provide free legal services to nonprofit organizations in the Duval County community.”
— John E. Duvall
“While I was Director of the Prisoner Reentry Program at Jacksonville Area Legal Aid, I was appalled at how many people we had to deny services due to lack of resources. Those that need representation the most – the disabled, the poor, the uneducated – can least afford it, and there are still not enough resources in the traditional venue, i.e., Legal Aid. Therefore, I practice according to need and merit, not ability to pay. I work on a sliding scale for those that are ‘economically challenged.’ ”
— Jenna Dean Lopes
“My plan to fulfill my pro bono requirements for 2007 is to continue serving in the Christian Legal Society’s Pro Bono Project, where we provide legal aid to the residents of the City Rescue Mission’s Lifebuilder’s Program. We go out every 10 weeks to share with them Christ’s love and our free legal services. Both are appreciated. However, we have found that the volunteer attorneys get far more out of the project than we give.”
— Blane McCarthy
“I provide legal services pro bono in many ways including providing legal consult to homeowners who lost their homes in the recent hurricanes in the Gulf Coast region [because] I have expertise in defending foreclosures and predatory consumer practices that is relevant to the needs of this very low income population.”
— April Charney
“Each year I volunteer through Jacksonville Area Legal Aid and Three Rivers Legal Services to provide pro bono legal services to the needy. This year, I intend to do the same because I believe that it is my duty as a lawyer to provide this service to the community. In addition to serving through the organized legal services, I also provide pro bono services to Spanish-speaking persons in the Hispanic community with referrals from the Hispanic ministry and from Catholic priests such as Fr. Al Esposito. ‘To those whom much is given, much is expected.’ ”
— Paola Parra-Harris