by Ryan McKeen
A few weeks ago, the Courant ran a story about a pilot program launched in Hartford Family Court where pro se litigants can get free legal advice from lawyers on certain days in court.
The goal of the program is to help ease the stress placed on the system by the increasing number of pro se litigants. A noble cause indeed.
While I support the purpose of the program I don’t like it. Giving free legal advice to all who seek it perpetuates the idea that legal advice isn’t valuable. It further perpetuates the idea that private lawyers are so expensive that no one can afford one. Both notions are false.
Pro Bono service is a pillar of our profession. However, Pro Bono service should only be rendered to people who truly can’t afford legal advice not people who don’t want to pay for it.
Instead the Court should promote the lawyer referral service. For $25 someone seeking legal advice can get a referral for a half hour consultation with a lawyer in the area. I regularly see lawyer referral clients and help them with their problems. Many times their questions have simple answers which I’m happy to provide.
Sometimes I’m able to work out a flexible fee agreement that fits my client’s budget. In my opinion, the Lawyer Referral service is a win-win for clients and lawyers and ultimately the courts.
Of course, a $25 referral fee can’t compete with free which I think results in a loss for all involved.
You have a good point, and $25 is certainly a reasonable amount of money for most people – even my clients, whose incomes are low enough to qualify them for public defender services. One thing to consider, though, is that $25 may present a psychological barrier that keeps people ever from getting the simple advice they need. Understand, I’m not saying it’s right for people to avoid paying even that small sum, but I bet that’s what would happen, because people sometimes can’t believe that legal answers can be so straightforward. As a result, you might still have pro se litigants slowing down the system.
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If you’re not willing to make a $25 investment towards solving a legal problem than you deserve what you get. Often times when people feel like they have an investment in something of value.
The beautiful thing about the lawyer referral service is that it begins a relationship between a lawyer and a client. Perhaps a client doesn’t want to pay me for the entire case but wants my help drafting a motion – it’s often a win-win for both client and lawyer.
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You are correct in every respect. And consider this: avoidance of the expense of litigation is one of the principal reasons that clients settle. If legal advice is free, we become enablers of intractability. Unless truly indigent, the client needs to have an economic investment, however small, in the costs brought about by protraction.
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I am one of the volunteer lawyers. I think you raise some excellent points. Most of the folks that I have dealt with are truly lost and don’t know where to turn and have no resources. I have suggested to folks who need more than 10 minutes of advice to contact the CBA and have given them that number. I have printed out the page about the HCBA Lawyer Referral Service and will take it with me the next time I volunteer.
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Ryan Reply:
July 30th, 2010 at 8:31 am
Thank you Barbara for both volunteering and sharing your thoughts. Access to justice is a problem.
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Agreed. Free legal vice is worth exactly what you pay for it. If we devalue ourselves as professionals, we have no one to blame but ourselves when the going rate for our skills falls. I am a LRS participating attorney and have received 2 separate commedations from the CBA for an exceptional willingness to accept pro bono cases. I am also a Law Works for People attorney. There are programs out there for those who truly need it.
The $25.00 consultation is an excellent program. It reminds me of Abe Lincolns saying that the purpose of a retainer is so a lawyer knows he has a client, that the client knows he has a lawyer.
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