CBA Record September-October 2022

YOUNG L AWYERS S EC T I ON : BU I LD I NG BR I DGE S

Seize the (Pro Bono) Opportunity: 4 Reasons Why Younger Lawyers Should Serve as Appointed Litigation Counsel

By Jacob B. Berger

requires a lawyer to be experienced and because the Court only appoints Trial Bar members to represent indigent cli f ents, experienced Trial Bar members often delegate the bulk of the work on an appointed counsel matter to less experi f enced colleagues. Reasons for delegation O0WL(VUB )PU ;+OsL "s+ 2U2rU+ O* 'U+n r(*n pO)P UoO*)O0Q 2s))U+*& O) O* 0/) USuWOU0) S/+ the Trial Bar member to take the lead on pleadings, motion practice, or discov f U+n& /+g W+O)OWsLLng )PU ;+OsL "s+ 2U2rU+ wants the less experienced colleagues to get valuable experience that they may not be able to get at this stage of their careers on a paying client engagement. Whatever the reason an appointed counsel matter has been delegated to you, you should and must take the matter seri f ously andgive it the same diligence and care s* n/( p/(LV )/ s -snO0Q WLOU0)5* 2s))U+e Equally important, you should feel excited s0V 2/)O's)UV )/ -+/'OVU POQPf,(sLO)n legal work to get the client a great result, +UQs+VLU** /S )PUO+ u0s0WOsL *O)(s)O/0e Below are several reasons you should be heavily invested in serving a client you were appointed to represent.

How Appointed Counsel Matters Arise As many younger lawyers know, an applicant for admission to practice in the United States District Court for the Northern District of Illinois must join either the General Bar or the Trial Bar. YU2rU+*PO- O0 )PU X/+)PU+0 zO*)+OW)5* Trial Bar is prestigious, and its admis f sion requirements are more rigorous than for the General Bar. To join the Trial Bar, an applicant must (a) be spon f sored by an existing Trial Bar member, and (b) have a minimum amount of trial experience. Once admitted, an applicant is permitted to appear as lead coun f sel in a trial in the Northern District. Many younger lawyers do not know, however, that by Northern District Local Rule 83.11(h), membership in the Trial Bar obligates the lawyer to be available for the Court to assign the lawyer to rep f resent someone in a civil case who cannot afford to hire counsel. Once appointed as counsel, the appointed lawyer often decides, but is not required, to rep f resent the client on a pro bono basis. Because membership in the Trial Bar

Reason #1: Help Someone Who Cannot Help Themselves ;PU u+*) +Us*/0 )/ rU UoWO)UV sr/() *U+'f O0Q s* s--/O0)UV W/(0*UL O* rUWs(*U O)5* an opportunity to help someone unfa f miliar with the legal system who cannot hire counsel or represent themselves in )PU LO)OQs)O/0 s0V pP/ O* /S)U0 O0 VOSuW(L) personal or professional circumstances. For example, your clients in appointed counsel cases can include an employee or former employee who reported dis f crimination and then suffered retaliation, often including termination of employ f 2U0)& s0 O02s)U pP/ ps* VU0OUV )O2ULn medical care at a prison and developed a *U+O/(* 2UVOWsL W/0VO)O/0& /+ s 2U2rU+ of a marginalized community who suf f fered extreme abuse or neglect, despite s Q/'U+02U0)sL U0)O)n5* +U*-/0*OrOLO)n S/+ )Ps) -U+*/05* Ws+U /+ rUO0Q sps+U /S )PU risk of abuse or neglect and ignoring it. Reason #2: Gain Critically Valuable Experience & Skills One reason appointed counsel matters s+U VULUQs)UV O* */ LU**fUo-U+OU0WUV W/Lf leagues can gain valuable experience they

42 September/October 2022