Montana Lawyer June/July 2024

PRO BONO CHRONICLES Pro Bono Policies and Best Practices MORGAN DAKE

There is a long list of reasons that providing pro bono services is a chal lenge. Lawyers face constant demands from their billable practice, other demands in the professional context as well as in their personal lives, not to mention the ever-pressing debt associ ated with the cost of law school. It is sometimes hard to want to add pro bono matters to your case load. Experienced attorneys encourage pro bono any way, but why? Maybe it is as Joni Madraiwiwi has said: “This privileged position (lawyer) obliges you to remember that most of the popula tion cannot afford your services or fees. As a consequence they are denied access to justice. It therefore behooves the legal profession to consider practi cal ways of alleviating this unaccept able state of affairs.” But if Rule 6.1 and other ethical considerations are not your reason, consider business market ing, skill development, and goodwill with other practitioners, the courts, and the community. Whatever your reasons for doing pro bono, developing a pro bono policy is a great way to build pro bono into your practice in a sustainable way. Start with a Pro Bono Policy A policy promotes a common un derstanding of pro bono publico among lawyers and staff and demonstrates commitment and expectations. A policy establishes a clear understanding of the process for accepting and completing pro bono cases and it fulfills your abil ity to meet the provisions of Rule 6.1 of the Montana Rules of Professional Conduct. Most importantly, it is a form of risk management, as you may take on legal representation in areas outside of your general practice. Developing a pro bono policy should start with questions like: What is the firm’s commitment? How does the firm define pro bono? Who is eligible to receive pro bono services? What are the firm’s expectations regarding lawyers providing pro bono services? What will be the firm’s process for tak ing on a pro bono case? How will the

firm encourage and recognize pro bono service by its lawyers? Answering these questions will help you decide which pro bono cases to take and when. Start your Policy at the Intake Process Growing an effective intake process saves valuable time. Given the unique circumstances often associated with pro bono cases, focusing on an effective in take process minimizes the disclosure of private and even traumatic information, starts the process of developing profes sional rapport with prospective clients, and helps you to identify parties who are ready and able to navigate the process without the need for counsel. All of this helps to ensure your contributions are paired with the highest need situations. An intake process should allow easy and quick referrals for other resources like the State Law Library, Montana’s Judicial Branch Forms, the Court Help Program Self-Help Law Centers, lo cal legal clinics, and Montana Legal Services. You can save your time and capacity to allocate your own resources to those cases with the highest level of legal need by quickly and easily provid ing resources like these where the intake process indicates that would be effective for a particular case. Assess Client Readiness It is important to consider the prospective clients’ priorities as well as other practical remedies available to the prospective client. Do not be afraid to send the prospective client away with

Morgan Dake serves as Crowley Fleck PLLP’s Senior Pro Bono Counsel. In this role, Morgan leads the firm’s pro bono program across its 11 offices. She works closely with the firm’s pro bono practice group to encourage and facilitate pro bono participa tion throughout the firm and to manage the firm’s relationship with legal aid providers and non profit organizations. In addition, Morgan regularly represents individual pro bono clients on a wide variety of legal issues. Prior to assuming her current role, Morgan worked as a senior deputy county attorney for Montana’s most-populated county, where she prosecuted domestic violence and sex crimes. That work provided her valuable insight in serving survivors of family violence.

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