how to get a pro bono attorney to assist with elder law case

by Adell Mertz 10 min read

Here’s what you need to find the nearest pro bono lawyer in your area: Visit the Area Agency on Aging or Eldercare locator website. They will ask you for your zip code. Enter your zip code on the site. You will see a dropdown menu on your computer. Select legal services to proceed.

To speak with someone at Eldercare Locator, call 1-800-677-1116. Pro bono programs match low-income people with volunteer lawyers who agree to take their cases for free. Find a Pro Bono program in your local area through the LawHelp.org directory. A legal hotline allows seniors to ask legal questions over the phone.

Full Answer

What is a pro bono program?

Our Pro Bono program provides opportunities for both students and practicing lawyers.to learn about the growing practice of elder law. In addition, there are opportunities to work in litigation, estate and will planning, financial elder abuse, and Medicare issues.

What is Elder Law and Advocacy?

Elder Law & Advocacy is the only legal services and Medicare counseling agency in the Southern California region which devotes all of its resources to helping both rural and urban seniors through a community-based delivery system. Elder Law & Advocacy's attorneys, staff and volunteers travel all over the region to assist seniors, going to senior centers, nutrition sites, senior living complexes, mobile home parks, nursing homes, hospitals, and the residences of ill, homebound individuals.

What is elder law?

Elder Law & Advocacy provides civil legal services in subject areas concerning seniors, Medicare and Medicare related counseling and advocacy, referrals to community senior service providers and many other services. The majority of services are free to qualifying seniors.#N#Our services are uniquely tailored to the needs of seniors. Instead of requiring clients to come to one or two locations, our staff attorneys and trained Medicare counselors travel to close to 40 convenient, accessible locations throughout the community on a regular schedule to meet face to face with those in need of services.

What is a pro bono program?

Pro bono programs help low-income people find volunteer lawyers who are willing to give free legal advice or, in more rare instances, to actually handle an entire case for free. Some of these probrams also offer a free legal hotline that you can call in order to ask an attorney for a quick legal opinion. These programs are usually sponsored by ...

What is legal aid?

Legal aid offices (often called legal services offices), employ a staff of attorneys, paralegals, and other support personnel with the sole mission of providing legal representation to poor and disadvantaged clients. Given the types of cases these individuals handle everyday, these attorneys are usually experts in the types of problems that poor clients most often encounter. Some of these programs are federally funded, some are funded by state or local organizations, and some are even privately funded (often by large law firms or local bar associations). To search for legal aid or other programs in your state, please select a state from the attorney search page on HG.org.

Are There Any Other Free Legal Programs?

In addition to pro bono clinics and legal aid societies, some cities and states have other programs that give free legal help to clients who are elderly, disabled, members of the military, or in other special circumstances. In other cases, while the representation may not be free, it may be possible to get it at a steep discount. Many jurisdictions offer lawyer referral services in which the attorney has agreed to a greatly reduced rate in exchange for the referral of business. In other cases, it may be possible to hire an attorney to do only part of the work while you do the rest yourself (also known as “unbundled” legal services). You also have the right to represent yourself in almost every proceeding (note, corporations generally cannot represent themselves, only actual people), and many courts will also waive certain filing and service fees for you if you are truly indigent.

Is there a free lawyer for the poor?

Typically, there is no right to a free lawyer in non-criminal (or “civil”) cases. But, there are many legal aid and pro bono programs that provide free legal help for the poor in these situations. These programs typically help people with very low income (those whose income is less than 125 percent of the federal poverty level), but sometimes they will help those with slightly higher income levels. These programs also help those who are elderly, disabled, the victims of domestic violence, enlisted in the military or in other special circumstances that might otherwise make obtaining counsel difficult.

Is it expensive to be an attorney?

Lawyers can be very expensive . They are highly trained professionals with in-demand skills that make them able to charge increasingly high fees for their time, knowledge, and services. But, some attorneys are willing to offer at least a portion of their time to help the less fortunate.

Are You Entitled to a Free Lawyer?

In some situations, you might actually be constitutionally entitled to an attorney. The U.S. Constitution guarantees free legal help to people who are charged with a crime, provided the crime might lead to imprisonment and the person cannot afford an attorney on their own. If you find yourself in this situation, you simply request that the court appoint an attorney for you at your first appearance in court (usually within 24 hours after arrest). The court will probably make you fill out an affidavit swearing that you are broke (i.e., "indigent" as the court calls it), having few possessions and no funds to pay an attorney. The court will then appoint an attorney, generally either a private lawyer paid with county funds, or a public defender.

Why do law firms do pro bono work?

Some law firms use pro bono work as an opportunity for law students and beginning attorneys to get hands-on experience working with clients on a case.

What to do if you don't qualify for legal aid?

If you don't qualify for assistance from legal aid, you might qualify for a state or local bar association program. Bar associations often have pro bono programs that offer assistance to people who meet other criteria, even if their income is too high for legal aid.

How to get legal help?

These hotlines may be free or may charge a small fee per minute that would be added to your phone bill.

What percentage of income is legal aid?

For 2019, the Legal Services Corporation provides assistance for individuals and families earning income below 125 percent of the federal poverty guideline.

How to get help in court?

Talk to the clerk at your local courthouse. The clerk may have information about other self-help programs, or may be able to connect you with a courthouse facilitator who can walk you through basic court procedures.

How to find a volunteer attorney?

Search the internet. There are many networks such as probono.net that are dedicated to helping you find a volunteer attorney to assist you.

What is the American Bar Association directory?

Check the American Bar Association's directory. The ABA has a directory on its website that lists free and reduced-cost legal assistance programs in every state. [11]

Why do senior lawyers do pro bono?

Some of these reasons include a desire to continuing using legal skills after retirement, to learn about new areas of the law, to continue interacting with the legal community on a regular basis, or a commitment to public service.

Why don't lawyers do pro bono work?

Some senior lawyers choose not to do pro bono work because they feel as though their schedule is not regular enough to allow for such work. However, if a volunteer lawyer can only participate in a limited number of cases due to frequent travel, other commitments, or a simple desire to retain a flexible schedule, participating in pro bono work through an established pro bono program can usually accommodate such a lifestyle. Established pro bono programs offer various pro bono opportunities ranging from direct representation in litigation or transactional matters to discrete tasks. The discrete tasks include brief advice and counsel, training volunteers and staff, mentoring, drafting community legal education materials or training materials, legislative advocacy, and co-counsel arrangements.

What is an attorney emeritus in New York?

The Attorney Emeritus Program through the New York State Unified Court Systems is available for attorneys who are over age 55 who have a minimum of 10 years of experience. The Attorney Emeritus Program is a partnership among the courts, legal services providers, bar associations, and law schools. Emeritus attorneys volunteer with approved pro bono legal services program.

Why do senior lawyers hesitate to work?

Senior lawyers hesitate to participate in pro bono work in some instances due to a lack of office space and administrative help. After years of practicing law in a firm setting, for example, a senior lawyer may no longer have access to many of the items he or she took for granted - supplies, clerical support, transportation, or simply a suitable address or phone number for work purposes.

What is Act 2 Legal Aid?

Legal Aid Society of Cleveland Act 2 Program is craft ed to allow senior lawyers who are scaling back their practice or retiring to engage in a variety of pro bono projects.

Can a senior lawyer volunteer for a law firm?

On the other hand, if a senior lawyer is not affiliated with a law firm or other entity willing to provide such support, not-for-profit institutions may offer this option as well. Some pro bono programs offer administrative help, letterhead and supplies, and other perks to volunteers in order to increase volunteer lawyer participation. Volunteers in need of office space and other administrative assistance should contact existing pro bono programs nearby, or local bar associations, for additional information on similar programs in their area.

Can a retired lawyer do pro bono work?

Due to this hurdle to performing pro bono work, some programs partners with law firms to support senior lawyer pro bono by their retired lawyers through the provision of office space, supplies, and clerical support.

How many matters are there in a pro bono email?

Each e-mail includes two or three matters which are available for pro bono placement. They are described very briefly and anonymously and outline the claim, project area, legal issue (s), procedural posture, and geographic area in which the matter arises. For those interested in additional information, a conflict list and longer matter description are available. Once a law firm completes the conflict check and decides to accept a matter, a formalized co-counseling agreement is developed and a client retainer is prepared and executed by the client, naming both the Lawyers’ Committee and the law firm. At that point, additional materials relating to the matter are forwarded to the firm.

Why are attorneys fees sought?

Attorneys fees, as well as certain expenses, are sought only through fee-shifting civil rights statutes that provide for the recovery from defendants of prevailing plaintiff’s Attorneys fees and costs. Law firms co-counseling with the Lawyers’ Committee are expected to seek Attorneys fees where we have prevailed. The recovery of Attorneys fees is strongly encouraged because such fees are an important element of civil rights remedies, a strong deterrent to discriminatory conduct, and a vital means of financing future civil rights litigation.

What happens after fees are recovered?

After fees are recovered, they are typically apportioned between the Lawyers’ Committee and the law firm in proportion to their respective shares of the total fee request, after reimbursement of any unrecovered litigation expenses.

What is a lawyer committee?

The Lawyers’ Committee has many opportunities for law firms and lawyers to provide pro bono assistance on civil rights matters. While most matters are litigation oriented, opportunities do exist for transactional lawyers and for those interested in public policy issues. Assistance is also needed for smaller litigation oriented matters such as amicus briefs and general legal research.

What happens if a law firm does not accept fees?

If a law firm does not want to accept fees, the Lawyers’ Committee nevertheless asks that fees be recovered and suggests that the firm donate them to the Lawyers’ Committee, use them to fund a pro bono project, or devote them to future civil rights efforts. How does the Lawyers’ Committee place matters with law firms?

Do law firms become involved in litigation?

At times, however, law firms become involved at the appellate level or after a lawsuit has been filed. In addition, in recent years, law firms have expressed interest in participating in the investigation of matters, particularly in order to provide pro bono opportunities for younger associates and support staff. Involvement with an investigation does not commit a law firm to serve as co-counsel should the decision be made to move forward with a suit.

Do lawyers charge fees?

The Lawyers’ Committee and the law firm co-counsel do not charge their clients fees or require that they advance expenses. There are often significant expenses associated with Lawyers’ Committee lawsuits, including substantial discovery, expert witness (es), and other costs. A firm undertaking a matter with the Lawyers’ Committee is normally expected to advance such litigation expenses. Costs normally associated with representation of a client, such as copying, telephone, travel, and the like, are born by the Lawyers’ Committee and the law firm, respectively. Every effort is made, however, to recover litigation costs and expenses, together with Attorneys fees, at the conclusion of a case through statutory fee-shifting provisions. To ensure that firms are reimbursed for these costs to the most extent possible, the Lawyers’ Committee provides that any unrecovered costs are reimbursed off the top of an Attorneys fees award.

Where to send certified pro bono services?

Certification applications may be submitted at any time during the year. Rule 1:21-11. These applications may be made by entering information into the pro bono resource portal, then printing and mailing in the completed form to Pro Bono Organizations, PO Box 037, Trenton, NJ 08625-0037.

When do pro bono organizations have to file recertification?

Beginning January 1, 2016, existing certified pro bono organizations must file an annual recertification by April 30th. Rule 1:21-11. The online annual recertification form (in fillable format) is posted on the Judiciary's Pro Bono Organization portal; click here to access that form. You may also want to review the December 14, 2015 and February 9, 2016 notices to the bar for details regarding the recertification process.

How many hours of service do you need to be a Madden attorney?

Attorneys may receive an exemption from Madden assignments by providing at least 25 hours of services in court-appointed adult guardianship matters. See the March 4, 2021 Notice to the bar and appended March 1, 2021 Supreme Court order for details. Attorneys seeking this exemption must submit a certification using the posted certification form.#N#In addition to the performance of 25 hours of certified pro bono service for a qualifying organization, attorneys may be exempt from taking Madden v. Delran cases for other reasons, such as retirement. 2021 Exemptions from Pro Bono Counsel Assignment.

How many hours of pro bono service is required for Madden v. Delran?

Attorneys who certify that they have performed at least 25 hours of voluntary qualifying pro bono service in New Jersey are exempt from being appointed to take a Madden v. Delran pro bono case for the following year. Rule 1:21-12. Organizations which provide qualifying service are listed in the Pro Bono Organizations Portal, below.

Do you have to register for the Supreme Court?

The Supreme Court requires every member of the bar to annually register, update personal information, and pay the applicable fees, provide pro bono information, and certify compliance with mandatory continuing legal education. Beginning in 2016, attorneys must register online -- this allows completion of the above obligations in one convenient location.

Can retired attorneys provide pro bono services in New Jersey?

Retired attorneys who had a plenary New Jersey bar admission are permitted to provide pro bono legal services through authorized legal services organizations. In particular, a retired attorney who certifies to the Supreme Court that the only aspect of the attorney’s participation in legal practice is by providing qualifying pro bono service as defined by Rule 1:21-11 (a) for Legal Services of New Jersey and the associated legal regional programs, for a certified organization under Rule 1:21-11 (b), or for an organization otherwise approved by the Supreme Court, may do so pursuant to those rules.#N#See the Dec. 10, 2020 Notice to the Bar for details.

What is pro bono legal?

Offering pro bono legal services is a way for new attorneys to gain experience, and for experienced attorneys to provide assistance to those who need it the most.

Can you waive your state bar license?

Eligible participants who qualify can have their State Bar license fees waived.

Does the state bar waive the license fee for attorneys?

The State Bar also waives the active status license fee for eligible attorneys who do pro bono work under the Pro Bono Practice Program .