Saturday, November 19, 2022

Federal Government Pro Bono Program

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Program administrator: Patent Pro Bono Program

It is the policy of this Court to encourage members of the bar to represent parties who are unable to afford counsel. In furtherance of this policy, the Court has adopted certain guidelines governing the reimbursement of expenses of court-appointed counsel.

When an attorney has been appointed to represent an indigent party in a civil matter, that attorney may petition the Court for reimbursement of certain expenses. These expenses, which are defined in the Guidelines, must be incurred in the preparation and presentation of the case before this Court. Funding for this reimbursement program shall be obtained from this Courts “District Court Fund” and the total limit allowable per client represented, absent extraordinary circumstances, can also be found in the Guidelines.

Ner Supreme Court & Appellate Supreme Court And Appellate Issues

New York

Andrew Silverman is an appellate lawyer focusing on high-stakes, precedent-setting cases nationwide. A distinguishing feature of Andrews practice is that clients routinely call on him in the trial court to win the case long before the appeal.

Andrew is skilled brief writer who works on significant motions in the trial court to prevent any resort to appeal by winning the case first. In addition, Andrew specializes in readying cases for appeal by perfecting critical appellate issues and teeing them up in the most favorable posture. Andrew has brought these special skills to bear for some of the worlds largest companies in their most important cases, including for Oracle , PricewaterhouseCoopers , Gilead Sciences , Synopsys , and the dietary supplement industry .

Drawing on his years of experience as a trial attorney at the U.S. Department of Justice, Andrew collaborates with the trial court team to serve as the point person for law-intensive brief-writing and strategy. In cases where the stakes are so high that an appeal is all but inevitable, Andrew is frequently retained to work on motions to dismiss, preliminary-injunction briefing, and summary-judgment motions. If the case proceeds toward trial, Andrew leads strategizing and all manner of briefing from jury instructions to motions in limine to mid-trial objections and pocket briefs to motions for judgment as a matter of law and motions for a new trial.

Recommendations To Lsc And Its Grantees

Recommendation 1

LSC Should Serve as an Information Clearinghouse and Source of Coordination and Technical Assistance to Help Grantees Develop Strong Pro Bono Programs.

Specifically, LSC should:

  • Create a professional association specifically for pro bono managers at LSC grantees. In collaboration with organizations like the National Association of Pro Bono Professionals, LSC should bring these professionals together for training, relationship-building, and support.
  • Recommend that Congress create a Pro Bono Innovation/Incubation Fund, modeled on the successful Technology Initiative Grant program, and aimed at encouraging innovations and best practices in pro bono. We recommend that this grant be a newly funded program, with mechanisms for evaluation built in, and that funding for it not be taken out of critically needed, existing funds for LSC grantees. We also recommend that private donors consider supporting this program.
  • Develop a Pro Bono Toolkit which includes noteworthy practices in pro bono and provides high-level, web-based training to LSC grantees pro bono managers and program directors. This toolkit should build on existing resources for pro bono programs, be focused on making pro bono a reliable and sustained resource for the community, and:
  • Provide guidance on offering effective volunteer support, such as quality screening, training, mentoring, and recognition of volunteers.
  • Use pro bono lawyers to assist pro se litigants.
  • Recommendation 2

    Recommendation 3

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    Recommendation : Lsc Should Serve As An Information Clearinghouse And Source Of Coordination And Technical Assistance To Help Grantees Develop Strong Pro Bono Programs

    Every LSC grantee is required to devote a portion of its resources to engaging private lawyers, but there is great variation among grantees in terms of the size, quality, efficiency, and effectiveness of their pro bono programs. Good pro bono programs require solid infrastructure, and there is an opportunity for LSC to engage with and support its grantees by offering training, resources, and guidance on how to build that infrastructure.

    Of course, there already are many great resources on pro bono,Existing resources for building an effective pro bono program include:

  • Recommend that Congress create a Pro Bono Innovation/Incubation Fund. LSC should recommend that Congress or LSC, through funds raised independently from the private bar or interested foundations, create a challenge grant, as has been done through the successful Technology Initiative Grants program, aimed at encouraging innovations and best practices in pro bono. We specifically recommend that this challenge grant be a newly-funded program, and that resources not be taken from critically- needed existing funds for LSC grantees.
  • We include more detailed findings about each of these categories below.

    a. Evaluating Pro Bono Programs

    To improve evaluation of pro bono activities by LSC-funded organizations, the Task Force recommends that LSC:

    b. Offering Volunteer Supports

    c. Providing a Range of Pro Bono Opportunities to Engage All Segments of the Bar

    1. Small Firm and Solo Practitioners
    2. Rural Lawyers

    B Requests Of The Legal Profession: Recognize The Importance Of Pro Bono

    2018 TVC Pro Bono Mission Partner Awards Reception ...

    This report would not be complete without a word about the dire need to fund legal services. A high quality pro bono system is dependent upon sufficient resources for legal services. Recent cuts in funding have cut resources including those needed to develop an effective pro bono infrastructure to the bone.

    The legal profession as a whole should recognize the importance of providing every American with access to our justice system, the role that pro bono lawyers can play in offering that access, and the cost of developing and maintaining effective pro bono programs.

    Every legal service provider has been affected by the economic downturn, as foundations have cut back their giving, IOLTA has plummeted as a result of falling interest rates , and funding has been drastically cut both at the federal and state levels.Singsen, Gerry, PAI A Time for Reflection, Management Information Exchange Journal, 29, 26-31 .

    In some states, LSC grantees and others have launched active campaigns to raise additional dollars from the private bar, including from their pro bono partners. State AJCs and other groups have successfully recommended adoption of new fees, such as pro hac vice fees, or voluntary contribution check-offs on bar dues forms, with all new revenues going to legal services organizations.

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    Recommendation : Lsc Should Revise Its Private Attorney Involvement Regulation To Encourage Pro Bono

    LSCs Private Attorney Involvement regulation, promulgated in its current form in 1985, directs grantees to expend 12.5% of their basic field grants to encouraging “the involvement of private attorneys in the delivery of legal assistance to eligible clients.”45 C.F.R. § 1614.2. Specifically, it provides that private attorney involvement “shall be an integral part of a total local program undertaken” to further the “statutory requirement of high quality economical and effective client-centered legal assistance to eligible clients.”45 C.F.R. § 1614.2. Decisions about how to implement the “substantial involvement” requirement rest with the local LSC grantees and their boards, but those decisions are subject to “review and evaluation” by LSC.Id.

    The PAI regulation has resulted in increased collaboration between LSC grantees and private attorneys however, because of changing realities in the legal market, there are certain areas where the regulation might productively be revised to ensure that LSC grantees can use their grants to foster pro bono participation. Section 1614.3 of the regulation describes the range of activities that may be counted toward the PAI requirement and the ways costs related to the PAI effort are identified and accounted for. In practice, the regulation poses complications in certain areas for LSC grantees. LSC therefore should reexamine the regulation in the following areas:

    The Program Is A Win For Our Attorneys

    From the newest associate to the most senior partner, attorneys at all levels participate in our Veterans program. For some, this may be their first opportunity to take the lead, forming strategy and drafting appeal documents, or making an oral argument before a court. Others are happy to give back to veterans using skills they have honed throughout their long legal careers. In many cases, our pro bono teams include associates and partners work closely together, gaining meaningful opportunities and advocacy skills to further develop their legal careers.

    Finnegan partner and United States Naval Academy graduate James Barney argued, en banc, an appeal before the Federal Circuit, challenging the assignment of effective dates for veterans benefits and the application of the doctrine of equitable tolling when a medical condition is so disabling as to prevent the filing of a claim for benefits. James worked closely with two associates on the brief. The appeal originated at the CAVC and has been shepherded through the federal court system by the same Finnegan team.

    $5 million donated

    Finnegan receives funds for its successful work at the CAVC under the federal governments Equal Access to Justice Act and donates 100% of this money to charity.

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    Report Of The Pro Bono Task Force

    The official release of the report took place on October 2nd at the U.S. Capitol Visitor Center, and featured remarks by Rep. Frank Wolf chairman of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies.

    The task force, co-chaired by LSC Board members Martha Minow, of Harvard Law School, and Harry J.F. Korrell III, of Davis Wright Tremaine LLP, included more than 60 distinguished leaders and experts from the judiciary, major corporations, private practice, law schools, the federal government, and the legal aid community. Its charge was to identify and recommend innovative ways to enhance pro bono throughout the country. The report presents the findings and recommendations of the task forces five working groups: Best Practices-Urban, Best Practices-Rural, Obstacles, Technology, and Big Ideas.

    The task forces recommendations to LSC and its grantees include

    • forming a professional association of pro bono coordinators at LSC-funded organizations
    • asking Congress to create a new Pro Bono Innovation/Incubation Fund modeled on LSCs successful Technology Initiatives Grant program and
    • developing a fellowship program for new graduates and emeritus lawyers designed to build support for civil legal services and pro bono within firms, law schools, and the legal profession as a whole.

    The task forces requests of bar leaders, the judiciary, and others include

    Requests For Assistance From The Legal Profession

    How to Apply to the USPTO Patent Pro Bono Program

    The Task Force recognizes that, although LSC has an important leadership role to play in encouraging pro bono, none of the recommendations in this report can be implemented without strong support from bar leaders, the judiciary, policymakers and, indeed, the legal profession as a whole. We therefore call for assistance from all of these stakeholders to encourage and support efforts to effectively engage the private bar. As members of the Task Force, we also recognize that our work begins rather than ends with this report and we remain enthusiastically committed to assisting LSC and its grantees in carrying out these recommendations.

    Specifically, we ask of:

  • Bar leaders and the judiciary:
  • To the Extent Permitted, Recruit Pro Bono Lawyers. Support and Applaud Their Pro Bono Efforts. We ask that judges and bar leaders use their influence, consistent with applicable judicial rules of conduct, to recruit new pro bono lawyers, especially in rural areas and among solo ractitioners, to draw attention to the crisis in legal services, to applaud the effort of pro bono lawyers, and to advocate for additional funding at the state and federal levels.
  • Use Bar Associations to Encourage, Support, and Celebrate Pro Bono.
  • Create or Strengthen State Access to Justice Commissions to consolidate and support pro bono efforts.
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    Public Interest Law Society

    You can get involved with the Public Interest Law Society formerly the Public Interest Project , one of the oldest, largest, and most active student organizations at the law school. PILSs mission is to foster BU Law students commitment to non-profit, government, and pro bono work and to promote community service. PILS organizes networking events, discussions and panels on public interest opportunities, and coordinates community service activities.

    Recommendation : Lsc Should Launch A Public Relations Campaign On The Importance Of Pro Bono

    Members of the private bar can help alleviate the justice gap, but many either do not know about the justice gap or do not know how they can help. Lawyers may not know about the extraordinary need for their pro bono contributions. Policymakers often are not aware of the importance of legal aid. Leaders in the legal community therefore should work together to increase public awareness of these issues.

    As a starting point, LSC should convene a small group to explore launching a national public relations campaign to: raise awareness, both within and outside of the legal profession, about the continuing crisis in legal aid for the poor encourage members of the bar to help solve that crisis by taking on pro bono matters and donating to legal aid organizations and generally promote and celebrate the accomplishments of legal aid lawyers across the country. LSC already has retained a media consultant to produce a public service announcement for LSC-grantees, which 20 LSC programs have signed on to use thus far.

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    Pro Bono/attorney Referral Pilot Program

    The Private-Bar Pro Bono Pilot Program Committee of the Court of Federal Claims Bar Association is pleased to announce its role in facilitating the operation of a Pro Bono/Attorney Referral Pilot Program, under which legal representation may potentially be available to pro se plaintiffs who are referred to the program by the assigned judge in appropriate cases pending in the Court of Federal Claims.

    Under the Pilot Programs Standard Operating Procedures, the decision to refer a pro se plaintiff is entirely within the discretion of the judge assigned to the case, and the program applies only to pending cases. When the Court issues a referral order, the Bar Association, acting through the Committee, will notify counsel who have registered for the program that the pro se plaintiff has been referred, and will also forward basic information about the case provided by the Clerks Office.

    After receiving notice of a referral to the pilot program, if you are interested in representing the pro se plaintiff in a particular case, you will notify the Bar Association, and the Bar Association will in turn provide your contact information to the pro se plaintiff. As with any attorney-client relationship, the pro se plaintiffs decision to engage counsel, and your decision to accept the case, will be between you and the pro se plaintiff.

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    Nominations Now Open For Our 2021 Legal Services And Government Pro Bono Awards

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    We are now accepting nominations for our 2021 Legal Services Award and Government Pro Bono Award. Each year at our Awards Ceremony, we recognize the extraordinary work of some of the Districts most dedicated public-interest and government pro bono lawyers. Our 2021 Awards Ceremony will take place on Thursday, December 2.

    Our Legal Services Award recognizes a dynamic legal-services lawyer who represents low-income clients, works to improve access to justice, or thinks creatively to solve difficult legal problems. Our Government Pro Bono Award commends a dedicated government lawyer who also volunteers time to organize pro bono efforts or represent low-income clients.

    Nomination materials are due by 5 pm ET on Monday, October 4, 2021. The awards criteria and nomination instructions are below.

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    Fdic Wins Federal Agency Pro Bono Leadership Award

    Chief Judge Beryl Howell of the U.S. District Court for the District of Columbia and Chief Judge Merrick Garland of the U.S Court of Appeals for the D.C. Circuit with FDIC attorneys Gina Stuart, Ben Krowicki, Josephine Bahn, Nick Kazmerski, and Harrel Pettway.

    On October 30 the Federal Deposit Insurance Corporation received the 2019 John C. Cruden Federal Agency Pro Bono Leadership Award for its innovative and successful approaches to promoting pro bono work. Cruden, president of the D.C. Bar from 2005 to 2006, played a pivotal role in expanding the Federal Government Pro Bono Program during his term.

    U.S. District Court for the District of Columbia Chief Judge Beryl Howell presented the award during the Federal Government Pro Bono Recognition Ceremony at the U.S. Courthouse.

    The FDIC has been a long-time champion of pro bono efforts for example, FDIC personnel have staffed the D.C. Bar Pro Bono Centers Advice & Referral Clinic four times each year for over a decade but in the past few years, the agency, under the leadership of Rich Foley, has promoted pro bono creatively and effectively in-house.

    Building on its in-house efforts, the FDIC has been a significant contributor to the Federal Government Pro Bono Program. The agency recently hosted both a domestic violence legal training and an interagency pro bono meeting, and it supported other agencies developing their own pro bono programs.

    List Of Pro Bono Legal Service Providers

    Visit EOIR’s Pro Bono Portal to apply to be on the List of Pro Bono Legal Service Providers.

    For a copy of the full List of Pro Bono Legal Service Providers, please click here.

    The full List is divided into separate sections that correspond to the individual immigration courts around the country. For a list of providers that appear at a specific immigration court, please click the relevant state/territory on the map or list below. Please note that if a particular state/territory is not an active link in either the map or listing below, then there is currently no immigration court or hearing location in that state. If you live in one of these states/territories, please click on the state where you have your court case hearing to find a local provider.

    Alabama WisconsinWyoming

    The Executive Office for Immigration Review , Office of Policy, Office of Legal Access Programs administers the List of Pro Bono Legal Service Providers or the List.” The List is published quarterly . The List is central to EOIRs efforts to improve the amount and quality of representation before its adjudicators, and it is an essential tool to inform individuals in proceedings before EOIR of available pro bono legal services. The rules for qualifying organizations, pro bono referral services, and attorneys to be placed on the List can be found in the Code of Federal Regulations, 8 C.F.R. § 1003.61 et seq. .

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