Lawyers learn from pro bono service

Pro bono service becomes an essential part of a lawyer’s practice as soon as the proverbial shingle is hung. Attorneys, non-attorney staff (e.g., paralegals) and others in a firm routinely take up the cause. According to data compiled by Nixon Peabody LLP for example, its own pro bono program numbers for 2018 stacked up this way:

• 32,000+ total yearly pro bono service hours
• 91 percent attorney participation firm-wide
• 53 hours, on average, per lawyer per year
• 6 percent of its billable time pro bono
• 500+ participating on the firm’s behalf

Here, three Rochester attorneys from various firms share their views on offering pro bono litigation services.

William G. Bauer

Partner and Litigation Department chair, Woods Oviatt Gilman, LLP

For Bauer, pro bono publico is more than a Latin expression meaning “for the public good.” It is the opportunity to reach across communities and provide services and solutions to those who may otherwise remain unrepresented.

“We are proud to work with individuals and groups across a wide spectrum of legal matters from civil rights, immigration issues, landlord/tenant disputes, name changes, estate matters and labor and employment issues,” Bauer said. “We have worked closely with the Volunteer Legal Services Project by offering services to help people who seek its advice and counsel on everyday legal issues: housing rights, rights they may have to government benefits, consumer contract disputes.

“The U.S. District Court for Western District of New York has enlisted the services of our attorneys to appear on behalf of prisoners who have made claims under federal or state law relating to conditions of their confinement or violations of their constitutional rights. Those cases may involve medical malpractice, unfair discipline, freedom of speech or freedom of religion issues.

“Pro bono service envisions wide range and varied representation of those who may not otherwise be able to afford legal representations or have the ability to navigate through complicated and intimidating legal landscapes. While providing a significant public benefit, an attorney may also hone his or her skills and offer legal services for pro bono publico.”

Sanjeev Devabhakthuni

Associate and pro bono coordinator, Barclay Damon LLP

As pro bono coordinator for the firm’s Rochester location, Devabhakthuni has a deep understanding of what pro bono work means to the community.

“Pro bono work has taught me that giving our time and services makes an incredible difference,” said Devabhakthuni. “(It) makes us realize how many people need access to the justice system and often cannot afford it. In addition, pro bono work has taught me to be a better listener and critical thinker, in order to obtain our clients’ needs and goals.

“Our pro bono clients often have difficulty explaining their legal problems or circumstances. (That) difficulty communicating (is) often due to their unfamiliarity with the justice system and available legal remedies — or lack thereof. Others struggle with language barriers and mental and/or physical illness, which makes it incumbent upon our attorneys to go the extra mile to ensure that we handle the cases correctly.

“Another unique challenge for pro bono attorneys is getting comfortable with working in subject areas unfamiliar to them. Pro bono clients often need help with legal problems that paying clients simply do not face. Thus, attorneys are forced to learn and adapt quickly. Finally, pro bono work has taught me that nothing is more rewarding than gratitude.”

Kevin T. Saunders

Counsel, Nixon Peabody LLP

At Nixon Peabody since 2007, Saunders (a former active duty Marine) has handled a range of pro bono matters and learned several lessons. Most notable, he said, were two “particularly rewarding” prisoner rights actions under Title 42 U.S. Code Section 1983: civil action for deprivation of rights.

“First, your ethical obligation for zealous representation applies to each and every client and is not contingent on the scope of work,” explained Saunders. “Every client should be given your utmost respect and attention to detail.

“Second, conducting discovery is a valuable learning opportunity — especially for new litigators. In my first matter, I had just begun my (post-military) career in civil litigation and had never attended a deposition let alone taken or defended one. I took seven depositions at Attica Correctional Facility, which was a great learning experience and helped me gain confidence.

“Third, while communication with an incarcerated client is more difficult,” added Saunders, who said it typically unfolds face-to-face or via letters, “it can be and must be done, as the client’s input is essential. Given (any) communication challenges, it is important to plan ahead and allow for extra time to incorporate feedback — in order to execute an effective legal strategy — rather than wait until the last minute to put together, for example, opposition to a summary judgment motion.

“Fourth, prisoner rights cases provide excellent opportunities for learning effective ‘client control.’ While civil litigation can involve business disputes with ‘no skin in the game,’ prisoner rights matters involve a client who is alleging a violation of his constitutional rights in (what currently is) the client’s ‘home.’ It is personal and it is visceral.

“You need to carefully and patiently listen to your client’s opinions on case strategy and (to his/her) account of events for deposition outlines, opposition to motions, etc. Taking the time to carefully listen and gain your client’s trust is essential when, for example, you need to persuade the client on a case strategy.”

Christine G. Adamo is a Rochester-area writer, editor and consultant at WriteReviseEdit.com.