Supreme Court of Texas

Public Hearing on the Status of Civil Legal Services to the Poor

January 27, 2000

Issues & Recommendations

Summary

Increase Financial Resources/Incentives

Create an endowment fund

Seek legislative funding (attorney occupation tax, ½ of punitive damages to lsp, other)

Include opt-out contribution provision on attorney dues statements

Promote law firm contributions (e.g. tithing 2% of gross or net profits)

Assess cost of counsel to opposing party if possible

Provide start-up funding for new programs

Funds for sanctions assessed for abuse of process can be directed to TEAJF

Allow attorneys to "buy-out" of expectations to do pro bono work

Secure law firm support in the creation of "externships" where firm associates are assigned to legal services programs for a period of time

Increase Bar dues $50 a year and apply additional revenues to legal services to the poor

Law school loan forgiveness for legal services attorneys

Increasing Pro Bono Participation

Free CLE for doing pro bono

Court adopt SBOT’s Pro Bono Policy (aspirational goal of 50 hours per year, limited to definition of pro bono legal services to the poor)

Court actively support pro bono in a very public way

Court should formally communicate to SBOT that pro bono is important

Mandatory pro bono

Court tell lawyers to do pro bono

MCLE credit for mentoring volunteer attorneys

Develop pro bono culture in law schools

Require law schools to have a pro bono requirement and create "culture of pro bono"

Require law school curriculum on family law and domestic violence

Every SBOT CLE course more than one-half day long should include a pro bono component

Introduce standardized forms, especially in family law, with instructions

Improve SBOT Board participation in pro bono activities

The court should become more directly involved in SBOT pro bono activities

Hold Supreme Court hearings on pro bono periodically

Create institutional memory on the SBOT Board re: pro bono/legal services to the poor

Create/promote opportunities for government lawyers to do pro bono

Evaluating Need for Legal Services to the Poor/Addressing unserved and underserved legal needs

Conduct legal needs survey

Valley and other high poverty areas are a particular priority

Measure effectiveness of current efforts

Identify and address gaps in service provided (immigration, etc.)

Improved technology, made available statewide, could improve services to remote areas

Partner urban attorneys and rural areas and needs

Defining & Reporting Pro Bono

Statistical sampling could more accurately assess pro bono participation

Appeal to law firms to report pro bono hours

Return to 1997 reporting system which collected only one category of data (pro bono legal services to the poor)

Mandatory reporting

Make form more user friendly (categories of hours: 0-10, 11-20, etc.)

State on form that if not returned, will presume 0 hours

Additional categories dilute pro bono message

Steps need to be taken to increase response rate

Improve Use of Current Statutes/Authorizations

Increase use of appointed counsel provisions, esp. in custody cases

Require indigency hearing in custody cases

Create guidelines for civil counsel appointments

Revise BCLS restrictions related to direct and indirect costs (Rule 9.7)

Remove BCLS restrictions and/or IOLTA restrictions

Increase use of mediation

Systemic Changes/Pro Se Access

Make available an advocate to assist pro se litigants

Access to legal research and resource people is necessary for successful pro se

Introduce standardized forms, especially in family law, with instruction

Delegalize various parts of system and create necessary bureaucracies to support that

Provide more advocacy opportunities for paralegals

Consider other systemic changes that would improve access

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