Pro Bono / Access to Legal Services
TEN FACTS ABOUT VIRGINIA’S JUSTICE GAP
Did you know?
- Over 80% of the civil legal needs of the poor in Virginia and nationwide go unmet.
- Individuals who are represented by counsel are twice as likely to have a favorable outcome compared to those who are unrepresented.
- There are presently more than 1 million people in Virginia who are living in poverty. In other words, one in eight Virginians is eligible for free legal services from Virginia’s legal aid programs.
- 48% percent of low and moderate income households in Virginia experience a legal problem each year (approximately 400,000 legal problems annually).
- Because of funding cuts and decrease in IOLTA revenue, Virginia’s legal aid programs have lost 20% of their funding, resulting in a loss of 20% of total legal aid attorney and support staff statewide (61 positions total, including 34 attorneys). That leaves just 130 legal aid lawyers to cover the land area of Virginia or 42,775 square miles. At the same time Virginia’s poverty population has increased by over 30%.
- There is one legal aid lawyer per 7,237 poor persons in Virginia. Compare this to the ratio of one lawyer per 349 Virginians. 
- Nationwide, 50% of the potential clients who request legal assistance from legal aid are turned away due to a lack of resources. People seeking assistance with family law cases were turned away 80% of the time.
- Rule 6.1 of the Virginia Rules of Professional Conduct every lawyer, regardless of professional prominence, should devote 2% of his or her professional time to pro bono legal services activity (or approximately 40 hours per year).
- If Virginia lawyers were in compliance with this aspirational goal, we should be providing over 900,000 hours of pro bono.
- According to the best available data, Virginia lawyers are providing just 80,000 hours of pro bono.
What can you do to help?
- See the VSB’s Precipitating Change Through Pro Bono brochure to find out more about Pro Bono opportunities in Virginia
- Request to receive information about Virginia.freelegalanswers.org, an online pro bono website starting in August in which low income Virginians can post a legal question on the website and attorneys who register for the website can review the questions, select one, and post an answer. It’s free, it’s limited scope, it’s convenient, it’s anonymous: it’s Pro Bono.
- Check out the Virginia State Bar Access to Legal Services Facebook page.
- Contact Karl A. Doss, VSB Director of Access to Legal Services by phone (804-775-0522) or e-mail (firstname.lastname@example.org).
Access to Legal Services Committee
Public Information Webinar: What to Do When You Cannot Afford a Lawyer
On November 29, 2016, the VSB Access to Legal Services Committee hosted the Public Information Webinar: What to Do When You Cannot Afford a Lawyer. Attendees heard presentations from Ann Kloeckner, Executive Director of Legal Aid Works, Toni Dunson, Coordinator of the Virginia Lawyer Referral Service, Gail Warren, State Law Librarian, and Karl Doss, VSB Director of Access to Justice about free and low cost options for legal assistance.
The recording of the webinar is available for viewing and sharing via this link and the PDF of the materials may be found here.
The recording covers the following information:
Hon. Lewis F. Powell, Jr., former Associate Justice of the Supreme Court of the United States, famously said: “Equal justice under law is not merely a caption on the facade of the Supreme Court building, it is perhaps the most inspiring ideal of our society. It is one of the ends for which our entire legal system exists...it is fundamental that justice should be the same, in substance and availability, without regard to economic status.” However, 80% of the civil legal needs of low income Virginians go unmet. Moreover, many people simply do not know what resources are available to assist them if they need legal assistance and cannot afford a lawyer.
This webinar discussed the following options for those unable to afford legal help:
o Legal Aid
o Nonprofit Legal Services Organizations
o Virginia Lawyer Referral Service
o State Courts Self-Represented Litigant Portal, and
The Virginia State Bar Special Committee on Access to Legal Services is pleased to offer this free public information webinar. Please note that this does not constitute legal advice, the information provided is general in nature, and some details may vary depending on the court and jurisdiction.
- Lewis F. Powell Jr. Pro Bono Award Information — See 2015 recipient
- Virginia Legal Aid Award Information — See 2016 recipient
- Oliver White Hill Law Student Pro Bono Award Information — See 2016 recipient
Is there a Pro Bono Gap in Virginia? article from the February 2014 issue of Virginia Lawyer (PDF file)
Pro Bono Training and Events Calendar
Please register for Serious Illness, the Law, and Pro Bono Service, Part 5: Simple Trusts on Mar 2, 2017 1:00 PM EST at:
The Basic Trusts CLE builds upon the information provided in the Simple Life Planning Documents CLE and assumes familiarity with the basic will form provided in that course. In the Basic Trusts CLE you will learn how to identify situations that call for the creation of a trust, how to identify appropriate candidates to nominate as trustee of a trust, how to assist the client with identifying an appropriate duration for the trust, and how to advise clients regarding the necessary beneficiary designations and titling structure to ensure that assets are protected by the trust. This CLE will only cover basic testamentary trusts, and will not cover revocable or irrevocable inter vivos trusts, and will not cover "see-through" retirement trusts for the distribution of tax-deferred assets.
Attorney Carolyn White of White & McCarthy, LLP will be the presenter for this webinar, which has been submitted for 1.5 hours of MCLE credit. There is no cost to attend this program; however, in exchange for the free CLE credits, attendees are asked to certify that they either will accept a pro bono referral from LINC or their local legal aid organization or make a financial donation supporting them
After registering, you will receive a confirmation email containing information about joining the webinar.
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Pro Bono Spotlight
Since September 2007, Williams Mullen has provided basic life planning documents for several groups in need of legal services through free clinics -- including veterans, nursing homes, at-risk moms, senior citizens and recovering addicts. The program was created by Pro Bono Partner Andy Nea, who has led the program’s clinics since its inception. The program served 431 clients in 26 clinics in 2015. In total, 104 lawyers contributed their services to the program during 2015, which provides a simple will, a power of attorney and an advance medical directive. The program also partners with Virginia law schools and, in 2015, 56 students from the University of Richmond, William & Mary and the University of Virginia assisted at the clinics.
 2007 Virginia Legal Needs Study, commissioned by the Legal Services Corporation of Virginia (LSCV) and funded in part by the Virginia law Foundation; 1994 ABA National Legal Needs Study
 Russell Engler, Connecting Self-Representation to Civil Gideon: What Existing Data Reveal About When Counsel is Most Needed, Fordham Urban Law Journal, Volume 37, Issue 1, 2009. pp. 51- 66..
 Legal Services Corporation of Virginia, Report to the Commonwealth and the General Assembly, FY 014-15, p. 8
 VSB Membership Report, August 3, 2015 (number of active Virginia lawyers); LSC Grant Application, May 2014(number of legal aid lawyers); US Census website (Virginia population and poverty population)
Legal Services Corporation, FY 2016 Budget Request; Alan W. Houseman, The Future of Civil Legal Aid in the United States, Center for Law and Social Policy (CLASP), November 2005
 Rule 6.1, Virginia Rules of Professional Conduct
 Joanna L. Suyes and John E. Whitfield, Is There a Justice Gap in Virginia?, Virginia Lawyer, February 2014
 Legal Services Corporation of Virginia, Report to the Commonwealth and the General Assembly, FY 014-15;2013 VSB Access to Legal Services Statewide Survey of Independent Pro Bono Programs; and an extrapolation of ad hoc pro bono hours from ABA Supporting Justice III report, March 2013