Pro Bono Spotlight: A new status symbol for attorneys

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The Attorney Emeritus program implemented earlier this year by the Unified Court System confers a new status upon attorneys who have completed the active phase of their careers and are committed to volunteering their legal skills to make a difference in the lives of low-income New Yorkers.

Championed by Chief Judge Jonathan Lippman, the “Attorney Emeritus” designation is offered as an alternative to “retired” status. A qualified attorney may enroll when completing his or her biennial registration, or sooner if desired. While in Rochester last month, Chief Judge Lippman spoke of the program as a means to pin a symbolic gold star on the chests of participants, signifying their commitment to assist indigent populations.

Gary Van Graafeiland, who retired in 2005 as general counsel of Eastman Kodak Co., recently enrolled as an Attorney Emeritus, the first volunteer with Volunteer Legal Services Project to do so.

“Attorney Emeritus is a worthwhile program,” Van Graafeiland said recently. “Signing up for 60 hours of pro bono service over a two-year period is a substantive, albeit eminently doable, commitment for a retired lawyer, and having the Chief Judge as an active proponent lends it prestige.”

Attorneys age 55 or older are eligible for the emeritus status, provided they are in good standing and have practiced for a minimum of 10 years. An Attorney Emeritus also can no longer accept paying clients.

In exchange for a commitment to render 60 hours of pro bono service per the biennial reporting period, the $350 biennial registration fee and CLE requirements are waived. Once enrolled, attorneys will be matched with pro bono opportunities in their communities through participating agencies such as VLSP.

The staff at VLSP looks forward to working with our local Attorneys Emeritus. For those interested in enjoying maximum flexibility, several two-hour volunteer opportunities — including clinics and the VLSP

Consumer Law Hotline — are free from ongoing responsibility to clients. Traditional case referrals in the areas of consumer law, health care law and family law also are offered.

When contemplating which pro bono opportunity to pursue, Van Graafeiland said he gravitated to wills, powers of attorney, living wills and disposition of remains.

“VLSP staff Health Care Law Attorney Ann Williams said there are people — chronically or terminally ill —who desperately need this service, so I decided that’s what I’d do,” he said, and he has since accepted numerous referrals, including three in the last month.

How does an attorney with years of experience in multiple areas of complex corporate law but no experience in trusts and estates law make the jump to drafting wills? Pretty easily, it turns out.

“To draft these documents for a VLSP client, you don’t need to be an expert in trusts and estates law. Since the needs of the clients are typically pretty basic, any experienced lawyer can prepare the documents, after receiving training from, and using forms provided by, VLSP,” Van Graafeiland said.

He has developed an efficient process that enables him to complete a VLSP wills case in five to six hours, including one client meeting.

“Ann Williams sends me the intake paperwork detailing the client’s assets and his or her end-of-life objectives. This enables me to prepare draft documents at home and download them onto a Zip drive,” he said.

After preparing drafts of the will and other documents, Van Graafeiland meets with his client, usually at VLSP’s offices.

“Invariably, something will need to be revised, so I pop the Zip drive into a VLSP computer, make the revisions, print the documents, and supervise their execution. The client leaves that day with a completed package,” he said. 

In addition to office space, VLSP is able to provide training, forms, clerical support and assistance with computers. Malpractice insurance is provided while volunteers work on VLSP matters.

Van Graafeiland also has accepted two standby guardianship matters in which a terminally ill parent designates someone to assume guardianship of minor children after his or her death.

“These are more complex cases that culminate in an appearance in Surrogate’s Court,” he said.

Van Graafeiland attended a VLSP training prior to accepting referrals in that area.

Appearing as a guest speaker at the June meeting of the Monroe County Bar Association’s Senior Attorney Committee, Van Graafeiland described the personal satisfaction he derives from helping clients with significant health issues achieve peace of mind.

“People are comforted and relieved that their wishes have been reduced to writing, and that they will be carried out by a trusted person of their choosing,” he said. “It’s nice to know that without a great deal of effort on my part, I’m able to provide people not only with the necessary legal service they need, but also with the ability to breathe a sigh of relief.”

As is the case with other semi-retired attorneys, Van Graafeiland said he enjoys a wide range of activities, including travel with his wife, Marie (often to visit out-of-town daughters), opera, theater and auditing courses at the University of Rochester. He even manages to do a bit of work, including serving as chairman of the board of directors of ESL Federal Credit Union.

Despite his varied activities, Van Graafeiland has been able to incorporate pro bono work comfortably into his lifestyle. VLSP is hopeful more attorneys will follow his lead and join the ranks of Attorneys Emeritus. Those interested are welcome to e-mail me at [email protected] or call (585) 295-5703. More information about the program is available at [email protected], or by calling 877-800-0396.

VLSP and ProBonoNY thank Van Graafeiland and all of the members of the legal community who stepped up last month to help low-income clients cope with a wide range of issues including bankruptcies, wills, name changes, unemployment insurance benefits denials, grandparent/non-parent child custodial matters, adoptions and divorces.   

June 2010 Honor Roll

Solo practitioners: June Castellano; John Costello; Brian Goewey; Gordon Hepworth; Rekha Jain; Shaina Kovalsky; Francis Mahan; William Pryor; Lisa Sadinsky; Elizabeth Stull; Robert Schwartz; Laura Taylor; Gary Van Graafeiland; Paul Watkins and Michael Whalen.

Attorneys and paralegals at firms: Shannon O’Keefe (Barney & Affronti); paralegal Elsa Trotto (Faraci Lange); Matthew Fero and Erin Goeltz (Fero & Ingersoll); Gerald Murphy (Forsyth Howe O’Dwyer Kalb & Murphy); Seema Ali Rizzo (Gallo & Iacovangelo); Steven Levitsky (Handelman Witkowicz & Levitsky; Diana Holl and John Jennings (Harter Secrest); Kevin Bambury (Jeffrey Freedman Attorneys at Law); Michael Schnittman (Lacy Katzen); Dana Campbell, Penny Dentinger, Thomas Farace, Jared Lusk and paralegal Deborah Wilcox Mabry (Nixon Peabody); Jennifer Lunsford (Osborn Reed & Burke); Rachel Brody Bandych and Irving Kessler (Underberg & Kessler); Elizabeth Randisi (WeinsteinMurphy) and Christen Bruu (Woods Oviatt Gilman).
Government attorneys: Frances Cafarell, Tara Lynch, April Orlowski and Emina Poricanin (Appellate Division, Fourth Department) and William Taylor (Monroe County).

Corporate paralegal: Cynthia Winner (Thomson Reuters).

Mediator: Robert Hauser (Center for Dispute Settlement).

Law students: Elizabeth Congdon (Brooklyn Law) and Elissa Livingston (University at Buffalo).

College graduate: Rebecca Cogan (SUNY Geneseo).

College student: Alyssa O’Connor (Cornell).

My apologies to Deborah Wilcox Mabry of Nixon Peabody, whose name was misspelled in last month’s honor roll. Thank you for your dedication to VLSP!

Linda Kostin is the pro bono coordinator for the Seventh Judicial District’s Pro Bono Action Now Program. Her office is located at Volunteer Legal Services Project of Monroe County Inc.; e-mail [email protected]; phone (585) 295-5703.