MSBA Legal Assistance to the Disadvantaged Committee
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1/10/06 | 11/8/05 | 9/13/05 | 5/9/06

5/10/05 | 3/8/05 | 1/11/05
11/9/04 | 9/14/04 | 5/21/04 | 3/1/04 | 2/26/04 | 2/11/04 (Subcommittee Chairs)
12/12/03 | 8/14/03 | 5/28/03 | 4/30/03 | 1/28/03

Attending in Person: Tom Conlin and Katie Trotzky, Co-Chairs. Bruce Beneke, Martha Delaney, Joe Dixon, Mary Durand, Michael Friedman, Michele Garnett McKenzie, Roy Ginsburg, Kathy Gross Schoen, Theresa Hughes, Tom Johnson, Beverly Jones Heydinger, Tim Kelley, Janine Laird, Jerry Lane, Jean Lastine, Bricker Lavik, Barbara Lindberg, Maureen O’Connell, Warren Ortland, Barbara Penn, Sue Pontinen, Clare Scott, Sara Sommarstrom, Roger Stageberg, Brad Thorsen, Tom Walsh, Joanna Woolman, Alysia Zens, Judge Lloyd Zimmerman.
Nancy Mischel and Caroline Palmer (MSBA staff).
Attending via Telephone: Sarah Shella-Stevens.

Note: Due to a last minute conflict, Mary Schneider was unable to attend. She was going to provide LAD with background and information on civil Gideon, the argument for a right to counsel in civil cases. This item will be on LAD’s January agenda.

LSAC (Legal Services Advisory Committee) Funding Report: Conlin provided a breakdown on the groups that received funding from LSAC recently and the amounts. Not all of the $750,000 was distributed; some was reserved for a statewide single intake line proposal which would serve both legal aid and pro bono.

Update on the “Up Your Pro Bono” Campaign: Palmer distributed postcard signups for the campaign. Each LAD member is asked to recruit 5 new volunteers who have not taken a pro bono case in the past year. The grand prize is a weekend at Conlin’s lake home near Rice Lake, Wisconsin. Second prize is dinner at Conlin’s home with special guests. An Honor Roll list with the names of those who met the goal of 5 recruits will be published and posted. MSBA President Sue Holden’s November President’s page in Bench & Bar encourages attorneys to do pro bono and mentions the LAD campaign.

Subcommittee Updates:

Judiciary: Judge Zimmerman would like this subcommittee to have a member from each judicial district in the state. A likely source is to recruit someone from each of the judicial district pro bono award committees. Zimmerman, Cassidy, Mischel, Walsh, Candee Goodman and others met with Judge Steven Mihalchick last week to discuss the number of pro se people appearing in administrative law cases and how we might assist in finding volunteer attorneys to represent them. There will be additional follow-up on this item.

Websites: Scott reported that content provided by Mischel and Palmer is currently being added to the LAD website by the volunteer website gurus volunteering their time on this project. Scott is certain she will be able to demo the website for us at the LAD meeting in January.

Marketing: No report. Kudos were given for their great work on the “Up Your Pro Bono” campaign materials.

CLE Credit for Pro Bono: Palmer reported that Conlin, Ginsberg and herself will meet with the Board of Continuing Legal Education next week regarding the proposal. A meeting with MN CLE will be scheduled as well.

Law School Initiatives (LSI): Laird reported the LSI subcommittee is creating a funding formula for law schools as well as looking at programming and marketing. A William Mitchell professor, in collaboration with MJF, is attempting to obtain grant funding to study law school graduates and pro bono. MJF plans to train attorneys how to supervise law students. Many volunteer attorneys are offered the help of a law student but say no; the training may change that. MJF’s Annual Awards celebration is Nov. 17th.

Tech Issues for Non-LSC Programs: Mischel reported that the technology planning grant proposal submitted to LSAC by MVAP (Minnesota Volunteer Attorney Program) was funded in full at $10,500. It will be used to contract with MAP (Management Assistance Project) to perform a technology assessment of all the non-Coalition legal services and pro bono programs that expressed a desire to participate. The assessment will provide recommendations and establish baseline needs, as well as provide cost estimates for recommended upgrades or new equipment and possible funding sources.

IOLTA: Lane reported that a working group is meeting and preparing proposed changes to IOLTA rules in order to generate additional revenue. Former MSBA President Kent Gernander recently served on the national IOLTA commission and in that capacity learned how far Minnesota is behind most other states in terms of revenue raised by the IOLTA program. The ideas (ie: prohibiting negative netting) Gernander brought back from his work are serving as the genesis for the proposed changes. The plan is to have specific changes ready for LAD’s approval in January. From there the proposal would go to the General Policy Committee of the MSBA and then to the Assembly before filing a Petition with the Supreme Court.

Report on Legal Services Planning Committee (LSPC): Beneke reported that Jeanne Charn from Harvard made a presentation to the LSPC and interested others in October. Harvard does have some money available to partner with states. LSPC does not have a follow-up meeting scheduled at this time.

Update on MSBA’s Hurricane Katrina Relief Efforts: Thorsen reported that Abigail Turner of Mid-Minnesota Legal Assistance (MMLA) and former MSBA President Jim Baillie are co-chairing the Delivery of Legal Services subcommittee of the MSBA’s Katrina Relief Task Force. A processing center for hurricane victims in St. Paul closed on September 30. Attorneys from MMLA and SMRLS (Southern MN Regional Legal Services) provided legal assistance at the processing center. VLN coordinated referrals to volunteer attorneys as needed. Three legal clinics for hurricane victims will be held at community centers in Minneapolis next week. Thorsen is seeking volunteer attorneys to staff the clinics; please contact him if you are able to help. MJF is recruiting law students to assist the volunteer attorneys at the clinics. The MSBA has also been conducting a fundraising campaign, with one specific fund funneling contributions to four adopted programs: a legal aid office in Alabama, Louisiana and Mississippi, and the Pro Bono Project in New Orleans.

Pro Bono Related to Criminal Law: Friedman and Woolman distributed a document detailing various areas of the law that are criminal, quasi-criminal and civil, where there is a need for pro bono attorneys and no constitutional right to a public defender. Woolman asked if LAD was interested in launching a new initiative to do pro bono recruitment for these types of cases or if it could be incorporated into existing pro bono recruitment efforts. Pontinen said VLN already takes some of the case types on the list, but they could always use more volunteer attorneys to take the actual cases. Trotzky said LAD’s mission is limited to civil legal services for low-income people and perhaps pro bono recruitment should focus on those on the needs list that are civil in nature. Lastine offered to attend a meeting of the Criminal Law section with Friedman and Woolman to talk about pro bono and try to recruit volunteers. Garnett mentioned there is a serious need in immigration law for habeus cases that the federal public defender used to take. Detainees also need representation. Delaney mentioned that a new criminal expungement project at the Council on Crime and Justice has recruited a number of volunteer attorneys who may welcome an opportunity to help in some of these other areas.

Large Firm Pro Bono Recruitment Follow-up: Lavik would like LAD to do more recruiting at firms. He suggested teams of LAD members agree to call two firms over the next year to encourage them to increase their pro bono efforts. This may also get firms thinking about tracking their pro bono work, which would be useful information. Ginsburg thought the largest 10 or so firms probably don’t need a push but the rest do. Lavik wondered if perhaps LAD should issue a pro bono challenge at a state level, similar to what the ABA did on a national level. The ABA’s Pro Bono Challenge has been quite successful. A signup sheet was passed around for those who want to volunteer on the recruitment effort in firms. The MSBA does have a list of the top 100 firms that they can distribute.

LSC (Legal Services Corporation) Funding Update: Bad news. Most of the legal aid offices in Minnesota receive LSC funding. Unfortunately, the appropriation for LSC that came out of a Congressional conference committee last week is the same amount as last year. Even worse, it is likely to drop lower as a result of across the board rescissions. Beneke mentioned that LSC President Helaine Barnett will be speaking at the SMRLS luncheon on Nov. 22 about their new Justice Gap report. Contact Barbara Penn at SMRLS for more information on attending the event.

NEXT LAD COMMITTEE MEETINGS:
Tuesday, January 10, 2006 8 a.m.
Tuesday, March 14, 2006 8 a.m.
Tuesday, May 9, 2006 8 a.m.

Minutes
MSBA Legal Assistance to the Disadvantaged Committee (LAD)
September 13, 2005

The September 13, 2005 meeting of the MSBA LAD Committee convened at 8:00 a.m. in the President's Room of the MSBA office. Tom Conlin and Katie Trotzky presided as co-chairs.

Attending in Person: Bruce Beneke, Karen Canon, Tom Conlin, Mary Durand, Michael Friedman, Michele Garnett McKenzie, Roy Ginsburg, Candee Goodman, Kathy Gross Schoen, Theresa Hughes, Tom Johnson, Beverly Jones Heydinger, Janine Laird, Jerry Lane, Jean Lastine, Barbara Lindberg, Maureen O'Connell, Warren Ortland, Sue Pontinen, Sara Sommarstrom, Brad Thorsen, Katie Trotzky, Joanna Woolman.
Nancy Mischel and Caroline Palmer (MSBA staff), Christian Eichenlaub (law student).
Attending via Telephone: Mike Connolly, Patty Murto, Sarah Shella-Stevens.

LAD Goals for the Coming Year: Conlin stated that last year LAD focused on funding for legal services and the outcome was extraordinarily successful. This year, the focus is on recruiting more volunteer attorneys to take pro bono cases and Conlin believes the outcome can be just as extraordinary. Each LAD member will be asked to find five attorneys who have not done pro bono in the past year and get them to take a pro bono case. If each of LAD's 50 members was successful in finding five, the 250 more clients would receive legal help. Hopefully MSBA leadership will get involved and expand the challenge to other sections and members of the MSBA, but LAD will lead the way. Gross Schoen distributed some promo materials for the recruitment campaign entitled "Up Your Pro Bono." LAD members will receive a letter describing the campaign, along with LAD business cards to hand out and a reply card to pledge their commitment to finding five. The campaign will run for 6 months, from October to March. Those who find five will have their names included in an "Honor Roll" and possibly also included in a Pro Bono Annual Report.

Large Firm Pro Bono Recruitment Follow-up: Conlin reported that LAD member Bricker Lavik contacted him requesting that LAD do additional follow-up with large firms and corporate counsel who attended a luncheon promoting pro bono more than a year ago. Hughes will coordinate with Lavik and report back to LAD via email with a suggested plan of action.

Subcommittee Updates:

Judiciary: Neither Lloyd Zimmerman nor Ed Cassidy, the chairs of this subcommittee, were able to attend. Johnson asked whether the subcommittee was still going to solicit judges to speak at some CLE's over the year as had been discussed previously. Palmer indicated that the Judicial Standards Board had responded to Judge Zimmerman's request for information regarding permissible activities judges could undertake in encouraging attorneys to do pro bono. The Board's letter is vague and the MSBA plans to seek additional clarification, in part because the letter was written prior to the White decision. While all the judges in each judicial district and the Supreme Court have signed onto letters encouraging attorneys to do pro bono, we are still awaiting a letter from the Court of Appeals. Palmer also reported that the judicial district pro bono award nomination process will be started earlier this year in order to coordinate with HCBA awards that are given in March.

Websites: Scott was unable to attend but Mischel reported on her behalf that a volunteer is in the process of adding content provided by Mischel and Palmer into the LAD website. The website may be ready for the next LAD meeting in November.

Marketing: Nothing additional to report other than what is covered above under LAD Goals for the Coming Year.

CLE Credit for Pro Bono: Palmer reported that this subcommittee met recently to review a memorandum written by Sean Brown, a law student volunteer, researching whether pro bono had increased in states that have implemented CLE credit for pro bono. (Please contact Palmer or Mischel if you wish to read Mr. Brown's memo.) While it cannot be positively demonstrated that such a policy results in more new attorneys taking pro bono cases, the subcommittee felt there were sufficient positive ramifications to justify moving forward with a proposal here. The next step is to set up meetings with MN CLE and the Board of Continuing Legal Education. Ginsberg has good connections with both of those entities and will attend the meetings along with others.

Law School Initiatives (LSI): Laird reminded the Committee that at the last LAD meeting in May, a resolution in support of increased funding to MJF from the four law schools was approved. There have now been several meetings involving the four deans and MJF's executive committee. The result has been positive; all four law schools decided to increase their funding. Conlin encouraged members to approach the deans whenever we see them and let them know how much we appreciate their commitment to MJF. Laird is working to ensure that law school leaders understand how much legal services and pro bono organizations do to help advance students' careers by providing excellent volunteer learning opportunities. Laird announced that more placements are needed for students. New law students are very interested in MJF; one-half of the first year students at the U of M came to the first MJF chapter meeting. Laird suggested that when members are recruiting new pro bono volunteers, it might help to mention law students are available to help them with their pro bono case. Students are willing to travel during winter and spring break and outstate programs should consider how they might use students during those times. Laird also mentioned the Attractive Nuisance Tour, an upcoming fundraiser for MJF and the Hennepin County Bar Foundation. It will be held Friday, October 14 at First Avenue. All the bands have lawyer members.

Tech Issues for Non-LSC Programs: Mischel reported that a technology planning grant proposal was submitted to LSAC by MVAP (Minnesota Volunteer Attorney Program). The amount requested is $10,500. It would be used to contract with MAP (Management Assistance Project) to perform a technology assessment of all the non-Coalition legal services and pro bono programs that expressed a desire to participate. The assessment will provide recommendations and establish baseline needs, as well as provide cost estimates for recommended upgrades or new equipment and possible funding sources.

Pro Bono Annual Report: Palmer provided an update and information that a first ever pro bono annual report will be sent via email to all MSBA members in June 2006. This is a small subcommittee, so anyone else interested in volunteering their efforts on this project would be most welcome. The goal is to roll out the report to the community with some sort of fanfare.

Attorney Registration Fee: Conlin reported that this subcommittee was tabled last year on account of poor timing. Given the funding success at the state legislature, all agreed it is an inopportune time to try and pursue an increase in the attorney registration fee, with the increased funds going to legal services and pro bono. The question of timing will be reviewed again at the beginning of the next LAD year.

Report on Pro Bono Council: The Council was officially launched July 1 with a joint venture agreement signed by the participating members. The first official meeting of the Pro Bono Council is September 30th and will deal with organizational issues such as electing a Chair, setting goals, etc. The Council did have an interim meeting to review potential grant requests to LSAC (Legal Services Advisory Committee). The Council decided it was premature to take an official position on any of the grant requests.

Report on new state Legal Services Planning Committee (LSPC): Heydinger reported that the newly appointed Committee has had one meeting so far. The Committee was appointed by the Supreme Court as the successor body to the former Legal Services Planning Commission. The Committee is chaired by Peter Knapp and is looking at how to get a handle on client need in order to inform decision making and set priorities for state legal services programs. Discussion at the first meeting included whether or not to request funding from LSAC for a staff position, since the Committee has no funding and no staff. The group decided not to pursue LSAC funding.

MSBA's Hurricane Katrina Relief Efforts: Mischel reported that MSBA President Sue Holden appointed a Katrina Relief Task Force. The Task Force met and divided into four subgroups: Delivery of Legal Services, Fundraising, Donations of Goods for the legal profession (such as office furniture), and General Humanitarian (such as providing housing for a displaced person). Many members responded to Sue Holden's emails with offers of help. A list of those who have volunteered has been compiled. While reports last week indicated that 3-5,000 evacuees would be coming to Camp Ripley in Minnesota, the latest reports put the number at 300 or less with a processing center to open in St. Paul, rather than Camp Ripley. It is anticipated that there will be both short term and long term legal needs. At the moment, it appears legal services will have a few attorneys at the processing center to provide help, with pro bono attorneys being called in to help as needed and provide backup on issue areas where legal aid lacks expertise. O'Connell mentioned that materials for victims and attorneys assisting victims will be available online at www.LawHelpMN.org (for clients) and www.ProJusticeMN.org (for lawyers). Hughes stated that the pro bono coordinators at the large firms stand ready to help with whatever is needed. Friedman raised the issue of criminal justice implications and suggested that someone with experience in criminal law should be included in the discussions.

NEXT LAD COMMITTEE MEETINGS:
Tuesday, November 8, 2005 8 a.m.
Tuesday, January 10, 2006 8 a.m.
Tuesday, March 14, 2006 8 a.m.
Tuesday, May 9, 2006 8 a.m.

Minutes
MSBA Legal Assistance to the Disadvantaged Committee (LAD)
May 10, 2005

The May 10, 2005 meeting of the MSBA LAD Committee convened at 8:00 a.m. in the President's Room of the MSBA office. Tom Conlin and Katie Trotzky presided as co-chairs.

Attending in Person: Steve Befort, Bruce Beneke, Karen Canon, Ed Cassidy, Mary Durand, Sharon Elmore, Michael Friedman, David Galle, Roy Ginsburg, Candee Goodman, Kathy Gross Schoen, Beverly Heydinger, Peter Knapp, Janine Laird, Jerry Lane, Jean Lastine, Bricker Lavik, David Lund, Julie Nilsson, Warren Ortland, Sue Pontinen, Clare Scott, Roger Stageberg, Brad Thorsen, Dan Tyson, Lloyd Zimmerman,
Nancy Mischel and Caroline Palmer (MSBA staff).
Attending via Telephone: Mike Connolly, Doug Johnson, Patty Murto, Mary Seaworth, Sarah Shella-Stevens.

A Spotlight on Volunteer Attorney Program (VAP): Murto provided some history on VAP, a 501(c)(3) which formed in 1981 as of one five ABA pilot projects and is now celebrating 25 years of service. VAP receives 50-85 calls per day and closes an average of 500-900 cases/year. VAP closed 120 bankruptcy cases last year and handles a lot of family law cases. Due to insufficient staff, VAP does not track advice only. VAP has established clinics so that one attorney can handle 10 people. Clinic clients do not sign representation agreements unless the matter becomes contested. Murto does a weekly TV program that is shown on public access. VAP also has a Seniors on the Air project in collaboration with the legal aid office (LASNEM). VAP volunteer attorneys now do custody evaluations and serve as parenting time expeditors. They split the fees for these services with VAP and then are covered by VAP's malpractice insurance. VAP has 285 active volunteers and a website: www.volunteerattorney.org.

Tech Issues for Non-LSC Programs: Conlin asked for volunteers to serve on a new subcommittee that will look at what can be done to provide tech assistance to small legal services programs that are not part of the Legal Services Coalition. Murto, Durand, Trotzky and Elmore volunteered.

CLE Credit for Pro Bono: Palmer reported that the working group met after the last LAD meeting and made some changes in the proposed rule based on comments received. The changes streamline and simplify the proposal to make it the least objectionable possible. The group decided not to try and obtain ethics or elimination of bias credit for doing pro bono. The LAD Committee unanimously approved the proposal. The next step will be to garner support from the MSBA as a whole.

Legislation and Funding Update: Heading into conference committee both the House and Senate have increased funding for civil legal services in their budget bills. The problem is that there is no overall agreement between the bodies on overall spending and revenue. Rumor has it there will be a special session. Particularly crucial at this time are letters to the attorney members of the Public Safety budget conference committee, House and Senate leadership and to the Governor reminding them that legal services is a critical priority and urging continued support of the funding increase to legal aid. Chief Justice Blatz is also to be commended and thanked for her efforts, as well as Glenn Dorfman of the MN Realtor's Association.

Legal Services Planning Commisson: Knapp stated that he is working on an article including the report for a law journal. The Commission's final report will likely be available on the MSBA website and/or the Supreme Court's website. There is no order yet from the Supreme Court yet appointing the Commission's successor body.

Legal Aid Law Day Dinner: Lane reported that 975 tickets were sold and more than 800 people actually attended. Lane attributed the excellent turnout to the fact that Roger Stageberg was being honored that night for his long history supporting legal aid.

Subcommittee Updates:

Pro Bono Council Task Force: Canon reported that the Pro Bono Council agreement is now being ratified by the various member organizations. Representative(s) must be designated by June 30, 2005. The first official meeting of the Pro Bono Council will be September 30th. Information will be available on the MSBA website. Beneke stated that Canon and Goodman are to be commended for their leadership and positive ideas.

Judiciary: Zimmerman reported that letters from almost every judicial district encouraging pro bono have been collected. Judge Touissant is still working on the Court of Appeals letter. This is the first time in Minnesota history, and likely across the county, that such an effort has been accomplished. Murto, who is on the ABA Pro Bono Committee, will bring this to Committee's attention at their June meeting. Lavik raised the issue of how to ensure that all the lawyers in the state see the letters. Efforts will be made with the large newspapers and MN Law and Politics to see if they will publish the letters. The Supreme Court letter was distributed at Legal Aid's Law Day Dinner and will also be handed out at the MSBA Convention. In addition, an enlarged and framed version of the letter will be hung in the MSBA lobby. Many judicial districts mailed their letter to attorneys in their district.

Websites: Scott reported that their volunteer is in the process of designing the LAD homepage. Elmore stated that there is a ProJusticeMN stakeholder meeting on May 26 at 9am at the MSBA. LawHelpMN has a new search feature. Changes from the recent usability study are being implemented.

Marketing: Gross Schoen reported that the subcommittee received a marketing industry association award for its work on LAD branding. Gross Schoen distributed LAD notecards and postcards, and unveiled two LAD ads expanded to posterboard size. These items were produced through the generosity of Fredrikson, Lindquist & Vennum, Shapco Printing and Spectra. Conlin and Trotzky will send thanks to these generous donors. The LAD postcards will be mailed in September to all MSBA members. LAD will have a table at the MSBA Convention in June where people can sign up to do pro bono and pick up more information. 21 firms have donated $100 each for refreshments at the LAD social hour on Thursday during the Convention. Conlin suggested anyone attending bring a box of crackers or goldfish (his personal favorite). Wednesday evening LAD will sponsor a game for the "country fair" theme event. Some great prizes have been donated to LAD that will be used as a draw for the social hour, including a miniature digital camcorder, a membership to the Hill Library and gift certificates to the Mission Restaurant.

Law School Initiatives (LSI): Laird reported that the subcommittee was hosted by Maury Landsman at the University of Minnesota this year; and most of the meetings focused on funding for MJF. Laird distributed a fact sheet on MJF and a proposed resolution for LAD to consider requesting that the law schools increase their current contribution towards MJF. LSI is now a national model to get students to do pro bono before going into practice; the law schools advertise MJF's public interest program in their recruiting materials. After a brief discussion, the resolution was unanimously adopted. Conlin and Trotzky will write a letter to the deans on behalf of LAD supporting LSI, enclosing the resolution and the Supreme Court letter encouraging pro bono. Alumni of the schools are encouraged to contact the deans and urge their support of MJF.

NEXT LAD COMMITTEE MEETINGS:
Tuesday, September 13, 2005 8 a.m.
Tuesday, November 8, 2005 8 a.m.
Tuesday, January 10, 2006 8 a.m.
Tuesday, March 14, 2006 8 a.m.
Tuesday, May 9, 2006 8 a.m.

Minutes
MSBA Legal Assistance to the Disadvantaged Committee (LAD)
March 8, 2005

The March 8, 2005 meeting of the MSBA LAD Committee convened at 8:00 a.m. in the President's Room of the MSBA office. Katie Trotzky and Tom Conlin presided as co-chairs.

Attending in Person: Committee Members - Bruce Beneke, Karen Canon, Mary Durand, Michael Friedman, Roy Ginsburg, Candee Goodman, Kathy Gross Schoen, Jerry Lane, Jean Lastine, David Lund, Julie Nilsson, Warren Ortland, Jim Patterson, Clare Scott, Roger Stageberg, Brad Thorsen, Lloyd Zimmerman. Others interested - Sue Pontinen, Nancy Mischel and Caroline Palmer (MSBA staff). Attending via Telephone: Mike Connolly, Doug Johnson, Patty Murto, Sarah Shella-Stevens, Bill Thompson.

National Pro Bono Institute Award: Thorsen reported that Volunteer Lawyers Network (VLN), Central MN Legal Services (CMLS), US Bank and Dorsey & Whitney were awarded the prestigious national Pro Bono Institute award for their legal clinic at the Brian Coyle Community Center in Minneapolis. Many clients have been served as a result of this combined effort. On behalf of VLN and CMLS, Thorsen accepted the award in Washington DC at the national conference. Canon from US Bank and Peter Hendrickson from Dorsey were present to accept the award on behalf of their respective organizations. Thorsen said that Minnesota is leading the way in pro bono corporate partnerships.

A Spotlight on VLN: Thorsen provided some history on VLN and information on current projects. VLN started in 1966 as Legal Advice Clinics. They now have a staff of nine, five of whom do phone intake. The intake process ensures callers are income-qualified. For full representation the cutoff is 125% of the federal poverty level (FPL). For phone advice 187.5% of FPL is used and for advice at legal advice clinics, 300% of FPL is the cutoff. VLN provides advice only, brief service and full representation depending on the case. VLN coordinates their efforts with both legal aid and VAP in Duluth. VLN saw an increase in their volunteer numbers after former MSBA President Jim Baillie issued his call to honor. VLN received over 6000 calls last year and they had 700 volunteer attorneys who took matters. Thorsen suggested that LAD could help VLN in two ways. One is to help VLN make more inroads into the corporate community. The other is to help VLN provide a day of programming for their staff on issues such as the difference between legal information and legal advice, dealing with mental illness in intakes, etc.

Tech Issues for Non-LSC Programs: Trotzky informed the LAD Committee that the MSBA is interested in putting together a meeting for non-LSC -LSAC programs to survey their technology needs and discuss any funding opportunities. Perhaps one combined grant is possible.

CLE Credit for Pro Bono: The Committee discussed a proposed rule for Minnesota which incorporates various aspects of similar rules from other states. Palmer requested LAD approval to move forward with the proposal by talking with bar leaders and the CLE Board, which is an independent state agency. Allowing CLE credit for pro bono work is another way to encourage participation in pro bono and a side benefit will be that it provides a volunteer tracking mechanism. Washington state has seen a good response since their similar rule took effect. Several members raised issues that will need to be addressed to garner support, from the lost income concern for current providers of CLE, to a concern that opening CLE for other than the strictest interpretation of "education" might be difficult. Palmer said the working group will reconvene and consider changes to the proposed rule based on LAD's discussion. On the whole, the LAD Committee approved the concept and asked the working group to proceed.

LAW Day: Conlin mentioned that LAW Day is May 1st and asked if LAD had ever done anything in conjunction with LAW Day. The answer was no; LAW Day has been a project of various programs and local bar associations rather than LAD. For example, Thorsen stated that the HCBA has taken the ABA LAW Day theme and had legal advice clinics outside their office in the City Center. Murto said that LAW Day has always been a project of the volunteer attorney program in Duluth rather than a project of the bar. Conlin asked for volunteers to help the judiciary subcommittee of LAD with their effort to recruit judges to sign the pro bono letter to be published on LAW Day (see subcommittee reports below). Trotzky, Lastine, Nilssen, Conlin, Thorsen and Goodman volunteered.

Legislation and Funding Update: Lane reported that a bill raising real estate filing fees, with the increase to be directed to civil legal services, has been introduced in the House and the Senate. It has the strong support of the MN Realtors Association. Hearings on the bill have not yet been held. Lane also mentioned that the Legal Aid Society's annual Law Day Dinner will be held May 3rd. Roger Stageberg will be the guest of honor.

Dobbins Case Update: Lastine informed LAD that LSC is appealing the Dobbins case to the 2nd Circuit. The U.S. District Court in Dobbins ruled that New York legal services programs receiving LSC funds could use their private, nonfederal funds to engage in a range of advocacy activities that Congress restricted in 1996, and that the programs could share employees, equipment and back office space with their non-LSC affiliates.

Unbundled Legal Services: Lastine reported that the MSBA's Pro Se Committee has been looking at unbundled legal services, thinking that perhaps it might be easier for attorneys to do pro bono if they could limit their representation to a discrete portion of a case. The Committee had drafted rule changes but after holding two focus groups (one with judges and one with attorneys), they think education may be the better route. They are in the process of drafting a report which they hope to present at the statewide Convention in June. An education plan would be developed through the MSBA and MNCLE, with topics such as how to draft a retainer agreement.

Client Demand Side Update: Friedman reported that Sharon Elmore, David Galle and himself met after the last LAD meeting and defined their task as outreach and awareness on accessing justice, particularly concentrating on raising the awareness of intermediaries who might make referrals (ie: social workers, public defenders, United Way, etc). Handouts will be developed and an effort will be made to appear at statewide conferences for these types of groups. Elmore will be taking the lead in this work.

MSBA Convention and LAD Presence: Conlin noted that the LAD Committee will be hosting a social hour at the Convention, which is at Madden's Resort in Brainerd, June 15-17, 2005.

Subcommittee Updates:

Pro Bono Council Task Force: Canon said a final report from the group will be available the next time LAD meets. At their last meeting, the Task Force reviewed a draft joint venture agreement to form a coalition of participating pro bono providers. Organizations are taking the agreement back to their boards for input. One issue will be how to coordinate the Council's work with the MSBA.

Judiciary: Zimmerman reported that the subcommittee is building from the accomplishments of last year. They have submitted a letter to the Judicial Standards Board asking for a formal opinion regarding the ability of judges to encourage lawyers to do pro bono. The opinion will likely help alleviate any concerns individual members of the bench may have in this regard. The 3rd judicial district (Rochester) has a call to action letter signed by all of their judges that has been sent to area attorneys. Zimmerman said there are efforts underway to have the entire state bench sign a letter encouraging pro bono and publish it on Law Day.

Websites: Scott reported that their volunteer is beginning to design the LAD homepage. Palmer added that the pro bono directory on ProJusticeMN.org is now searchable by geographic area, type of case desired, organization, etc. Also, the legal services coalition directors approved having all legal aid attorneys automatically signed up for ProJusticeMN.

Marketing: Gross Schoen distributed a sample LAD brochure, notecard and postcard. The marketing subcommittee is obtaining quotes to produce these items in large quantity. They are also looking for a volunteer vendor to put the LAD ads on posterboard for use in the MSBA lobby and at the statewide convention. The LAD ads will be run in the Bench & Bar.

Law School Initiatives: Nilssen reported that the subcommittee is looking at creating a class that would expand on the substantive skills lawyers working in the public interest/nonprofit sector need, such as fundraising, media relations, etc. There will be a recognition ceremony for law students who have completed 50 hours or more of volunteer work at the University of St. Thomas on April 5 at 5pm.

Attorney Registration Fee: Conlin reported that a small group has been meeting to try and develop a theme for this issue, anticipate objections and deal with them strategically. Any LAD members interested in helping in this effort should contact Mischel at the MSBA.

Other Business: Murto said that state Rep. Tom Huntley from Duluth has legislation that will allow small businesses to join the same insurance plan. Murto suggested that nonprofits take a look at the bill and she will contact Rep. Huntley for more information.

NEXT LAD COMMITTEE MEETING: May 10, 2005 at 8:00 a.m.

Minutes
MSBA Legal Assistance to the Disadvantaged Committee (LAD)
January 11, 2005

The January 11, 2005 meeting of the MSBA LAD Committee convened at 8:00 a.m. in the President's Room of the MSBA office. Tom Conlin and Katie Trotzky presided as co-chairs.

Attending in Person: Committee Members - Karen Canon, Ed Cassidy, Mary Durand, Sharon Elmore, Michael Friedman, David Galle, Tom Goodman, Kathy Gross Schoen, Thomas Johnson, Janine Laird, Jerry Lane, Bricker Lavik, Lora Mitchell, Julie Nilsson, Jim Patterson, Clare Scott, Brad Thorsen, Lloyd Zimmerman. Others interested - Beverly Jones Heydinger, Sue Pontinen, Nancy Mischel and Caroline Palmer (MSBA staff). Attending via Telephone: Doug Johnson, Sarah Shella-Stevens

Introductions: Conlin introduced Caroline Palmer, the new Pro Bono Development Director at the MSBA. Palmer comes to us from the Minnesota AIDS Project. Among her roles at the MSBA, she will serve as a liaison between pro bono programs and the bar and will be staffing the LAD Committee along with Mischel. We are very pleased to welcome her!

CLE Credit for Pro Bono: Palmer distributed and reported on some research she did regarding other states that offer CLE credit for pro bono work. There are currently five states with this option. Lavick mentioned that a similar effort was attempted in Minnesota 7 or so years ago to no avail. Lane thought that perhaps a track record of five years in New York and adoption by other states might now prove influential with Minnesota's CLE Board. Laird, Thorsen, Pontinen and Zimmerman agreed to work with Palmer to gather specific information from states with pro bono CLE credit as to reaction from their CLE Boards.

Legislation and Funding Update: Lane reported that he and Bruce Beneke, along with representatives from the MN Realtor's Association, met with House Republican leadership about the legal services funding proposal. The signals from House leadership were encouraging, but the state has a substantial budget deficit to address and it is a long time between now and the end of session. Public defender funding is on a fast track for the biennium and is being heard in a deficiency committee. Lane stated that there will likely be a cut in federal LSC funding for 2006 due to the enormous federal deficit. Lane reported on the Dobbins case, which challenged federal restrictions preventing legal services offices that receive federal LSC funds from using private funds to represent particular clients and types of cases (such as class actions). The Court found the private money restrictions violated the First Amendment of the Constitution. The impact of the decision is unclear; but it may have some repercussions within LSC and Congress.

State Planning Commission: Lane reported that the last formal meeting of this group was December 15. Peter Knapp is preparing the final report which addresses how to keep track of changing needs and how to do future planning. The report contains recommendations for a legal services funding increase and an attorney registration fee increase. Knapp should have the report completed by the end of January. A slate of candidates for an ongoing successor body should be ready for presentation to the Supreme Court around the end of January as well. This smaller group of 12-15 people will serve as a "think tank" for all access to justice issues across the state. Lavick asked about the status of work on the attorney registration fee increase proposal. Trotzky and Conlin responded that the timeframe for that work is likely 6-9 months, with the hope that a petition would be ready for the Supreme Court in the fall of 2005.

Role of LAD vis a vis the Ongoing Commission Body: Conlin asked about coordination of LAD work vis a vis the ongoing planning body of the State Planning Commission. Lane suggested that there will likely be enough overlap in membership between the two groups that coordinating work should not be a concern. Conlin reiterated the desire that LAD be a "doing" committee and invited members to bring to LAD a problem in their organization (ie: a staffing issue, knowledge gap) that LAD can help solve. Lavick commented that many initiatives have been generated by LAD. Pontinen mentioned that VLN has an initiative to involve corporate legal departments more in pro bono work and asked whether LAD can play a role in that effort. Conlin appointed Roy Ginsberg, former ACKA Board Chair, to lead the charge to recruit corporate counsel. Pontinen or Thorsen will contact Ginsberg and inform him of his new responsibility.

Bernard Becker Awards: Mischel reported that the MSBA is now soliciting nominations for the Bernie Becker Award. Two awards are given to legal services staff and one award to a law student volunteer. Nominations are due February 18 to Tim Groshens. More information, nomination forms, and a list of past recipients are available online at: http://www2.mnbar.org/committees/lad/Becker-Awards.pdf
Friedman, Nilsson, Durand and Trotzky agreed to review nominations with Mischel and make recommendations to the MSBA Council, which will likely approve the list and forward it to the MSBA Assembly. The awards are given at the April Assembly meeting.

Subcommittee Updates:

Pro Bono Council: Canon updated the Committee on the work of the Pro Bono Council, which she expects to wrap up in March. The Council decided it does not wish to be housed under the Supreme Court, but they do desire an affiliation with the MSBA. The model to launch the Pro Bono Council will be that of a joint venture; a coalition of the willing. In the future, they may form a 501(c)(3). The Supreme Court's Planning Commission recommended approval of a permanent Pro Bon Council. The Council adopted four functions: to serve as the voice of pro bono; to make recommendations regarding a pro bono delivery system; to develop and implement new pro bono projects; and to promote pro bono involvement by private attorneys.

Judiciary: Cassidy reported that the subcommittee is making sure judicial districts maintain their pro bono committees and think ahead to pro bono award recipients for May 2005. They are also looking to bring judges to CLE's to encourage pro bono work. Gross Schoen wrote a one-page talking points sheet for judges to use, which both increases comfort level and provides a consistent message. A pro bono volunteer sign-up sheet will also be handed out at CLE's. The group will encourage judges to have LAD marketing cards with a number to call to volunteer available on their desks. Heydinger mentioned an article she had read recently on the topic of judges encouraging lawyers to do pro bono work; she will forward it to Mischel for distribution to Committee members.

Websites: Scott reported that the subcommittee wants to build on the LAD brand, driving people to use the LAD website and phone number. They have developed the architecture for the LAD website, which will link to LawHelp and ProJusticeMN. Usability improvements are being looked at for ProJusticeMN. So far all the work on the LAD website and marketing campaign has been done gratis.

Marketing: Gross Schoen distributed copies of two marketing ads which the subcommittee is looking to place in legal publications. Bench & Bar and MN Lawyer will run the ads for free when they have unused space, but that rarely happens. A discussion regarding the cost of advertising space ensued. The subcommittee will develop recommendations for funding source(s) for the ads. Cassidy suggested the ads could be turned into a brochure which could then be included with CLE materials.
There is also a plan to go back to managing partners with the LAD business cards and a letter encouraging their support of pro bono. Palmer will be responding to and tracking calls that result from the LAD cards. This will enable LAD to develop some statistics regarding unmet legal needs and volunteer attorney efforts.

Law School Initiatives: Laird reported that the subcommittee is working on increasing law school funding for LSPSP (Law School Public Service Program) and welcomes strategic ideas. They are also looking at creating a class that would expand on the substantive skills lawyers working in the public interest/nonprofit sector need, such as fundraising, media relations, etc.

New Business: Friedman raised that LAD generally talks about issues from the supply side of view and that he would like us to also discuss them from a demand side for clients. We could do a better job getting information to people (such as social workers and First Call for Help) who make client referrals. Elmore mentioned national beehive websites, which list resources for low-income people to find services. Trotzky added that legal aid publishes a number of booklets and fact sheets through its Community Legal Education Program. Additional discussion on this topic will take place at a future LAD meeting.

Trotzky requested that LAD members let Mischel know if they would be able to attend LAD meetings if they started at 7:30 rather than 8:00 a.m.

NEXT LAD COMMITTEE MEETING: March 8, 2005 at 8:00 a.m.

The September 14, 2004 meeting of the MSBA Legal Assistance to the Disadvantaged Committee (LAD) convened at 8:00 a.m. in the President’s Room of the Minnesota State Bar Association office. Thomas J. Conlin and Katie Trotzky presided as co-chairs.

ATTENDING/IN PERSON: Committee Members—Stephen F. Befort, Karen J. Canon, Edward Q. Cassidy, Erika N. Donner, Mary T. Durand, Sharon L. Elmore, Michael Friedman, David B. Galle, Roy S. Ginsburg, Candee Goodman, Thomas H. Goodman, Kathy Gross Schoen, Thomas J. Johnson, Janine A. Laird, Jeremy Lane, Bricker L. Lavik, David C. Lund, Julianne Nilsson, Caroline S. Palmer, Clare B. Scott, Roger V. Stageberg, Bradley C. Thorsen and Daniel R. Tyson. Others interested—Jim Baillie, Alanna Morovitz (MSBA).

ATTENDING/TELEPHONE: Sarah J. Shella-Stevens, Patty Murto and Mike Connelly.

After attendees introduced themselves the following agenda was presented:

NEW BUSINESS

MEETING SCHEDULE: Tom Conlin, co-chair, reminded everyone to mark their calendars for the upcoming meeting dates. The next meeting of the committee is November 9, 2004. Subsequent scheduled meeting dates are: January 11, 2005, March 8, 2005 and May 20, 2005.

STATUS REPORT - PRO BONO DEVELOPMENT DIRECTOR/ACCESS TO JUSTICE DIRECTOR POSITIONS: Tom Conlin reported that applications have been received and interview conducted for both full time positions at the MSBA. Both positions should be filled by October, and both of these new employees will serve as staff to LAD.

REPORT ON CALL TO HONOR: Jim Baillie presented a 13-page report, A Call to Honor, which summarized the year of pro bono and briefly discussed the ten goals of the LAD Committee for the 2003-04 year. The committee thanked Jim for his past chairmanship efforts.

MICROSOFT SETTLEMENT FUND STATUS: Jerry Lane reported on money allocated for LAD from recent Minnesota Microsoft settlement. Jerry stated that this allocation is an unconditional payment (endowment) as opposed to cy pres funds. If approved by Judge Bruce Peterson, the distribution would likely be in 2005. This new money, approximated $2.5 million, will be added to the existing statewide endowment and will bring the total endowment to close to $4 million. The earnings on this money will be distributed annually, through the LSAC/LTAB distribution process. Jerry stated that there has been considerable national attention to this endowment and it would be a terrific “ripple effect” for the disadvantaged legal assistance program.

LEGISLATIVE UPDATE: In Bruce Beneke’s absence Jerry Lane reported there was a $3.5 million initiative of increasing the real estate document filing fee before the legislature. The Senate supported this initiative but it failed to pass due to prosecutor’s needs taking priority. Again this year there will be a “feeding frenzy” at the appropriation table. There is a current state appropriation of $6.5 million. Jerry reports the real estate document filing fee initiative will be presented with renewed energy. He also stated that, although this state appropriation sounds like a large amount of money, in reality it replaces the losses of the last five years for pro bono funding and the dive of IOLTA funds due to low interest rates.

Jerry emphasized the need to contact your legislator and urge the passing of the real estate document filing fee increase. The committee suggested that Jerry prepare a paragraph letter to assist anyone interested in sending a plea to their legislator. Jerry agreed to prepare this for distribution.

JUDICIARY UPDATE: Ed Cassidy reported on the establishment of a district-by-district program where one judge would oversee pro bono fund raising and new judge training for each district. This program is in the “care and feeding” stages with Judge Blatz as a forceful proponent. Hennepin County and Ramsey County both sent letters with signatures of all judges in support. This is the first time in the 150-year history of the court that all judges have gotten together and written such a letter.

Patty Murto requested a copy of both letters be sent to her.

LAUNCH OF LegalCORPS: Brad Thorsen reported that LegalCORPS is launched but only taking referrals at this point. There is a statewide telephone number: 1-888-454-5267 or locally 612-752-6678. E-mail: sherene@legalcorps.org

IOLTA/LTAB/LSAC: Joe Genereux and Roger Stageberg met with USBANK for the 2004-05 year plan and encouraged the bank to increase interest rates on IOLTA funds.

PRO BONO SPENDING: Bricker Lavik handed out a packet detailing his research on the 2003-04 spending for pro bono. It breaks down the three primary delivery systems (models) of where the money was used. There are draft comments at Tab 8 by Bruce, Jerry and Kathy.

WEBSITES: Sharon Elmore presented a report on the ProJusticeMN.org and LawHelpMN.org websites. A committee has been doing some usability testing on three groups (law students, staff, legal aid attorneys and volunteer attorneys). They are ready to start implementing changes to LawHelpMN.org.

There was a proposal by the LAD committee to establish a subcommittee for the website work and hopefully this subcommittee could prepare a report for the November meeting on the status of website testing. Sharon Elmore, Tom Goodman and Clare Scott volunteered to co-chair this subcommittee. They will recruit and assemble subcommittee members, many from the ranks of previous “stakeholders” meetings.

PRO BONO COUNCIL TASK FORCE: Karen Canon reported on statewide initiatives and the four objectives of the Pro Bono Council. There are 21 members on this task force and the four objectives are: (1) set up a permanent structure; (2) strategy arm of council; (3) oversee statewide initiatives and (4) full partner in state legal services planning body.

The Pro Bono Council Task Force has met twice and is focused on establishing a mission statement and who would be taking what steps to meet objectives. MVAP is a possible vehicle for this initiative rather than the Pro Bono Council so there is no overlap. There will be a report presented at the November 9 LAD Committee meeting.

PUBLICITY/MARKETING: Kathy Gross Schoen and Clare Scott discussed the efforts of this subcommittee. A logo for LAD has been established and there is an ad in circulation to recruit new pro bono volunteers. The areas of their work are (1) advertising; (2) public relations; (3) website (major focus); and (4) the MSBA convention. They asked members to keep them abreast of stories or news they could use in their ad campaigns. There was a discussion by the LAD Committee of how success of publicity and marketing can be measured. Clare Scott stated that a designated phone line has been one way to track marketing success.

LAD GOALS FOR 2004-05: Katie Trotzky led a general discussion on goals for the committee this year. Major topics to consider were: (1) required pro bono reporting; (2) attorney registration fee increase; and (3) real estate filing fee increase. Jerry Lane stated that the resources commission supports Nos. 1 and 2. The state bar association passed these but they were turned down by the Supreme Court. Jerry felt the goal of the LAD Committee should be to focus on getting support for the raising of the registration fee. Ed Cassidy suggested that the committee harness this goal with the mandatory pro bono reporting. There was discussion of the pros and cons of linking the two goals under one effort. There was information offered which suggested that the northern segment of bar association members are opposed to the registration fee increase.

Tom Conlin mentioned examples of mandatory reporting in Florida, Maryland and Nevada which led to the increase of pro bono work in those states. There was more discussion whether the LAD Committee wants to approve the concept of linking the two goals. Some discussion was had of letting the planning commission make the recommendation and only then should the MSBA get behind this.

Jerry Lane suggested a subcommittee should be formed to explore this goal. Discussion was then had on the necessity of another subcommittee being needed. The resources committee is involved and looking at this goal also.

Brad Thorsen, Janine Laird, Mary Durand and Jerry Lane volunteered to look into whether the LAD committee should work on joining mandatory reporting and increase in registration fee together as one goal.

Bricker Lavik suggested a goal of meeting or exceeding our recruiting goal from last year. Last year 500 new pro bono lawyers were involved and 1,000 new pro bono cases were handled. Bricker believed the committee should attempt the goal of increasing these numbers. There was a discussion within the committee on the idea of a subcommittee handling this goal. Karen Canon suggested that the Pro Bono Council Task Force handle this project. There were comments about the issue of keeping statistics and letting groups know the number increase goal. There was a general agreement that the increase was important and a number should be determined, letters should be sent to groups stating we are continuing what we’re doing with the possibility of finding a new way to count so our numbers increase and accurately reflect the efforts.

Katie Trotzky asked for a motion to support the legislative initiative. Janine Laird made the motion, Clare Scott seconded the motion. The motion was carried unanimously.

OTHER BUSINESS

Patty Murto reported to the group that they had received a note from Congressman Oberstar’s office that Violence Against Women was granted $627,099. This is the largest grant of its kind for northern Minnesota.

ADJOURNMENT

The meeting was adjourned at 9:50 a.m. The next meeting of the LAD Committee will be November 9, 2004.

Tom Mielenhausen chaired the meeting; Co-chair Barbara Penn was not able to attend. Those attending in person included Jim Baillie, Bruce Beneke, Karen Canon, Mary Durand, Sharon Elmore, Sharon Fischlowitz, Michael Friedman, Roy Ginsburg, Candee Goodman, Ken Kohnstamm, Janine Laird, Bricker Lavik, David Lund, Angie McCaffrey, Michelle McCullogh, Michele Garnett McKenzie, Caroline Palmer, Sue Pontinen, Roger Stageberg, David Stowman, Brad Thorsen, Katie Trotzky and Judge Lloyd Zimmerman, Nancy Kleeman of the MSBA staff, and law firm marketers Clare Scott, Jennifer Metz, Esther Larson and Kathy Gross Schoen. Those attending on the phone included Patty Murto, Sarah Shella-Stevens, Bill Thompson and Nancy Wallrich of the MSBA staff.

Judge Zimmerman reported on the Judicial District Pro Bono Committee activities. The project is taking a lot of energy but it is well worth it since the goal is to create something that will live on. All districts but the 9th have created a committee. The 4th is trying to establish a blueprint for a model. They have put together a letter signed by all 61 Hennepin County judges and all federal judges chambered in Minneapolis. It was handed out to everyone attending the Fund for the Legal Aid Society annual dinner. Goodman is working with marketing folks to publicize this effort. Once Hennepin did this, the 2nd decided to do a letter also signed by all the Ramsey County judges that will be sent to every lawyer in the district. There is a friendly competition. Gross Schoen reported that a marketing kit has been developed and HCBA will mail it to about 40 media outlets.

Fischlowitz reported on law student volunteer data and the growing success of the Law School Public Service Program. She noted that she is joining Equal Justice Works in Washington DC. She introduced new MJF Executive Director Janine Laird who starts Monday. The committee thanked Sharon for her wonderful work with MJF for many years. It was noted that the law student program is critical to the future. The Law School Initiatives Committee will continue to advise the program. The Legal Scholarship for Equal Justice course will be at Hamline next school year.

Everyone was introduced with a special welcome to new members and to MSBA president-elect David Stowman.

Beneke gave a legislative update. When the regular session ended, the judiciary finance bill died; it included the Senate proposal for a $3.5 million increase for civil legal aid based on increasing the real estate filing surcharge died. The House bill had a $1.5 million decrease to the base. There has been lots of exploration about a possible special session especially because of the large gap in public defender funding. There are behind the scenes conversation about whether civil legal services might be included in some negotiated bill if there is a special session. The bar will advocate for adequate public defender funding and for the revenue-neutral civil legal aid money.

Mielenhausen asked about MSBA staffing status. Baillie said staffing is up in the air because having two director-level staff instead of one is dependent on $40,000 of outside money coming in (which was committed by the Coalition if the legislature adopted at least a $2 million annual increase). If the legislature doesn’t act, the money will have to be pieced together from other sources. Beneke met with Executive Director Tim Groshens exploring options including potential bridge funding and the allocation of duties depending on various options. The Coalition and LAD would like to keep moving forward with the partnership and increased support for access to justice broadly and pro bono specifically.

Kleeman reported on the Legal Services Planning Commission which the Chief Justice has agreed to extend until December 31, 2004. A key task will be to propose the structure for an ongoing planning process. It will also keep moving forward on its recommendations some of which need work to be completed by December. In that regard Mielenhausen emphasized the recommendations on requiring anonymous reporting of pro bono and increasing the attorney registration fee add on for legal aid. The Commission needs people from LAD to help with these and the recommendations will need to go through LAD for a recommendation to the MSBA. It has been clear that there is lots of frustration with not having documentation about the extent of pro bono services in Minnesota. Mielenhausen has put together a full package of past materials which need to be updated with continuing results from Florida and new required reporting programs in Nevada and Maryland. He emphasized that it’s important not to lose momentum on this. Planning must start now on how to move this forward.

Everyone was encouraged to sign up for projects already described and others by using the checklist handed out at each place and faxed to those on the phone. Those not present will be contacted to get them to sign up as well.

The LegalCORPS report was given by Wallrich. This business pro bono project is now a separate 501(c)(3) housed at the MSBA with an independent board chaired by Joe Genereux at Dorsey. The program is actively trying to raise money; about $22,000 has been raised so far with a major Bush proposal pending (decision in July). They hope to begin to actively place cases in the next month with fuller operations following the availability of funds. Funding would be used to support the pro bono position at the MSBA as well as the front line case placement and attorney recruitment work that will be done by Volunteer Lawyers Network.

Canon reported on the Pro Bono Council. A written report was circulated before the meeting. The proposed initial mission of the Pro Bono Council will be to (1) Function as the strategy and policy arm of pro bono in Minnesota, (2) Serve as an umbrella organization and voice for local pro bono programs, (3) Oversee current statewide pro bono initiatives and develop new initiatives to ensure eligible clients across the state receive the services of volunteer lawyers, and (4) Be a full partner in the state legal services planning process/body.

Two resolutions were presented for action: First, LAD will establish a Pro Bono Council Task Force commencing July 1, 2004, for one year and disband the subcommittee since the Task Force will essentially continue its work. Second, the Task Force is charged with the initial objectives and timelines set forth in the Pro Bono Council Subcommittee report. The Subcommittee further recommends that the Task Force itself remain under LAD and be staffed by the Pro Bono Development Director in its initial year or, if such position does not continue next year, by the MSBA staff person for LAD. The Subcommittee recognizes that if the full-time pro bono position is not funded or filled for some reason, some staffing of the Task Force may have to be done on a volunteer basis.

They suggest spending a year with representatives of all the pro bono players statewide exploring the best way to set up the future council. A list of proposed participants will be given to the LAD co-chairs. The LAD chairs will make the composition decisions. It was moved and seconded to adopt the resolutions as stated above. Discussion followed. Concerns were expressed about spinning off of too many new separately incorporated groups all of which compete for the same pot of limited funding. There was agreement about the need for more interaction among pro bono programs and for pro bono to have its own "voice." It was noted that LAD historically has been the voice for the broad legal services community including pro bono programs so the role of LAD in the long run needs careful consideration including making sure that there is a meeting place for all providers to come together. Pro bono is one strategy as part of a comprehensive delivery system. It was suggested that a more unified voice with funding sources will be helpful. Canon noted that the task force is trying not to prejudge any of the issues. After the discussion the motion carried.

Goodman introduced the law firm marketing folks who were able to attend; the entire group is about 12 people. Lavik and Conlin co-chaired the publicity subcommittee which wanted to thank the marketers for their extraordinary efforts. Gross Schoen commented on how enjoyable it was for people who normally are competing to have the chance to work together. There were four subgroups: PR, advertising, website and convention. All the materials were donated!

Scott talked about advertising, branding LAD, and the Call to Honor. She passed out the final logo. A number of places will run ads at no charge as they have space. There are three ad series: rediscover the true meaning of law; family law; and transactional work. Lavik noted that there was a conscious decision to make LAD the single entry point which should benefit the bar and LAD. There will be a special 612 call in number and efforts will be made to track the calls. Metz reported on the 4th district/HCBA effort. The judges letter and one of the Baillie columns has been sent to various media outlets. There is also follow up with all reporters who did initial stories on Baillie.

Larson talked about the visibility at the convention including being part of the MSBA. For the general assembly the group put together a brochure that will be on all the chairs. Also there will be two versions of table tents for each table. All of these can be used as follow up. There are also display boards that will be used in the halls at the convention. Business cards will be requested at the booth with a drawing for a nice item. The cards will be reviewed after the convention to recruit for pro bono. A sign up sheet was circulated for volunteers to help at the convention booth.

Baillie then presented plaques for exceptional assistance to the four marketers present at the meeting complimenting them for the ways in which glimmers of ideas bore fruit and brought results beyond what anyone could have imagined. The four were Clare Scott, Jennifer Metz, Esther Larson and Kathy Gross Schoen. The others who will also receive plaques include Becky Bickett, Kathryn Dirks, Gloria Frederick, Jenny Frost, Kelly Griffin, Sarah Murphy, Amanda Walsh and Andrea Wood..

Mielenhausen thanked Kleeman for her 20 years of work at the MSBA noting the many clients who were served because of her efforts.

Baillie thanked everyone for their efforts this year, for the diversity and extent of the activities and for moving to a new order of magnitude in what’s being done in Minnesota. Legal services efforts are second to none yet we recognize that we can always improve and expand. As the officers travel around the state, they talk about the crisis in legal services and what the MSBA and members are doing to respond. The responses from members is that this is the right thing to do. This will be celebrated at the convention; it will be a pro bono party. Also, Sandy D’Alemberte will be an inspirational speaker on pro bono including the success of required reporting in Florida.

Stowman commented on how generous bar members are in donating their time -- the spirit is powerful. He noted that he is looking forward to working with LAD and what it generates in the multiplier effect from the rest of the profession.

Mielenhausen mentioned that outgoing chairs are asked to recommend incoming chairs to the president-elect. He and Barbara Penn are suggesting Katie Trotzky and Tom Conlin as co-chairs for the coming year. Mielenhausen and Penn were thanked for their three and two years of service respectively as co-chairs. Much has been accomplished during that time.

If members haven’t responded to the recent inquiry from the MSBA about continuing on this committee, please do so ASAP as people who don’t respond will be dropped. Kleeman noted that LAD is the most requested committee by new lawyers and others solicited about their interest in committee service and there is a 50 member limit.

McKenzie announced that the Minnesota Advocates annual asylum conference with CLE credits will be held on June 4. She encouraged attendance.

The Oakes project at Hamline needs more alums to form pro bono partnerships with law students. Palmer noted that the MN AIDs Legal Project has had great success with this effort. Fischlowitz commented that similar projects will be happening at all four law schools

McCaffrey talked about the symposium held ten years ago on law school initiatives and the law journal that followed documenting the symposium. It is time for another journal devoted to documenting the MN law school initiatives model and imagining the future. She asked people to sign up to help with what is called Pro Bono Journal on the sign up sheet.

Elmore reported that a large stakeholders group has been assembled to work on website matters including the branding with the new LAD logo, having a central pro bono entry point and integrating the entry point with ProJustice and LawHelp. The group is meeting regularly and making good progress.

Goodman reported that the initiative to contact the 100 largest law firms is continuing and additional help is needed. This is also on the sign up sheet.

The family law subcommittee will be meeting again this summer to continue work on a resources directory and joint efforts with the MSBA’s pro se implementation committee which is working with the LPRB and court forms committee on unbundling.

Members were again encouraged to sign up for one or more working committees and then the meeting was adjourned.

Barbara Penn chaired the meeting. Those attending included presenters Claire Scott and Kathy Gross Schoen and Tom Conlin, Bricker Lavik, Judge Lloyd Zimmerman, Candee Goodman, Sharon Fischlowitz, Michael Friedman, Caroline Palmer, David Lund, Bruce Beneke, Jerry Lane, Sue Pontinen, Mary Durand, Brad Thorsen, Michele McKenzie, Roy Ginsburg, Sheila Stuhlman, Jean Lastine, Sharon Elmore, Karen Canon, Nancy Wallrich (staff), Joe Dixon, Jim Baillie, Dan Tyson, and Tom Mielenhausen, Patty Murto, Mike Connolly and Sarah Shella-Stevens by phone, and Nancy Kleeman (staff).

The ad hoc marketing group made a presentation. Lavik and Conlin co-chair the marketing subcommittee. Lavik began by giving some background. A key factor is marketing to lawyers to get more of them to do more pro bono. Conlin recruited law firm marketing people to help with the effort. They were asked to put together a comprehensive marketing campaign and were given carte blanche to use their creativity. The core group has been meeting for close to a year to do groundwork on LAD and pro bono in MN. They in turn recruited a consortium of marketing people that do a volunteer project each year who selected this project for this year. So Castaneda Williams is working on behalf of the ad federation group to start to build a strategy and brand for LAD and pro bono. The project is divided into advertising and recognition. Committee members offered many thanks for all the work past and future. This is a comprehensive long-term project initially focusing on lawyers and possibly in the future looking outward to the client and broader community.

Kathy Gross Schoen from Robins and Claire Scott from Fredrikson presented the proposed project. The client/brand is for Legal Assistance for the Disadvantaged. They took the group through a power point presentation covering client analysis (strengths, vulnerabilities and opportunities), target audience, brand development considerations, objectives and strategies, and tactic recommendations (including a new web site). The presentation is available at

Questions and discussion followed.

Q: Dixon – This is a terrific effort and approach. What is the timeline?
A: AdFed promises three week turnaround to have website and ads finished. All that’s holding them up is getting approval from those who will be implementing. So they should be able to start if the committee gives the go-ahead today. The subcommittee was hoping also to have a baseline measurement in place to then be able to show impact of the new plan. A group is working on getting a baseline of data but it may not be good data.

Q: Conlin – One question is whether there is any way of building into the proposed website a protocol that would help to measure if someone recruited through this campaign is a new volunteer.
A: Trying not to burden existing agencies. One question is whether there are staff in each agency who track. Wallrich was asked to describe her efforts to gather baseline data. She is: trying aggressively to get information from providers by April 1 including all pro bono providers, top 100 law firms, other providers. Everyone reports pro bono differently. Have to agree among ourselves about how to get consistent feedback. Schoen: suggested putting something on web for future input and measurement.

Q: Conlin -- could we have a format on the web site that asks a couple of simple questions, e.g., are you new to pro bono or haven’t taken a case for a year? Also multiple choice/drop down of how got to the site? It was pointed out that with firms counting and pro bono programs through which firm lawyers work, there is some double counting. May need to start without a baseline. Kleeman noted that the Join form for the ProJustice site does ask if someone is currently volunteering. So new volunteers can be tracked on that site.

Q: Lane -- some items in the proposed plan are close-ended but a website is something that requires maintenance and staffing. How will this be handled?
A: Site would be housed with MSBA and there would be both a link to and from MSBA and ProJustice websites and a separate URL. Have looked at ProJusticeMN.org the structure of which is somewhat limiting with structural updates done in NY and on their timeline. So the idea is to create a shell for MSBA staff to plug information into easily, for example all the information in the Pro Bono Directory (which is no longer printed).

Elmore: Clarified how ProJusticeMN works and noted that many existing and new capabilities would work well for what the PR committee has in mind without needing to develop these again on a new site. It will be very important to coordinate with Pro Bono Net in New York. One new tool that will make the directory entries easily searchable should be ready soon and can link to/from easily. It was designed with other bar associations that wanted an entry point separate from their Pro Bono Net (ProJustice) sites and also to make the opportunities portion of Pro Bono Net sites more accessible and versatile. Also, the Coalition is setting up usability testing for ProJustice and has some money for some upgrades. On March 22 at 10 a.m. at the MSBA there will be a stakeholders meeting to give input about both www.ProJusticeMN.org and www.LawHelpMN.org (which is designed for the public) and marketing people will be invited and are encouraged to attend along with other LAD representatives.
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Conlin -- New website initially would be just to draw volunteers.
Schoen -- laid out future possibilities -- site design for $1,500 -- window to do this is open for only the next couple of months as part of the comprehensive package -- put database ideas on the table so site foundation is big enough if want to expand to do this later. Law firms are being solicited to pay the 1,500.

Q: Fischlowitz: is this where lawyers would go to find opportunities for specific cases?
A: Conlin – yes, both general and specific information.

Goodman: want people coming to the site and want to start soon so that Nancy Wallrich is still at the other end of the phone to take calls if people have questions.

Schoen showed examples of sites developed by the group that would do the site (www.10floor.com). A few examples of their work include: www.polaris.edu and www.medina.lib.oh.us Conlin reiterated that they are prepared to do design, layout and development for $1,500 which the firms will raise.

Q: Penn: If full committee approves today as an overall plan, who has ongoing responsibility for development decisions and things like the logo, etc?
A: Conlin--proposes the LAD PR subcommittee should take responsibility, with a few additional people like ProJustice and MSBA web staff.

Schoen -- handed out timeline -- marketers and LAD volunteers will track.

It was moved, seconded and carried that the LAD committee commend the marketing and ad folks and approve the plan as distributed today with the understanding that the initial web site costs will be covered by donations.

Q: Lane: Just wanted to clarify that the planners contemplate that MSBA staff would maintain the new site.
A: Goodman – MSBA staff have been meeting with the PR group on this and all are clear that it will have to go back to MSBA decision makers if larger role develops.

There was some discussion about having the site include the possibility for a backend database function. This must be carefully thought through with people who have current sites to avoid duplication and ensure usability and compatibility.

A sheet with draft logos was handed out and feedback was solicited. The PR folks thought that the gavel is strongest but the logo needs to work on web for lawyers and later with clients. Beneke commented that LAD represents access to civil justice for low-income and disadvantaged Minnesotans in the broadest sense (including pro bono) and the campaign/logo needs to reflect that. The courthouse image seems more appropriate. Other comments were that the logo should be welcoming and that the gavel may signify meetings to lawyers not access to justice. Several liked the courthouse image. Conlin invited LAD members to submit other feedback as soon as possible.

Fischlowitz encouraged attendance at the March 10 recognition ceremony for the 5th class of law students who contributed at least 50 hours of service during law school as part of the Law School Public Service Program. It will be at the University of Minnesota Law School from 5 to 7. Speakers include Justice Paul Anderson and Sen. Mee Moua. MJF figures that 150-200 who are graduating (out of a graduating class of about 800) have done 50 hours. Many students don’t turn in their hours including some who say it debases service to turn in hours. MJF doesn’t count clinic hours which would bring in lots more people. The program is working well and the provider community makes plenty of placements available. It is crucial to have practitioners at the ceremony to help create a seamless transition from law school into the profession.

Fischlowitz also announced the second annual Legal Scholarship for Equal Justice symposium on the morning of April 12 at the U of M Law School with NYU Law Professor Sylvia Law. Her fields include women’s rights, gender issues, welfare and health access issues. The panel discussion will focus on health care access.

Lastine gave a brief update on the family law subcommittee. It is focusing on program priorities and where there are self help clinics. The subcommittee has a law student volunteer to help gather information. They are also coordinating with the MSBA’s Pro Se Committee which is looking at unbundling and improving access by simplifying some family court rules.

Wallrich reminded people about the Lawyering for the Soul CLE on March 23. Details can be found at http://www.mnbar.org/news/probono.htm.

Goodman reported on behalf of Judge Zimmerman about the Judiciary subcommittee. The 4th district meeting was held in Judge Oleisky’s courtroom and went really well. They are looking for buy in from the Federal bench so both Judges Jim and Marilyn Rosenbaum will attend the next meeting. The goal of these judicial district committees is to promote and recognize pro bono. Lavik noted that this statewide effort is moving ahead in all but one or two districts at this point.

A list was circulated for volunteers to review the nominations for the Bernard Becker Legal Services Staff and Volunteer Law Student Awards that will be presented at the April 16 MSBA Board of Governors meeting.

Conlin proposed creation of an MSBA pro bono award to be given to MSBA member (s) annually. In addition he proposed that this award be named the Jim Baillie Pro Bono Award. It was moved, seconded and carried to recommend to the MSBA that this award be created. A working group will develop the criteria for the award. Conlin has begun to collect criteria and will draft a proposal. Tyson and Beneke volunteered to help.

It was noted that meeting notes from the February 26 joint meeting of LAD and the Legal Services Planning Commission will be posted soon on the MSBA web site.

Penn recognized and welcomed two people who were attending their first LAD meeting -- Sharon Elmore and Caroline Palmer.

Justice Sam Hanson chaired the meeting. Attendees included Co-Chair Judge Terri Stoneburner, Jim Baillie, Charlie Bateman, Bruce Beneke, Bob Blatti, Gail Chang Bohr, Karen Canon, Tom Conlin, Mike Connolly, Joe Dixon, Mary Durand, Paula Erdmann, Anita Fineday, Michael Friedman, Sharon Fischlowitz, Kent Gernander, Candee Goodman, Jean Hammink, Beverly Heydinger, Gary Hird, Karen Sullivan Hook, Nancy Kleeman (staff), Peter Knapp, Jerry Lane, Jean Lastine, Bricker Lavik, Susan Ledray, Jaynie Leung, David Lund, Michele Garnett McKenzie, Tom Mielenhausen, Patty Murto, Judge Paul Nelson, Larry Nicol, Maureen O’Connell, Barbara Penn, Floyd Pnewski, Steve Reyelts, Andrea Rubenstein, Jorge Saavedra, Sally Scoggin, Sarah Shella-Stevens, Julie Stanberg (guest), Maggie Skelton (guest), Sheila Stuhlman, Brad Thorsen, Renee Tomatz, John Ursu, and Nancy Wallrich (staff).

Justice Hanson welcomed everyone and noted that we have been on two tracks. The first was LSC program configuration. Now we are looking to the bigger picture, statewide planning. The pro bono subcommittee has been gearing up for the second phase. Today we will look through the lens of pro bono to bring it into the discussion in a strong way. First we will have three brief subcommittee reports, then a word about the LAD committee, then a discussion of pro bono.

Sally Scoggin reported for the resources subcommittee which has been working on legislative funding, an increase in attorney registration fees, and, with other subcommittees, on data gathering through a revised IOLTA/LSAC application and possible infrastructure savings. At the March full commission meeting the subcommittee will be recommending that the commission push for a $75 increase in the attorney registration fee (lower for low-income and new attorneys), with $25 of the increase earmarked for pro bono activities. The current fee is (generally) $218 with $50 earmarked for legal services. The subcommittee has also worked hard on a joint IOLTA/LSAC application. Most providers apply to both bodies. The joint application would enable both bodies to make more informed decisions because it would provide more consistent information about providers, and it would enable programs to file one form for both entities.

Jerry Lane reported on progress with respect to a possible increase in funding for legal aid including pro bono programs during the 2004 legislature. The proposal would add a $2 surcharge to certain real estate filing fees with a $3 million appropriation for legal services based on the revenue source (similar to what was done twice in the early 90s). Recording fees are already in play because the county recorders have a bill to double fees ($20 increase). Sponsorship commitments include Senators Knutson, Neuville, Ranum and Cohen. There is a meeting this afternoon with House committee chair Steve Smith and Glenn Dorfman from the MN Realtors Association who is a key supporter. [UPDATE: Smith agreed to be the lead author in the House with Representatives Entenza, Strachan, Meslow, and Lesch as co-authors. The bill has been introduced as HF 2585.] Dorfman has also had a supportive meeting with the Governor’s chief of staff Dan McElroy

Peter Knapp reported that the best practices subcommittee has been gathering information on planning and oversight committees in various states. If asked to imagine any plausible structure, we could find one like that somewhere. There is a wide range of experimentation. Membership varies widely from 9-10 to 30-40 members. Many committees are under bar associations; some are under the state court system. Full-time professional staff varies from 4+ to 1 fulltime equivalent (sometimes combining time from multiple positions). The amount of centralized authority varies from Washington state’s centralized committee with a great deal of oversight and control over funding and planning, to California, at the opposite end, which is much more diffuse, in part because the state is so large with so many programs and bar associations. Knapp reported that he was impressed with Michigan’s model on paper, but he learned that the configuration process there so badly damaged cooperation and communication that program planning has essentially stopped and efforts are focused on repairing the damage. Many states are still in early stages; Minnesota will need to make its own decisions. There is much experimentation but it is too early for any program to report long-term success.

Beverly Heydinger reported on the client needs subcommittee, thanking best practices for agreeing to try to find out how cost-effective needs assessments are being done in other states (looking at states beyond those with major social science research approaches). Getting a handle on good ways to get information about client needs is challenging. It’s difficult to collect good demographic information about clients served statewide and whether current services are equitably distributed. Work on the joint application for funding will help with that effort. The subcommittee is now looking at barriers to access. Buff-colored handout is a draft survey under review for use to collect a information from a sampling of social services agencies around the state to help identify barriers and ways in which barriers can be overcome. The subcommittee wants to be sure that the commission’s report shows that attention has been paid to this issue and that the recommendations flow from client needs. The subcommittee would like feedback on the survey. The intent is for commission members to email or fax the survey to selected agencies and to follow up with telephone interviews. Program/delivery subcommittee will be asked to get legal services providers to respond to the survey as well. The subcommittee is also working on recommendations for the March meeting. The subcommittee will meet by phone conference on March 9 at 3:00 p.m. and all are invited.

Justice Hanson noted that program and delivery subcommittee is meeting March 11 from 11 a.m. – 2 p.m. at the Judicial Center (with the resources subcommittee sharing one major agenda item on possible cost savings and greater coordination) and all are invited.

Jim Baillie gave an overview of the MSBA’s Legal Assistance to the Disadvantaged Committee, a standing committee that works on access to civil legal services including pro bono issues. The committee goes back to 1981 and is one of the things that has made Minnesota’s system better, in part because of continuity since the early 90s. Barbara Penn and Tom Mielenhausen are the current chairs, continuing a tradition of co-chairs from the private bar and the legal services community. [Handout materials were described – President’s pages, update on 2003-04 pro bono initiatives and a law review article by Baillie]. This year there has been an extensive cooperative effort between LAD and Baillie as MSBA president. LAD adopted Baillie’s recommendation for 10 things to get done this year. Committee members and others have formed subcommittees to work on these pro bono initiatives. Baillie anticipates both one-year and long-term effects.

1. Business Law Pro Bono: a task force started the year before Baillie became president of the MSBA. Its report and recommendations were approved on September 12, 2003. The program has a board, start-up funding and will be separately incorporated with program implementation to start soon.
2. Law Firms and Corporate Counsel: committee members met with the managing partners of the 50 largest law firms to urge increased pro bono efforts, and these managing partners contacted the managing partners of the next 50 largest law firms in this “call to honor” program, which has resulted in more firms having pro bono programs.
3. Judicial Districts and the Judiciary: In Florida, the Supreme Court asked each judicial district to make a pro bono plan. The same thing happened in Indiana. In Minnesota, in all but 3 judicial districts a judge has agreed to chair a pro bono committee, and in most a committee now exists. LAD is asking committees in each judicial district to encourage greater participation and identify lawyers who should be honored for pro bono work. Chief Justice Blatz and Conference of Chief Judges chair Tom Mott have been helpful with that effort.
4. Direct Appeals to Lawyers: Frank Harris from Minnesota CLE agreed to pro bono speakers at the beginning of many CLE programs. A letter from Baillie to each attorney in the state is in draft form.
5. Database: work on the joint application for legal community funding sources is part of this initiative. Even requiring pro bono reporting would not give us all information we want. The MSBA is asking all pro bono providers to report what they did this year and last year so improvement can be measured. The hope is to train them to gather and report this information routinely. The goal is changes that make a difference permanently.
6. New Lawyers: There has been an enhanced pro bono presence at the swearing-in ceremonies.
7. Law Students: There are new clinics using law students. A group of students is going to Duluth on spring break to work on bankruptcy backlog.
8. Online Pro Bono Initiative: The recently updated MSBA Pro Bono Opportunities Directory is online at www.ProJusticeMN.org and will soon be easily searchable by topic and location.
9. Recognition: There needs to be a more regular method of recognizing lawyers who do pro bono work.
10. Staff: MSBA hired Nancy Wallrich for this year on a half-time basis to work on these initiatives. LAD is asking the MSBA to make this position permanent on at least an 80% FTE basis.

Steve Reyelts, chair of the pro bono subcommittee, introduced Steve Scudder. Scudder, who is with the ABA in Chicago, is originally from Omaha, where his father was a legal services attorney. He graduated from Hampshire College in Massachusetts and Franklin Pierce Law Center in New Hampshire. Scudder lives in Concord NH. He was in private practice and then was hired by the New Hampshire Bar Association to establish a pro bono program housed with bar and integrated with their lawyer referral service. This job expanded to cover the whole panoply of legal services for the New Hampshire Bar Association. He worked as consultant for the ABA before his appointment in 1994 as director of the ABA’s Center for Pro Bono. He continues to live in New Hampshire, although job is in Chicago. In 1996 he was appointed counsel for the ABA Pro Bono Committee and oversees pro bono efforts all around the country. Reyelts expressed appreciation for the ABA’s assistance in getting him here.

Notes from Scudder’s presentation appear below. His presentation outline is attached and will be posted with the notes on the web site.

Steve Scudder: It’s wonderful to talk about pro bono. He noted how LSC funding and regulatory rules can get in the way of program development. He outlined the recent history of pro bono. LSC, in 1974, did a delivery systems study and looked at 35 different programs. The study concluded that a model was viable if it demonstrated feasibility, and did well on cost, quality of service, and impact on client needs, among other things.

The study did not identify a “best delivery” model but concluded that a number of models can be effective at delivery. Pro bono, Judicare with a staff component, and contracts with private firms were three models that met the viability tests. Those three, particularly pro bono, have been widely used since the report was issued in 1980. Vouchers and other models have dropped out. Pro bono is the most fully developed of the three in last 30 years. A final note from study: LSC, clients, legal profession should concentrate on finding global delivery systems that include private attorneys fully integrated with staff attorneys. But Scudder questions whether full integration of private with staff attorney has happened, questions “why not?” and wonders “what are we going to do about it?”

Around the time this study came out, then- President Reagan decided to de-fund LSC. ABA mobilized to keep funding, had a march on Washington, took a strong stance, staved off attack, and kept funding at 2/3 level.

Then LSC required that 10% of funding (later upped to 12.5%) had to be used to support private attorney involvement. This directive engendered some hostility that became the “elephant in the room” no one wants to talk about. Hostility and lack of support by LSC, which did not provide any background, training or support to help with its mandate, left a difficult situation for development of pro bono in many LSC programs

There was a dramatic growth in the number of programs but quality of many was questionable and there was little incentive, other than the regulation, to support the programs. Some programs charged questionable things to PAI requirement. In some places, pro bono, like Cinderella, was put over in the ashes, and now we need to dust if off and bring it out and see what we can do with it.

ABA Pro Bono Committee has been engaging in dialogue with LSC programs to overcome this history and has asked legal services communities to share their experiences with problems getting private bar involved. Just talking about it has been very helpful.

Scudder has a long list, which for this talk he pared down to a few reasons why it is important that pro bono be an equal partner with the legal services community: pro bono connects LSC programs to the larger community. LSC programs can’t provide all services needed; need to bring all resources to bear; visible efforts by private attorneys on behalf of the poor promote public image of everyone involved in serving the poor; pro bono expands the range of services beyond those traditionally provided by LSC programs (e.g., business, bankruptcy.); broadens the universe of community leaders who support legal services which impacts decision making, for example at state legislatures

Clients don’t care who provides the services: just want skilled lawyer who cares to be there to make a difference for them. Our job is to make sure as many lawyers as possible are available. Systemic global view, thinking about all resources, is so important.

The reconfiguration process was intense (not as much in Minnesota as other places) where the process left terrible feelings about LSC and about statewide vs. local programs. The ABA commissioned a study of pro bono in the context of reconfiguration. Results are available on the commission’s web site at http://www2.mnbar.org/co