CBA Record October 2018

PRO BONOWEEK 2018– CELEBRATING THE POWER OF PRO BONO

the next week it’s five, and so on until you reach your goal. In theory, this is a com- fortable, gradual way to achieve a physical milestone. It’s also a weekly confronta- tion with limits, both real and perceived, and the truth is that sometimes it’s quite uncomfortable (as in, it hurts. A lot.) In recent years, we legal aid attorneys have taken to recruiting pro bono attorneys with assurances that we will make the expe- rience of volunteering comfortable. We will create projects with extremely limited time commitments. You won’t have to leave your office. In some cases, you won’t have to leave your sofa. For the most part, these are positive developments: as managers of pro bono projects, it is our responsibility to make sure that volunteers are well-trained and well-supervised, and that they have access to the support and resources they need to serve their pro bono client. But I’m not so sure we should promise comfort. The Chaos of the Court Process My office in the Domestic Violence Legal Clinic is in Cook County’s Domestic Vio- lence Courthouse. Each year, thousands of people seek help here and despite the efforts of many legal aid attorneys and domestic violence advocates, most litigants do not receive any legal assistance throughout the court process. The courtrooms are packed, the calls are busy and the atmosphere can be tense and confrontational–and that’s before you step up. If this environment makes you uncom- fortable (especially at first), it’s not a sign that you are an impostor, intrinsically ill-equipped for litigation or even that you are unprepared. It definitely does not mean that your client would be better off without you. In fact, the discomfort you experience under those circumstances is a logical reaction to conflicting signage,

unwritten rules and impatient person- nel–and is likely magnified exponentially for a self-represented litigant whose safety, housing or children were at stake. Over the past few years, advocates in Chicago and across the country have grappled with making the justice system more accessible for people without attorneys. However, the fact remains that unfamiliar terminology and labyrinthine procedures are more than uncomfortable. They can be downright terrifying. “Natalie” came to our office this summer. She was seeking to be reunited with her three young daughters, who ranged in age from 8-11. ”Drew,” their father, had not allowed her to see her children for more than two months, and Natalie was frantic. When Drew informed Natalie that he was taking their daughters to live three hours away in Indiana, Natalie was convinced that she would never see her daughters again. With nowhere else to turn, Natalie came back to the Domestic Violence Courthouse where she met Ian Todd, a pro bono attor- ney from Katten Muchin Rosenman. Ian is an associate whose practice focuses on commercial finance. His clients are banks and private equity funds. He has limited litigation experience. What Ian has, by virtue of his legal education, is access–to knowledge and additional training–and credibility. He understood, or could easily learn, the meaning of the language on the petition. And although the court environ- ment was unfamiliar–and I’d venture to say, perhaps a little unwelcoming–Ian agreed to help Natalie. Ian helped Natalie file for an Emergency Order of Protection and it was denied. Later, Natalie figured out that Drew had given her a fake address, his cell phone had been shut off and emails were returned as undeliverable so she contacted Ian again. Ian filed an emergency motion to recon-

sider and this time, the judge granted the motion and issued the Emergency Order of Protection. Ian worked with Indiana law enforcement to locate Natalie’s daughters, enforce the order and ultimately reunited Natalie with her children. Comfortable? I doubt it. Acknowledging the Uncomfortable The most meaningful accomplishments and victories are rarely comfortable. They happen when we push ourselves a little and confront limitations, those that are real and the ones that we’ve imagined so long that we believe they are real: “I’m not a litigator/ public speaker/athlete,” etc. Any time we can expand our personal comfort zone is cause for celebration. When it happens as part of pro bono rep- resentation, the victory is two-fold. Ian has every reason to be proud of the professional accomplishment this case represents. But there is no doubt that the safety of Natalie’s children is the true victory. Win or lose, making our legal system just a little more fair and humane is worth a little discomfort. As an attorney, you can make sure that your client is heard and ensure that she understands the proceed- ings and comprehends the outcome of the case. We know that litigants who receive some help understanding legal proceedings and feel that their “day in court” was fair, have higher degrees of satisfaction with and confidence in the judicial system–regard- less of the outcome. And when they, like Natalie, achieve goals that that were unat- WHAT’S YOUR OPINION? Send your views to the CBA Record, 321 South Plymouth Court, Chicago, IL 60604, or to Publications Director David Beam at dbeam@ chicagobar.org.Themagazine reserves the right to edit letters prior to publishing.

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