May 18, 2013

October 21 through 27 is Pro Bono Week!

Maybe you’ve heard about attorneys and pro bono work. . . . The full length version of the term is pro bono publico – which means for the public good; for the welfare of the whole. Pro bono isn’t just an American phenomenon – check out the Wikipedia entry about it here. I once worked with a marketing person who threw something into a package and called it “pro bono.” But pro bono does not mean free (the Latin word for free is gratis) and I would rather go with the approach of U.S. Attorney General Eric Holder:

We are bound by a responsibility to use our unique skills and training – not just to advance cases, but to serve a cause; and to help our nation fulfill its founding promise of equal justice under law…The obligation of pro bono service must become a part of the DNA of both the legal profession and of every lawyer.

He made this statement last year at the National Pro Bono Summit on October 24, 2011. So why do many lawyers perform pro bono work? There are several good reasons including: (1) the highest poverty rate among Americans since 1993 (persons qualifying for no fee or reduced fee civil legal services); (2) ensuring access for the poor helps keep the judiciary independent; and (3) respect for the rule of law.

In Colorado, Chief Justice Michael Bender declared October as Colorado’s first annual Legal Professionalism Month. You can read more about that here. What do professionalism and pro bono have to do with each other? Lots! One of Chief Justice Bender’s four goals identified in his proclamation is to encourage the entire bar to “recognize the broad legal needs of our community and improv[e] public attitudes toward the profession through a renewed dedication to pro bono service.” The month culminates in an “Assembly of Lawyers” at the Boettcher Concert Hall, where the Colorado Supreme Court, sitting in special session, will administer the oath of admission to the newest bar admittees – pretty cool. Read more about it here.

I do the bulk of my pro bono service through Metro Volunteer Lawyers, an organization serving low-income clients in the Denver metro area that sponsors clinics, provides information to the public, and finds pro bono attorneys to represent indigent persons in need of a variety of legal services. I have done pro bono work for MVL clients in my usual practice areas of estate planning and probate but have also represented folks in family law court for MVL. MVL is presenting a CLE this week in honor of pro bono week – check it out here. Volunteering with MVL is easy and very gratifying. Click here for more info.

One last word about helping others through pro bono service. Many people don’t realize that our human brains are wired to help each other out and to feel good about it. Acts of loving kindness to assist others can benefit us in many important ways: improve physical well-being; raise self-confidence and self-esteem; encourage friendships that help your immune system; and it may help you live longer. In fact, we might be able to volunteer our way to a healthier brain – fMRIs (functional magnetic resonance imaging) show that the neurology of unselfish acts, such as making a donation, lit up the mesolimbic pathway (the limbic system is often referred to as the reptile or primitive part of our brains) that facilitates the brain’s experience of joy. I must add – as an elder law attorney – that this can be a beneficial thing for older “at risk” or isolated adults. Volunteering by elders helps them in many ways, one of which benefits cognitive function as a consequence of our lifelong neuroplasticity. Here are links for a couple very interesting studies which should be encouraging news for elders wondering about whether there are benefits to volunteering. Volunteer service is a great way to engage in your existing community and also to find a new one! If you are skeptical and want more proof, read this amazing little book, The Hidden Gifts of Helping, by Stephen G. Post (Jossey-Bass, 2011). If you are wondering about pro bono services tailored for legal problems of elders in Denver county, check out Elder Justice, a great public resource. I was happy to interview their executive director, Sharon Mohr, in honor of pro bono week. You can see the vlog (video blog) post here.

Barbara Cashman is a solo practitioner in Denver, focusing on elder law, estate law, and mediation. She is active in the Trusts & Estates and Elder Law sections of the CBA and is the incoming chair of the Solo/Small Firm section. She contributes to the SOLOinCOLO blog and blogs weekly on her law firm blog, where this post originally appeared.  She can be contacted at barb@DenverElderLaw.org.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

It’s Elder Law Month: Do You Have a Plan for Your Own Disability or Unexpected Events?

May 1 is law day, we all know that, but did you also know that it’s Elder Law Day? Well, technically, May is Elder Law Month. What does that mean for attorneys? Well, for many of us that means taking a look in the mirror! You might have noticed that the average age of attorneys in Colorado is getting a bit older. From what I could dig up, somewhere around 36% of CBA members (April 2011 CBA demographics, supplied by Heather Clark via Reba Nance) are over the age of 55. Based on another statistic (let’s call it anecdotal evidence), I’m pretty sure most of them aren’t reading this post . . . !

For solo and small firm attorneys in particular, the “age thing” has important consequences for our law practices. But the bigger issues for solo and small firm attorneys have not so much to do with age as with planning. I won’t beat around the bush here – I’m talking about disability, destruction, and death. Yep, it’s why my policy is always to eat dessert first! But seriously, as the number of solo attorneys grows and many of us (yours truly included) are eligible for AARP membership, are we making the necessary plans to protect our loved ones, our law practices, and our clients? The ABA’s Law Practice Today has a good article about this, even if it is a couple years old.

If you are like the majority of my trusts & estates colleagues (I informally “interviewed” about a dozen lawyers a couple years ago), you don’t have anything in place. A couple years back I participated in a CLE program called “Planning Ahead” and we prepared some forms as part of the CLE. I think the occasion of Elder Law month is an excellent time to revisit some of the themes in that CLE. Where do we start? At the beginning!

Start with two basic questions. Ask yourself:

  • What would happen if ________?
  • What will happen when _________?

Do you have an idea of the answers? Many of us don’t! So what is the next step? Forms of course! These forms are designed to get the process started and are meant only as guidelines to help you get some strategy or plan in place with documentation to support it.

How do you get started?

How about the 15-Minute Fix? Okay, it will take longer than that – but at least the forms could be easy. Here are a few suggestions to get you started:

  1. Checklist for An Assisting Lawyer to Protect the Interests of  an Affected Attorney’s Clients (read office/file management policies and procedures)
  2. Checklist for Closing a Law Office
  3. Trust and Bank Account Considerations
  4. Business Access Considerations (agreement between attorneys to manage/close a practice)
  5. Limited Power of Attorney for Assisting Lawyer (you can have an escrow holder for this one)
  6. Casualty Clause for Engagement Letter (to tell your clients you’ve made arrangements)
  7. Will Provisions Relating to Law Practice (mine is three pages long)

If this exercise doesn’t get you thinking about your practice and how it factors into your life and your legacy (read: mindful law practice planning), I don’t know what will.

Need some more thoughts about what to consider in a plan? Another helpful article with a good list is here. If you need to be scared into considering this “for real,” read this cautionary tale from the April 2012 California Bar Journal.

For Colorado information, Colorado Attorney Regulation has a lengthy pdf from 2007 here, which contains several helpful checklists. Please, don’t give inventory counsel more work to do!

You want to read more about this in book form (with a CD with forms)? Go to the CBA lending library and check out “Being Prepared: A Lawyer’s Guide for Dealing with Disability or Unexpected Events” (2008:ABA).

Start planning – even a small plan – right now.

Barbara Cashman is a solo practitioner in Denver, focusing on elder law, estate law, and mediation. She also edits the SOLOinCOLO blog and contributes content for the site. She can be contacted at barb@DenverElderLaw.org.
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