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Pro Bono ‘Celebration’ Highlights A Troubling Reality for Domestic Violence, Sexual Assault Victims

This article is more than 4 years old.

While several states examine structural reform in the legal profession, the American Bar Association is focusing its 11th annual “Celebrate Pro Bono” week on victims of domestic violence, sexual assault and stalking.

Every day, the vast majority of domestic violence, sexual assault and stalking victims (largely women) go to court without the benefit of an attorney to seek civil restraining orders and to fight for child custody, child support and to stay in their homes. Many forfeit important rights, such as the right to maintenance or decent child support, due to ignorance or inability.

A 2015 study by the National Center for State Courts found that of all civil matters disposed of in 10 large, urban counties over the course of a year, 76% involved at least one litigant who was self-represented.

The ABA through its “Celebrate Pro Bono” effort is urging attorneys around the country to donate their time to address the gaping need for civil legal services for domestic violence, sexual assault and stalking victims.

In a statement, ABA President Judy Perry Martinez said “[r]esearch shows the likelihood of domestic violence is greatly reduced in communities when civil legal services are available but when it comes to domestic violence there simply are not enough lawyers to meet the overwhelming legal needs of those who can’t afford an attorney.”

Martinez was unavailable for comment.

Meanwhile, the Legal Services Corp. (LSC), founded by Congress in 1974 to provide civil legal aid to low-income Americans, closed a total of 129,185 cases involving domestic violence in 2018.  This is a drop in the proverbial bucket. The National Coalition Against Domestic Violence (NCADV) estimates that 20 people “per minute,” on average, are physically abused by an intimate partner in the U.S., more than 10 million women and men during one year.

States have adopted a patchwork quilt of self-help resources for litigants who cannot afford an attorney, including self-help centers and web resources.  However, these resources are of questionable assistance to those in crisis, low-literate litigants and individuals for whom English is a second language.

Bar Opposition

Meanwhile, a half-dozen states are considering legal services delivery reforms.

The Metropolitan News-Enterprise reported earlier this month that California’s Judicial Council threw cold water on proposals to increase access to civil justice that were advanced by the State Bar’s Task Force on Access Through Innovation of Legal Services. The task force proposed permitting laypersons to provide certain legal services that are now considered unauthorized practice of law and to allow non-lawyers to have a financial interest in law firms.  

The Judicial Council said the proposed “alternative business structures” reform has been tried in other (unnamed) jurisdiction but did not improve access to low-cost legal services. The Council encouraged the Task Force “to examine any potential reforms through the lens of consumer protection ... to ensure that we uphold the highest standards for legal accuracy, in all legal materials, provide in-person assistance supported by technology, and provide qualified attorney supervision of all self-hep efforts.”

The Los Angeles County Bar Association also expressed opposition to the Task Force’s recommendations: “Vulnerable, low-income populations in California already fall victim to the unauthorized practice of law through “notarios,” “bankruptcy petition preparers” and others who claim and advertise fraudulent relationships with attorneys.”

The Arizona Task Force on the Delivery of Legal Services, in a 157-page report, recently called upon the Arizona Supreme Court to delete the rule that bars non-lawyers from co-owning law firms. The report said:

“A sentiment that resounded within the workgroup was that lawyers have the ethical obligation to assure legal services are available to the public, and that if the rules of professional conduct stand in the way of making those services available, then the rules should be changed.”

Other states that are considering reform are the District of Columbia, Illinois, New Mexico, Utah and Washington.

October is Domestic Violence Awareness Month.

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