By Helenka Marculewicz
In October the American Bar Association leads a nationwide celebration of pro bono work, the legal work attorneys perform at no charge for people who cannot afford an attorney. Because lawyers enjoy a monopoly on the practice of law, it is considered a professional responsibility for attorneys to in turn provide access to the legal system to those who would otherwise be denied the expertise of an attorney because of the cost. In criminal cases, an attorney is provided at no cost to the accused in fulfillment of the constitutional right to counsel in serious cases. In civil cases, which are cases involving, for example, divorce, eviction or debt problems, there is no constitutional right to an attorney. People who cannot afford to hire an attorney often turn to legal aid or a pro bono attorney.
In Dayton, the Greater Dayton Volunteer Lawyers Project is celebrating its 25th anniversary; I have been the Executive Director since its founding in late 1988. More than 850 lawyers in the greater Dayton area volunteer to accept pro bono cases – civil cases in which the attorney represents the client at no charge – referred to them by the Volunteer Lawyers Project.
The work done by the staff of the Volunteer Lawyers Project, and other legal aid and pro bono organizations around the state, directly affects the ability and inclination of a lawyer to accept a pro bono case. It is an essential part of the process which assures high quality legal representation for the client as well as a positive experience for the lawyer, encouraging the lawyer to take more pro bono cases.
Pro bono professionals interview potential clients and gather essential facts and documents, saving time for the pro bono attorney. Pro bono professionals organize important training sessions for pro bono attorneys, ensuring that the attorneys are up to date on the latest legal developments. And pro bono professionals monitor each case carefully to make sure the cases are handled as expeditiously as possible.
Pro bono attorneys play a vital role in helping to reduce the number of civil litigants who come to court unrepresented because they can’t afford an attorney. The work of pro bono attorneys benefits the entire community by helping the courts to operate more efficiently. Though often behind the scenes, the pro bono professionals’ work is an essential part of the picture. National Pro Bono week is a time to honor and thank all those participating in this process.