By the time this article is published the elections will be over. No more debates, no more ads, no more rallies in West Virginia. I hope the best man wins - particularly if he is pro-coal, from Texas, did not invent the Internet and has a laugh like a character from King of the Hill. Regardless of the outcome, there are two things that have amazed me about this election. First, out of 275 million people, these were the best candidates that big business could fund. Second, despite the candidates discussing a variety of issues, no one seemed to care about the issue of the lack of legal services available to the poor.
About a month ago I was in Wayne County foreclosing on a piece of property. It was a nice fall day and, despite my custom, I was early for the event and decided to stand on the front steps of the Courthouse and watch as three ladies and a gentlemen, who appeared to be County employees, devoured an entire box of Jolly Pirate doughnuts. In the short fifteen minutes that passed I was approached by an elderly woman and an elderly man who asked whether I was an attorney. It was a logical question since I was wearing a suit, holding a folder and looking a little shiftless. The woman, whose husband had just passed away, had a question about a deed of trust. She said she did not have a lawyer and was trying to get a loan for funeral expenses. I was glad to help.
The gentlemen was in his mid 70s and a retired laborer. He wore a camouflage jacket and a ball cap bearing the name of a coal company long out of business. He was quite distressed. He said that he had called several attorneys but could not get past the receptionist or secretary because his case did not involve a personal injury and he could not pay an hourly fee or retainer. He just had a question. He had been to legal aid and, although he could probably have qualified for the services based upon his income, they did not handle his type of case. He wondered if he could ask me a question. I cautiously nodded. He pulled a fistful of papers out of his jacket. It seemed that Sam had been sued in magistrate court and did not defend the case because he could not afford an attorney and did not understand his rights. The plaintiff had gotten a judgment against him and the interest and costs had been accruing. The plaintiff had attempted to garnish his bank account which had no balance. Now the plaintiff threatened garnishment of his only source of income, his social security. Sam had no savings, no pension and no real estate -- only his monthly check. His question was simple: could they take his money, his only source of income? I told him no and attempted to reassure him. After the foreclosure, I took him to the magistrate office to file an exemption from execution form. He was beyond grateful and offered to pay me for my time. I declined, yet he insisted. He felt my time was valuable and knew I didn't work for free. Finally, I told him that since he stood with me while I read the metes and bounds description for the property and conducted the foreclosure, I considered us even. He accepted the deal.
Sam and people like him have fallen through the cracks. Despite the great effort of legal services and the pro bono work of many lawyers, there are multitudes of people with simple legal needs who can't get affordable or free help. The problem is obvious; the answer is perplexing. Is a national program similar to medicare-medicaid or mandatory pro bono hours for each attorney the answer? I don't know. I do know that every attorney can make a difference by getting involved in pro bono work. When I was starting out in the practice of law, my mentor and eventual partner encouraged me to take cold calls. The reasons were two fold. There was the potential of getting a new client, although unlikely since we did general commercial work. More importantly, we as lawyers owed the community. I was, therefore, encouraged to take on some pro bono cases both as a service to the community and as an educational experience. Now in my own firm, I continue to take cold calls and encourage one of my associates to do the same. She never complains, and actually seems to like it. Most of the calls are common questions regarding real property, bankruptcy and/or employment law. A lot of people just want a chance to talk to a lawyer and bounce ideas around. I guess I am opening my self up to potential liability by giving free advise, but I feel it's a part of my civic responsibility. My good friend in the prosecutor's office takes cases with just promises to pay. In a number of cases, he knows he's not going to get paid, but he feels it is his contribution. Still, it's just a trickle in the stream. There are people with serious disputes who need qualified legal services and it's just not happening. Certainly, no one expects lawyers to do it all for free, especially young lawyers starting out. There has to be an answer. If Americans have a right to healthcare, then access to justice is paramount.