Message from your President

January 2012

RESOLVE TO GIVE BACK WITH PRO BONO PUBLICO SERVICE

May the New Year bring you and your family an abundance of health and happiness! In our pursuit of health and happiness, the New Year reminds us to take stock and set goals for the coming year. ABA President Bill Robinson wryly reminds us that as lawyers, our resolutions should go beyond losing weight and saving more for retirement – not that there is anything wrong with that. Let me suggest that one of your resolutions ought to be to give back with pro bono service.

The need for pro bono service is greater than ever. At least 40% of low income households experience a civil legal problem each year. However, the collective legal aid effort through our dedicated legal services entities is meeting barely 20% of the needs of low income people. I want to acknowledge the outstanding job done by East River Legal Services and Dakota Plains Legal Services in serving SD citizens. They do more with less in meeting the constant challenge of addressing the often dire circumstances of low income people. To supplement the Legal Services agencies and meet the needs of our most vulnerable citizens, pro bono service is essential.

Pro bono publico at its essence means for the good of the people, lawyers providing legal services free of charge without expectation of payment. Pro bono service is essential to the guarantee of access to our legal system. Emphasizing pro bono service arises beyond a mere expectation to an ethical obligation, it is the object of SD Rules of Professional Conduct 6.1 and codified in the attorney's oath. Please take time to review the oath and Rule 6.1, shown below this article.
Hundreds of SD attorneys have responded to the call for pro bono service helping hundreds more who can't afford legal services. Successful pro bono programs include the 2nd Circuit Pro Bono Project, the 6th Circuit's system of pro bono assignments, the RD Hurd Volunteer Law School Society, and the Sicangu Oyate Bar's pro bono efforts in Indian Country.

Responding to the growing need, the State Bar implemented its flagship program to coordinate pro bono service by establishing Access to Justice ("A2J"). A2J matches people needing services with pro bono volunteers. Presently, a total of 297 attorneys participate in A2J.

37% are from large firms (plus 5). 24.3% are from small firms. 38.7% are solo.
63.6% are East River. 36.4% are West River.
69.7% are male. 30.3% are female.
72.7% are veteran lawyers. 27.3% are young lawyers.

Even though these numbers closely reflect overall Bar demographics, I know our Bar can do better on our total numbers. In fact, the early effort to solicit pro bono attorneys spear-headed by Bill Day recruited 300 volunteers. At the time Bill solicited volunteers, there was no formal organization to match clients with the volunteers. Now, we have both the administrative arm and the volunteer base. Visit the A2J website at www.a2jsd.org to sign up and help improve the numbers for your demographic.

I want to alert 2nd Circuit attorneys to a pro bono opportunity through ERLS. In response to the loss of a domestic violence grant, ERLS Director Cummings has requested volunteers to take protection order assignments in 2012 to meet ongoing needs. Helping families in need will bring you great satisfaction. Visit the ERLS website at www.erls.org to sign up.

To deliver legal services to moderate income families, the Bar recently adopted the Modest Means Program. The objective of the program is to bring together attorneys interested in taking a small form of payment and the client who can pay a modest fee. Lawyers who participate in the program agree to take one pro bono file in a year. The program will boost pro bono efforts in rural areas and enable more people to get the legal help they need. Learn more about the program and sign up here.

In another development, the Bar has added a special endorsement to its coverage that allows retired attorneys who have relinquished their insurance to do pro bono work. The Bar's Emeritus Pro Bono Program enables retired attorneys who still want to give back the opportunity to do so through pro bono referrals by A2J.

Another option to partially discharge your pro bono responsibility is to financially support programs that support legal services to the poor. The SD Bar Foundation invites you to make a small $75 donation which can be sent with your Bar dues. By making it easy to include the donation amount in your dues, we've also made it easy to overlook. Please take time to confirm your donation to the Bar Foundation was included in your Bar dues payment. Basic funding support for our legal service entities depends on it.
Pro bono service is changing. Other states require mandatory reporting to prove lawyers have met the required hours of service. If they have not, then the lawyer is expected to pay an assessment. I am confident that SD lawyers will achieve and sustain high levels of pro bono service and financial support of the Bar Foundation alleviating the need for mandatory requirements in SD. Your actions clearly demonstrate we are all proud to be part of a profession that actively practices pro bono publico.

Pat Goetzinger
President

Rule 6.1. Voluntary Pro Bono Publico Service

A lawyer should render public interest legal service.
A lawyer may discharge this responsibility by:
(a) providing professional services at no fee or a reduced fee to persons of limited means or to public service or charitable groups or organizations; or
(b) by service without compensation in public interest activities that improve the law, the legal system or the legal profession; or
(c) by financial support for organizations that provide legal services to persons of limited means.