Mandatory pro bono reporting proposed

VIRGINIA BEACH – A Virginia Supreme Court panel has proposed a requirement that lawyers report the number of hours and dollar amount of donations they make to pro bono each year.

The June 5 proposal – unanimously approved by the court-appointed Virginia Access to Justice Commission – was presented June 16 to the Virginia State Bar, which is expected to seek public comment. Commission leaders said they hope the Bar Council will make a recommendation on the proposal at its October meeting.

The proposal comes as two other initiatives take form to improve access to justice.

The Supreme Court launched a website this month to provide resources for civil litigants without attorneys.

Another website – expected this summer – will allow volunteer lawyers to answer legal questions posted by needy Virginia residents.

Only the plan for mandatory pro bono reporting appears likely to produce controversy. Concerns quickly emerged that reporting hours could lead to quotas for lawyer charity work and that some solos and small firms lack a mechanism to track pro bono hours.

Closing the access-to-justice gap

The pro bono reporting plan was presented by Richmond lawyers Stephen D. Otero and Scott Oostdyk, both members of the court’s Access to Justice Commission.

The impetus comes from discouraging statistics about legal needs. A nationwide survey showed 80 percent of the civil legal needs of citizens below the federal poverty line are unmet, Otero said.

“So, there is a need – a call to action, if you will – to help close that access-to-justice gap,” Otero told Bar Council members.

He said the private bar needs to step up because funding has dried up for legal aid offices.

Reporting would also provide data on the impact of the current aspirational goal for Virginia lawyers. Rule 6.1(a) of the Rules of Professional Conduct calls for attorneys to provide 2 percent of their professional time to pro bono matters.

“There is currently no mechanism for tracking our progress towards that goal as a self-regulating profession,” Otero said. “We have no idea how we’re doing against that goal.”

Ten other states, including Maryland, require lawyers to report their pro bono hours.

“There’s some evidence it makes a difference,” Otero said, pointing to an increase in measured hours in Florida.

“The commission thinks this is a good, common-sense as well as a public service initiative,” he said.

The Supreme Court of Virginia will have the final say on mandatory reporting. There is no indication of any resistance on the court. Otero noted that Justice S. Bernard Goodwyn is a member of the commission that unanimously approved the plan.

“The court is aware that this is being proposed and the justices would like it to run its ordinary course through the state bar,” Otero said in an interview.

One lawyer was quick to question the proposal. John H. Crouch of Arlington suggested in a blog post that mandatory pro bono reporting is likely to lead to mandatory pro bono service.

Charlottesville Public Defender James M. Hingeley questioned a blanket exemption for government lawyers. Another lawyer said the reporting requirement would pose a hardship for some solos and small firms that do not have time-keeping procedures in place.

Otero disavowed any intention by the Access Commission to open a door for mandatory pro bono requirements. “It is not a step in the direction of a slippery slope,” he told bar leaders.

Otero also said the commission’s proposal would not impose time-keeping requirements.

Free Legal Answers

A new VSB program will give lawyers a way to provide anonymous, ad hoc answers to civil legal questions posed by poor people.

The VSB Special Committee on Access to Legal Services is developing the “Virginia.freelegalanswers.org” website in conjunction with the American Bar Association.

No bar dues will be involved in the program, as the ABA hosts such websites for various states. Six states are already taking part and 34 others will be joining, according to Renu Brennan, VSB deputy executive director.

The VSB is now taking information from lawyers who want to participate. To take part, a lawyer simply logs on to the website and scans the posted questions to see if he or she can provide a knowledgeable answer.

Bar leaders pitch the program as a way to provide pro bono service without leaving your home or office.

“You can do it on your own time, in your own space,” said outgoing VSB president Edward Weiner.

Brennan said she hopes the website will be up and running August 9.

Lawyers interested in the program can register now by filling out an attorney interest form.

Help for pro se litigants

Already in place is a new website that offers resources for litigants without lawyers.

The Virginia Judicial System Court Self-Help Website, http://selfhelp.vacourts.gov/, provides legal information on common topics of interest for self-represented litigants. Topics include traffic tickets, divorce, and landlord-tenant issues.