Pro Bono Attorneys Deskbook

Special Factors When Representing Pro Bono Clients

Poverty has many faces and many causes.

Lack of education most frequently translates to lower income.  Disability frequently causes loss of income.  Poverty may be chronic but more frequently it is cyclical.  Yesterday’s good job and retirement plan is lost when the plant closes or the government agency downsizes.  Major illness or injury can result in health care expenses beyond the ability to pay.  Being abandoned by the income-earning spouse suddenly changes soccer mom into single mom.  Lack of English speaking skills reduces employment opportunities.  Bad financial decisions such as using payday loans, rent-to-own purchases or over extending plastic credit, bad life decisions such as use of alcohol or drugs all contribute to poverty. 

Likely the client’s legal problems and their poverty will be intertwined.

For that reason, you will benefit from having contact with social service agencies in your community that can help the client with their economic and social problems.  Go to Internet Resources for links to social service agencies. Take time to listen.  One pro bono attorney described it this way. “I’ve found that my willingness to listen to their life experiences and difficulties makes my interaction with them more beneficial to both of us.  I gain insights into their lives and they cooperate more fully when they know that the attorney genuinely cares.”

Past experience and impressions.

Past experience with the legal system, debt collection agencies or law enforcement may make clients suspicious.  TV images of the justice system likely have created misimpressions of our profession and the courts.  Because court clerks and judges are caught in the Catch-22 of not being able to give legal advice to pro se litigants, they may be perceived as unfriendly and unhelpful.

Regardless of how the client became impoverished, today they need you to access justice.  Focus on the person before you and not on stereotypes.  Poverty also may be the cause of other obstacles to your communicating with the pro bono client.  Use some of the practical suggestions below to work around or avoid obstacles.

Keeping scheduled appointments.

You have a PDA, Outlook Calendar on your computer, and a secretary to remind you about appointments.  Your pro bono client may have a calendar stuck under a magnet on the refrigerator door.  Poverty is about loss of control.  What and whether you eat may not be your decision.  Whether you travel from point A to point B is dependent on whether you can pay $3 a gallon for gas and whether the frequently repaired jalopy will start this morning.  Woody Allen says, “The secret of life is showing up.”  But for those in poverty coping with life sometimes means turning it all off and not showing up.

Reinforce to your client that failing to show up in court has consequences.  If they have a serious reason for not making a court date, instruct them to inform you or the court in a timely fashion.  Clearly tell them, “Don’t ignore scheduled dates.”  Also have your secretary contact the client in advance and remind them of appointments.

Record keeping:

Don’t expect pro bono clients to have organized records.  Some will not even have kept a checkbook ledger.  If they have records they may show up with them in a plastic grocery sack.  Explain why it is important to keep records and keep them orderly.  Tell them what records they should keep.  Give them a large envelope or folder in which to keep their records.

Written instruction:

Daily you rely on written instruction, memos to corporate clients, legal practice books etc.  While most pro bono clients will have a high school education, more than likely their reading level and comprehension will be low.  They may also be handicapped by mental or emotional disability.  Written instructions to pro bono clients should be written in a simple, direct style using words of common meaning.  Technical terms are sometimes necessary but take the time to explain them in everyday English.  Written instructions should always be combined with verbal instruction.  Repetition is good.  Asking the client to repeat back to you their understanding of your instructions will reduce misunderstanding and increase retention.

Maintaining communication:

You are likely to have problems maintaining communications with a pro bono client.  Poor people easily lose their housing.  Their car breaks down so they can’t get to work or they get sick, lose work and then get fired for failing to show up at work. They can’t pay rent.  They get evicted.  They move in with family or friends to save money.  They can’t pay their telephone bill so the number is “out of service” or their “pay-as-you-go” cell phone runs out of minutes.  Always ask for a message phone or a secondary contact such as a family member or friend who will get a message to them.  Impress upon the client the importance of keeping in communication with you and that they should promptly inform you office of any change in address or phone number.

Language barriers:

How does the pro bono attorney communicate with non-English speaking clients? 

For short written communications there are some computer tools.  Word processors such as MSWord, have built-in translator software for words and phrases.  Look under the “Tools” menu or search for “language” or “translate” in the help menu.  These will also link you to websites for translating or visit a website and have the language translated.  Babelfish  is a website that allows you to enter text and get a translation.

Frequently the client has a family member or friend who will translate.  Local churches with Hispanic or other immigrant ministry are good sources of free translators.  E.g. El Puente in central Missouri.