Reflections on the History of Legal Aid in Virginia
R ecent issues of Virginia Lawyer have described initiatives to increase funding for indigent
criminal defense in Virginia. The articles that follow in this issue summarize the history of
civil legal services for the poor in the commonwealth. The special section includes an overview
of this work by comprehensive legal aid providers and independent, special-niche nonprofits. It
is presented through recollections of some of the leaders of the movement to establish services for
the poor.
In the interview that follows, Virginia State Bar Executive Director Thomas A. Edmonds reflects
on the history of legal services in the state, his service on the board of Legal Services Corporation
of Virginia and the VSB’s commitment to the legal needs of the underserved.
Thomas A. Edmonds received his bachelor’s degree from Mississippi College and his law
degree from Duke University. He was dean, director of the law center, and professor of law
at The University of Mississippi; and dean and professor of law at the University of
Richmond Law School. He serves on the boards of directors in Richmond of Assisting
Families of Inmates, a nonprofit that provides visiting-day transportation and other
services to families of state prison inmates, and Boaz and Ruth, a program that teaches job
and life skills to former prisoners. He has been the executive director and chief operating
officer of the VSB since 1989. He will retire from the post in 2007.
“I f you go back into the pre-1960s era in
Richmond — and Orlando, where I
practiced law—there was a history of
setting up these kinds of legal aid pro-
grams. I was involved with one in
Mississippi. I was teaching at Ole Miss at
local bar associations operating legal aid the time—1966—and we got a grant that
programs. Volunteer lawyers from the year to set up a rural legal services pro-
firms around town would go and staff an gram that covered the Northern half of the
office in the courthouse or someplace state of Mississippi, focusing on the prob-
where people could come to receive lems of low-income agricultural workers.
counseling, but the only service they There was resistance to concept—by
could receive had to be provided by the other lawyers and politicians, primarily.
lawyer and his or her firm—and many did. Certainly, many volunteer lawyers were
Volunteer lawyers did good work, but representing poor people for free in those
such a system could, of course, never days, and not worrying about a fee. But a
meet much of the need. It was all volun- lot [of lawyers] didn’t. And certainly the
teer and pretty spotty, until the 1960s, needs of the poor were not being met to
when we made a national commitment. any significant degree.
“In the Lyndon Johnson era, in the 1960s, “In 1964, Lewis F. Powell Jr. served as pres-
during the so-called War on Poverty, the ident of the American Bar Association. He
U.S. Office of Economic Opportunity was led the ABA in lobbying for federal sup-
the first federal agency to provide federal port for legal services. That Lewis Powell
money for civil legal services delivered by and the ABA pushed for this meant that
full-time staff attorneys at legal offices. the organized bar at the national level for
the first time worked to achieve the notion
“Part of the War on Poverty included a legal of a public responsibility to help address
services component. Grants were made the legal problems of the poor—it was
around the country to experiment with not just the responsibility of the bar.
16 December 2006
Reflections on the History of Legal Aid in Virginia
Blue-Ribbon “We have always supported Legal Services organized around some particular social
Committee Appointed Corporation of Virginia’s efforts to get problem, like domestic violence, the prob-
“In Virginia, the Virginia State Bar and The more public funding through the General lems of the elderly or problems in particu-
Virginia Bar Association appointed a blue- Assembly. Ultimately, LSCV did achieve lar areas of the law—Virginia Tax Law
ribbon committee in 1991. The ten-mem- both a filing fee add-on that was dedicated Project, for example. They are organized
ber Joint Committee to Study Legal to legal aid and a general-fund appropria- around some area of the law or some tar-
Services in Virginia began its work just tion that runs almost $2 million per year get population, and they often are not just
after publication of an independent survey now. We now get $3 million to $3.5 mil- providing legal services. They may pro-
of poor citizens in the state. The survey lion in public monies per year though a fil- mote social services and financial support,
found that there was a widespread unmet ing fee and the general appropriation. LSC or operate shelters, but legal services are a
need for legal services for the poor, that receives another $2.5–$3 million from the part of it.
many individuals who sought aid were interest from the IOLTA program. So, that
turned away, that many individuals were total—$6 or $7 million at least per year— “I think these independent providers are an
unaware of legal aid, and that legal ser- is distributed to the field programs in important part of the picture, and they
vices were vastly underfunded. Gail S. Virginia and represents state support that deserve our interest and our support. The
Marshall and Phillip B. Morris were did not exist before the early 1990s. So Community Tax Law Project went to the
cochairs of the committee. Membership we’ve made some progress, but we have a General Assembly and got their own pub-
was comprised of some of the top lawyers long way to go. lic support—(which comes through the
in the state. bar’s budget, just as LSCV’s does). We have
“The LSCV-supported network of programs supported its budget renewal every time
“This legal needs assessment, paid for with in each area of the state is the official bar- we put a budget request in. So, we’re not
a grant from the Virginia Law Foundation, sponsored effort, because it is comprehen- solely focused on LSCV. The bar’s interest
confirmed our suspicion that only about sive and covers the whole state. It is is in helping to meet the legal needs of all
20 percent of the legal needs of the poor funded partially by the federal government Virginians who do not have access to the
are addressed in any formal way with the through grants directly to individual pro- system. Whether that is military depen-
assistance of a lawyer. That created quite a grams and partially through state grants dents of lower-level personnel, or whether
push for increased support for legal aid for from LSCV. it’s the elderly whose incomes drop off to
the poor in Virginia. The bar instituted the a low level when they retire, or the
Interest on Lawyers’ Trust Accounts pro-
“Each program also raises local money— infirm—all of those needs would be of
gram (IOLTA), for example, to help fund
some more successfully than others. Some equal interest to the bar. But it is only the
legal aid. The program was initially admin-
of these participate through their local comprehensive providers that operate
istered by the Virginia Law Foundation,
United Way campaign, and some of them statewide and undertake to address gener-
with a good part of the income going to
have independent campaigns. Altogether, ally the needs of the poor—like land-
legal aid programs.
federal, state and local money probably lord/tenant issues, consumer protection,
exceeds $20 million. domestic relations—only the LSCV net-
Legal Services Corporation
work comes close to responding to the
of Virginia
“So, we’ve committed more resources and bulk of the need. Both [kinds of programs]
“There was more interest in the work of the
we’re doing a lot more than ever, but the are good, but the bar’s interest has to be in
Legal Services Corporation of Virginia,
question is, what remains to be done and providing the greatest amount of service
which predated the legal needs study of
how might we do it? That always is an with the limited funds available. I serve on
the joint committee, but I don’t think a lot
issue for the bar, because access to legal the LSCV board, because I think that is
had been accomplished up to that point
services is one of the three prongs of our where the greatest amount of the need can
on the state level in terms of support for
mission statement—providing access for be met.
legal aid in Virginia. Once that study was
all citizens to the system—on both the
done, and the legal community became
more aware of the shortcomings of the criminal and civil side. This is part of what Virginia Compared
system, there was quite a lot of interest in we work for, and why we have worked so “The blue-ribbon joint committee got the
getting the bar to do more, in getting hard to increase fees for court-appointed attention of a lot of people who had no
lawyers to do more pro bono—a combi- attorneys fees and funding of the public idea what the legal needs of the poor were
nation of things that might address the defender system. and no idea what the deficiencies were. It
problem. At that time we added our pro got us moving, and LSCV and many of the
bono coordinator position. Sarah Jane Independent Network independent providers have continued to
Wyatt was our first pro bono coordinator. “In addition to LSCV, there is this network move in the right direction. Many other
Maureen K. Petrini was our second. So, of mainly grant-supported, sometimes states had a substantial lead on us in terms
the state bar began to do more, particu- government-supported, sometimes volun- of interest and commitment on the part of
larly in lining up pro bono help. teer-supported enterprises that are usually their bars, but in the last twenty years we
Virginia Lawyer 17
Reflections on the History of Legal Aid in Virginia
have gained a leadership role—in terms
of our attitude in trying to address this
problem. Certainly, the General Assembly
has done more than most state legisla-
Lewis F. Powell, Jr.
tures. They have been receptive, and LSCV
has done a fine job of educating members
and the Birth of Legal Services
of the Assembly about the needs and the
public nature of the responsibility to meet by John C. Jeffries Jr.
those needs. Reprinted from the December 1998 issue of Virginia Lawyer.
Retirement In the days before his appointment to the
“I would certainly be willing to be involved Supreme Court, Lewis F. Powell Jr. was
in the legal aid community in the future— known as the quintessential establishment
in volunteer time and commitment to the lawyer. He had the largest clients, the best
enterprise. I have always been interested connections, and the greatest national reputa-
in the welfare of the community and in tion of any lawyer in Virginia. Yet Powell was
also deeply involved in the provision of legal
Photo Courtesy of the Richmond Times-Dispatch
folks who seem to need a helping hand. I
did start the Assisting Families of Inmates services to the poor. His leadership in that
program that has been operating in field was crucial to the birth of the private-
Richmond now for about thirty years. It public partnership that eventually became the
provides transportation for families of pris- Legal Services Corporation.
oners on visiting days, social service refer-
rals and the like. I am also involved with As a young lawyer in the 1930s, Powell
Boaz & Ruth in Richmond, which I think devoted many hours to the Family Service
holds the promise of really doing some Society of Richmond. That organization was
good in a part of town that needs all the typical of legal aid societies of the era. It was
help it can get. It is helping turn lives led by establishment lawyers, largely staffed
around for some persons who are just by volunteers, and closely allied to the local bar. The goal of the Family Service
coming out of prison. Society of Richmond and of others like it was not to attack poverty as such but to
provide legal representation to those who happened to be poor.
“On the legal services front, I have been a
volunteer at Central Virginia Legal Aid— This approach was at once progressive and conservative. By furnishing competent
helped to staff the hotline calls and gave counsel at reasonable cost, legal aid societies not only gave indigents a better shot
advice—and that’s about all I have had at obtaining equal justice under law; they also sought to maintain the allegiance of
time to do while serving on the bar staff. the poor to a legal system that did not always seem to be on their side. As Powell
told the American Bar Association in 1964, “[R]espect for law is at its lowest with
“I’ve always admired past VSB President underprivileged persons. There is a natural tendency for such persons to think of
John A.C. Keith’s father—Judge James the courts as symbols of trouble and of lawyers as representatives of creditors or
Keith—who was one of the early recipi- other sources of ‘harassment.’” Powell wanted to assure that competent lawyers
ents of our Powell Pro Bono award. When were available to “provide the advice and assure the just treatment that will engen-
he left the bench, he became almost a full- der increased respect for the law.”
time volunteer at Legal Services of
Northern Virginia. I don’t know that I will Federal involvement came from an entirely different direction. Lyndon Johnson’s
follow suit to that degree, but I will remain “War on Poverty” put Peace Corps director Sargent Shriver in charge of a newly
involved after I retire. created federal agency, the Office of Economic Opportunity. The OEO functioned
as an umbrella agency for a wide variety of anti-poverty programs, aimed not at
“One of the reasons we passed the protecting the legal rights of the poor but at correcting the underlying economic
Emeritus Rule was in the hope that we deprivation of poverty itself. The idea of including a legal services program in OEO
would have lawyers retiring and that it originated with Jean Camper Cahn, an African-American graduate of Yale Law
would encourage them to devote their School and dedicated anti-poverty activist. The backbone of the OEO was the
skills acquired representing clients to pro Community Action Program, consisting of a collection of local community action
bono clients through legal aid programs agencies. Cahn had served under such an agency in New Haven, only to have it
in their areas.”
See Powell continued on page 27
18 December 2006
Reflections on the History of Legal Aid in Virginia
How I Got Here
by John Levy
“To no one will we sell, to no one refuse, delay, right or justice.” — Magna Carta, 1215
“The law in all its majesty prohibits the rich as well as the poor from sleeping
under the bridges of the river Seine.” — Anatole France
“I was in a pretrial conference in the
chambers of a judge of the United States
District Court for the Western District of
programs and selected our top three
choices in order of preference: Seattle,
Portland and Roanoke. At the time
client was told that a lien would be put on
the client’s house, and the lien would
grow with the amount of assistance the
Virginia. The year was 1969 or ’70. The Roanoke was the only federally funded client received. I had never heard of such
lawyer for the other side and I had begun program in Virginia. Slots in the first two and researched the law. I found that there
to discuss the upcoming trial with the programs were filled, so we ended up in was a statute that allowed such a lien for
judge. My cocounsel from the Legal Aid Roanoke. This stroke of luck proved to be Old Age Assistance but not APTD. I sued
Society of the Roanoke Valley was the only a very rewarding and exciting three years. and the state eventually removed all these
woman lawyer in Roanoke who did trial liens. I filed suit in Roanoke and had a
work at that time. She had been detained “The Legal Aid Society of Roanoke Valley “Plea in Abatement” filed against me. I had
and we had started without her. was established in 1966 at the Total Action never heard of such a pleading. (It was to
Against Poverty (TAP), Community Action challenge venue because I was suing the
“When she arrived, the judge and the Agency, Office of Economic Opportunity, state, which had to be done in Richmond.)
lawyer for the other side started doing a with the support of the Roanoke Bar
little ‘dance.’ A woman entered the room, Association. My remembrance is that the “Other cases dealt with issues such as get-
they started to rise. No, it is a lawyer for support was far from unanimous. TAP was ting access to the Welfare Manual; having
the other side; no, it’s a woman. Up down, fully engaged in the War on Poverty: orga- Virginia implement the right to a hearing
up down. Finally, tradition won out and nizing, lobbying, etc. I got involved in prior to terminating benefits as required by
they both stood up and I introduced Meg. welfare rights. One of the reasons for the the U.S. Supreme Court (Goldberg v. Kelly,
This was clearly a transitional time in the Reggie Program, in addition to recruitment See also Dillard v. Industrial Commision,
practice of law in Virginia. How I got there of legal aid lawyers, was to have lawyers S.Ct.) dealing with the paternity laws and
and some of my experiences in legal aid whose salaries were not at the mercy of proposed changes; the work requirement
in Virginia are the subject of this article. local boards and who would be able to for mothers receiving benefits (Woolfolk v.
bring about changes in the law that would Brown, 325 F.S. 1162, 456 F2d 652 (1972));
“I was born in Washington, D.C. My father benefit poor people in general, not just an and localities deciding on whether or not
was a lawyer and my mother a teacher— individual client. This meant “impact litiga- to have federally funded food programs.
two things I thought I’d never be. After tion”; class actions; lobbying for law
graduating from New York University I reform and working with organizations of “One case that gives a feeling of the times
joined the Peace Corps and taught in poor people who were “fighting the war.” was in Botetourt County. I was represent-
Nigeria, West Africa, where I met my wife. The tension between representing as ing a woman whose child had been taken
We married there and our first child, many individual clients as possible and into custody by the welfare department. It
Shanti, was born there. I took my Law doing time-consuming cases that affect was being appealed to circuit court and at
School Admission Test in Enugu, Nigeria, numbers of people over time has been a docket call, when I stood up as the case
in a thatch-roofed building with goats run- recurring debate, and still goes on. was called, the judge announced that legal
ning in and out. I’ve always blamed this aid lawyers could not represent clients in
distraction for my unimpressive score. “In Roanoke with TAP helping to organize his court. We brought a case in federal
women on welfare (Welfare Rights court to force the judge to let us practice
“I graduated from Syracuse University Law Organization), I started to litigate welfare in his court. Our board of directors was
School in 1968 and received a Reginald issues. For example, a client was applying not happy with us taking a Virginia judge
Heber Smith Fellowship, which paid one’s for Aid to the Permanent and Totally into a federal court; they brought an
salary to work for a legal aid program. My Disabled (APTD), the predecessor to
wife and I looked at the list of existing Supplemental Security Income (SSI). The See Levy continued on page 20
Virginia Lawyer 19
Reflections on the History of Legal Aid in Virginia
Levy continued from page 19 woman gets married she can no longer go after I retired from teaching, I went back
to the movies with a strange man. Can to legal aid as the acting director of the
Original Writ of Mandamus in the Supreme she?’ Not knowing how to make a coher- Peninsula program while it and the
Court of Virginia and the judge relented. ent response, I just ignored it. Tidewater program merged.
“I became the deputy director of Roanoke “In 1976, after five years of running “My almost forty years in legal aid in
Legal Aid and after some time applied for Neighborhood Legal Aid in Richmond, the Virginia have been rewarding and fulfill-
the directorship of a new federally funded College of William and Mary Law School ing. One of the most gratifying changes I
program opening in Charlottesville. My advertised for a one-year visiting professor have seen has been with the attitude of
reputation as a ‘troublemaker’ may have to start their clinical law program, which the bar toward legal aid. At the local level
followed me, as I didn’t get that position. the American Bar Association had recently support such as pro bono representation
Soon after that, Richmond got an OED required of law schools. I had worked by local lawyers has grown steadily. From
grant to start a legal aid program and I was with University of Richmond law students the Virginia State Bar, with Thomas A.
hired to be its director. Neighborhood and found it rewarding and I felt that I was Edmonds leading the way, legal aid could
Legal Aid was originally housed in the ‘burning out’ as a program director. A year have not asked for more support. Also, the
Richmond Community Action Program in academe sounded like a nice break. I Virginia Law Foundation has been a great
(RCAP) and its first hurdle was to get was offered the job and remained at W&M source of financial support.
licensed by the Virginia State Bar. until retirement in 2002.
“However, even with such support and
“When the Richmond Bar Association heard “Williamsburg did not have a legal aid pro- progress, the legal needs of Virginia’s poor
that the Office of Economic Opportunity gram when I came. Having spent my are still largely unmet. The latest study
was going to fund a legal aid program, whole career in legal aid, that was the only showed that only 20 percent of those
they started the Metropolitan Legal Aid clinical model I could envision. Together needs are presently being met. The restric-
Society. When I applied for the license I with Robert C. ‘Bobby’ Scott (who was not tions on what types of cases federally
was told that there could only be one legal a congressman at the time), we organized funded programs can bring (e.g., no class
aid in a jurisdiction, and Metropolitan had and got funding for the Peninsula Legal actions) and what relief can be requested
been licensed to serve Richmond. I have Aid Center. Much of the local bar was sup- in cases which are brought (e.g., no
always believed that was the reason portive, but a significant number pushed request for attorney’s fees) make the quo-
behind the bar’s establishing Metropolitan. for a ‘Judicare’ Program. For the next tations at the beginning of this article still
I let it be known that I was preparing a twenty-five years, third-year law students relevant.”
federal case (before Judge Robert R. under my supervision represented legal
Merhige Jr., the only federal district judge aid clients in the Williamsburg area. We
in Richmond at that time), challenging the represented individual clients. A few years
VSB’s refusal to license Neighborhood
Legal Aid. Very soon thereafter a license
was given. John Levy is Chancellor Professor of Law,
Emeritus, at the College of William and
“In Richmond I continued to litigate issues Mary Marshall-Wythe School of Law. Levy
that I believed would impact the lives of has spent a lifetime in the law and public
poor people. Some welfare cases were service. After two years in the Peace Corps
brought, although the Welfare Rights orga- teaching English and African history in a
nizing had almost ended. The issues I secondary school in Nigeria, a stint in the
remember at that time were more about U.S. Department of Health, Education
women’s rights such as marital rape, and Welfare’s education office; and work
which was not a crime. I worked with oth- as director for Richmond’s Legal Aid
ers in the General Assembly to get the first Society, he moved to the W&M law school,
marital rape law passed. We also success- where he became a mainstay of its Legal
fully challenged in federal court the law Skills Program as well as director of clini-
that required a married woman to get her cal education, the summer program
husband’s consent before she could be abroad, and the graduate master of laws
sterilized. A vivid memory of a moment in program. The law school has a loan
the oral argument was when I was dis- repayment assistance program that hon-
cussing the legal changes that do occur ors Levy by helping graduates who work
when someone gets married, and one of at low pay in public service.
the judges interjected, ‘ Yes, when a
20 December 2006
Reflections on the History of Legal Aid in Virginia
Service in the Public Interest:
Employment, Pro Bono and Nominal Compensation Options
A Report from the Virginia State Bar Pro Bono/Access to Legal Services Office, by Maureen K. Petrini, Director
Certified mediators who participate in Undercompensated public service oppor-
V irginia is home to a complex array of
programs that directly provide free
and reduced-fee alternative dispute resolu-
Virginia’s Coalition of Community
Mediation Centers offer sliding-fee pro-
tunities also worthy of attention from new
and experienced lawyers include alliances,
tion and legal services to vulnerable indi- grams to thousands of low-income and especially in remote areas, with overbur-
viduals and those on the economic modest-means individuals, many at or dened public defender offices overseen by
margins of society. Ideally, through public below 200 percent of the federal poverty the Virginia Indigent Defense Commission;
law libraries and other venues, Virginians level. These programs operate under the commonwealth attorney’s offices; and
also have access to affordable real-time auspices of the Supreme Court of Virginia hundreds of court-appointed counsel
multilingual translation services, pro se and serve citizens who would not other- opportunities to represent indigents
court forms with procedural instructions, wise be able to afford access to private accused of crimes, incapacitated adults,
and user-friendly kiosks in cyberspace, as mediation services. In fiscal year and parents in child-removal proceedings.
well as adaptive technology such as new 2002–2003, they conducted seven thou-
Federal Communications Commission- sand custody, visitation and support medi- Supplementing the aforementioned work
sponsored video relay systems for the ations. The average extrapolated income are law school clinics; corporate, voluntary
hearing impaired. of parties served under Virginia Code bar association, and law firm signature pro-
Section 20-124.4 was $20,000 to $22,000, jects; Employer Support of the [National]
This tapestry of law-related programs tied and the average family size was three. Guard & Reserve; the Virginia Office of
to the civil and criminal justice systems Almost a quarter of the mediators certified Protection and Advocacy, an independent
offers service opportunities to attorneys to accept referrals from juvenile and state government agency that represents
and affiliated professionals—opportuni- domestic relations courts under the pro- persons with disabilities; and independent
ties intended to be compatible with the gram were attorneys. legal services providers, some of which do
scheduling preferences and philosophical public interest work seed-funded by the
sensibilities of individual volunteers. Functioning as the centerpiece of this vir- Virginia Law Foundation. Collectively,
Heightened awareness of other providers tual network on the civil side are the these programs’ substantive law concentra-
and resources help lawyers refer questions Virginia State Bar-licensed legal aid soci- tions span a spectrum from faith-based
they are not comfortable answering. eties. These programs collectively log efforts on behalf of victims of domestic vio-
more than thirty thousand cases annually lence and human trafficking and the prison
Projects range from “big-box” endeav- and touch the lives of thousands of other reentry population to programs that focus
ors—such as the federal government- Virginians every year when family size is on constitutional rights, low-income tax-
sponsored military Legal Assistance added to the equation. Although funded payers, children with special education
Offices (LAOs)—to boutique operations primarily by the state and federal govern- needs, and health law for cancer and
with very limited resources that target nar- ments, the programs operate without any AIDS/HIV patients.
rowly-defined needs. centralized viable pension plan for their
employees — some of whom routinely Other important components include
Military LAOs provide free legal assistance tithe or give back part of their modest lawyer referral services sponsored by the
to all active duty and retired service mem- salaries to help underwrite program oper- VSB and several voluntary bar associations
bers and their dependents under federal ations. The programs deliver basic civil that, for a nominal fee, provide panel
law 10 USC 1044. There is no means test. legal services. They make training and attorneys to advise members of the public
Enlistees are increasingly atypical in com- legal malpractice insurance available to about their legal rights; legal insurance
parison to their peers in the general pop- attorneys who participate in private bar programs run by trade unions and other
ulation.* In the wider District of initiatives, such as pro bono, Judicare and entities; and speakers bureaus and emer-
Columbia-Northern Virginia area, this Neighborhood Assistance Program state gency legal services initiatives, including
translates to more than 155,000 potential tax credit projects. A few legal aid pro- those sponsored or cosponsored by the
clients annually, including numerous indi- grams sponsor tuition loan forgiveness VSB and the Supreme Court of Virginia.
viduals who qualify as 100 percent dis- plans for new hires who commit to
abled, low-income and/or modest-means. extended years of service. See Service continued on page 28
Virginia Lawyer 21
Reflections on the History of Legal Aid in Virginia
Legal Aid in the 1980s: Moving Government,
Building Support, Paying the Bills
by Dawn Chase
He started as director of LSCV, and soon eral funds. Declared off-limits were many
J ack L. Harris
came to
Virginia legal
took a second job job as well—as director
of the Virginia Poverty Law Center, which
cases involving class-action suits, repro-
ductive rights, undocumented aliens and
aid after four was formed in 1978 to bring about sys- political redistricting.
years in the Air temic change.
Force, college, Then LSCV and the Poverty Law Center
law school, and Harris describes LSCV as traditional and faced a new challenge that required as
brief jobs prac- conservative, and the Poverty Law Center much commitment and persuasive power
ticing in Florida. as aggressive, committed to forcing as their legal advocacy did. They had to
change where necessary. “As strange as it convince the conservative legislators of
Legal aid had been operating in urban seems, I was director of both the conserv- Virginia that the state needed to step in
pockets of Virginia—Richmond, Roanoke ative and aggressive organizations at the and pay lawyers to help the poor.
and Charlottesville among them — for same time,” he said.
many years, nurtured initially by the fed- “We began the process of seeking state
eral Great Society programs of the 1960s While legal aid programs funded by LSCV funding for legal aid from the General
and supplemented by local governments, met the immediate needs of the poor, the Assembly,” Harris said. Legal Aid’s first leg-
local bars, United Way and other commu- Poverty Law Center lawyers went to the islative advocate was then-Delegate
nity resources. housing projects, community action pro- William P. Robinson Jr., who had just been
grams, area agencies on aging and other elected to his deceased father’s seat in
But in the mid-1970s, after the establish- venues where the people were. They Norfolk. Robinson worked the issue hard,
ment of the national Legal Services organized task forces around the state— and the Byrd Democrat stalwarts who led
Corporation, an additional infusion of fed- on public benefits, food law, healthcare, the legislature supported it. Legal aid
eral funds, funneled through the Virginia housing and child support. received strong support from William L.
Department of Social Services, was used to Lukhard, a longtime commissioner of
create legal aid programs in every area of They also organized buses and clients to social services. In its first attempt, Legal
the commonwealth. That money also was fill those buses, to attend rallies in Aid’s advocates won an appropriation of
the impetus to establish Legal Services Washington. five hundred thousand dollars, awarded
Corporation of Virginia (LSCV), which has without restrictions.
become the central clearinghouse for They went to state government, to the
money and, with the Virginia Poverty Law General Assembly and to court to make Meanwhile, individual legal aid programs
Center, for support services such as train- needs known and to insist that govern- turned to their communities for additional
ing to assist all the local programs. ment meet those needs where law help—in some cases tapping sources
required. developed two decades before by the pro-
Bright young lawyers were migrating to grams in their infancy. The communities
Virginia and joining the legal aid pioneers. “We were one fired-up group,” Harris said. responded, and LSCV realized the pro-
Many took up the challenge of helping “We were very excited about what we grams had established trust—that they
poor people case-by-case with their legal were doing. At that time we thought we would use money wisely and that they
problems. But the lawyers also dreamed of had an ability—and we did—to move offered valued services.
solving those problems systemically, by things forward.”
changing law and forcing compliance with State legislators accepted legal aid’s argu-
existing laws, to benefit many people, In 1980, Ronald Reagan became president. ments that investment in legal services
instead of just one at a time. In his first year, the federal support of legal would save state money that would other-
aid was cut by 25 percent. Virginia legal wise be paid out in social services benefits.
Harris came to legal aid in 1978, at age aid programs laid off attorneys and sup-
thirty-one. “I was one of the older ones,” port staff and closed satellite offices. “Lawyers around the state really helped us
he said. Virginia’s poor faced many chal- out,” Harris said. “The General Assembly
lenges—for example, “A surprising per- Ensuing years saw further cuts, as well as had many many more lawyers than it has
centage of Virginia homes didn’t even increasing limitations on what types of today, and there was a recognition that
have indoor plumbing.” causes legal aid could undertake with fed-
22 December 2006
Reflections on the History of Legal Aid in Virginia
pro bono services alone would never meet off welfare. A Landlord-Tenant Act requires doing, a small organization like a legal aid
this need. at least minimal standards for rental hous- office can’t succeed,” Harris said.
ing. Consumer laws now provide
“The Virginia State Bar and its leadership, improved protection from fraud. Virginia made legal aid history in the
especially its executive directors N. Samuel 1980s. It was one of the first ten states in
Clifton and Thomas A. Edmonds, were key There were failures, too. In the first years the country to appropriate funding for
supporters of legal aid, then and now.” of the Poverty Law Center, “The primary civil legal aid. It was also one of the first
issue, believe it or not, was removal of the ten to adopt an interest on lawyer trust
A little more than a decade after he tax on food.” accounts program; the interest was paid
arrived, Harris left both his legal aid jobs, over to the Virginia Law Foundation, with
and eventually landed at the Virginia Trial Now, legal aid “may not be storming the a primary purpose to support legal ser-
Lawyers Association, where he is execu- ramparts,” Harris said. “But it has accom- vices to the poor.
tive director. He continues to serve on the plished something more important than
boards of LSCV and the Virginia Poverty that, in my view: It has withstood the Harris treasures the memory of “an out-
Law Center. test of time and is still there to serve standing migration of young lawyers” who
those in need.” came out of the 1960s and ’70s committed
He listed some accomplishments of the to testing their perception “that you could
1980s which continue to play a role today: Today the legal aid system enjoys broad actually get into those programs and make
Child support enforcement was improved. support that includes religious institutions, a difference—not with words like ‘love’
Nutrition benefits, such as food stamps, established bar groups, community foun- and ‘freedom,’ but actually moving the
became more widely available because dations and social services organizations, government to do what we believed it had
outreach and distribution are in compli- in addition to local government. the constitutional responsibility to do.”
ance with law and regulation. Utilities reg-
ulators have a seat reserved for consumers. “Without community leaders who are
Health and disability benefits keep people informed of and a part of what you’re
The 1980s: Legal Aid Challenged the System, Brought Change
When Gregory E. programs to have a broader impact on a Along the way, he learned a different
Lucyk received greater number of people.” style.
an invitation to
come to Virginia He started out with the Poverty Law In Philadelphia, “The way I learned to
and advocate for Center’s Food Law Project. There he do business was to come out swinging,”
the poor, he was found that many of Virginia’s social ser- he said. In Virginia, “What changed over
a Philadelphia vices offices were lax in implementing time for me was that I became less con-
lawyer working the federal requirements for providing frontational. While I still used the tools
at a legal aid supplemental nutrition through food of the law to accomplish the purposes
program called stamps, Women Infants and Children we were attempting to achieve, I think
Community (WIC) and other programs. The pro- that I acted with a greater level of cour-
Legal Services, in its Center City “impact grams weren’t doing outreach to iden- tesy and civility in how I dealt with pro-
office.” He had made a name for himself tify eligible recipients, and they weren’t gram officials and governmental lawyers
litigating class actions to make govern- employing enough staff to meet and others.
ment nutrition programs more available demands for service in a timely fashion.
to people who needed them. Indigent people, some in emergency sit- “I softened my approach.”
uations, were being turned away. Harris
Jack L. Harris, then director of the Legal called it a “horrendous situation.” While Lucyk and his legal aid colleagues
Services Corporation of Virginia and the were waging the larger battles, the com-
Virginia Poverty Law Center, hired Lucyk took the problem on, with the munity experienced peripheral benefits.
Lucyk in January 1979. “I was hired to help of legal aid clients and testers who For example, legal aid community orga-
provide legal support and training for checked compliance in offices nizer Deborah D. Oswalt focused on
legal aid staff and, let’s say, ignite some statewide. Eventually, he won a favor- bringing together the people and
excitement into the programs in the able settlement in a large class-action
commonwealth,” Lucyk said. His objec- suit against the city of Richmond. The
tive was to “enhance the ability of local tide began to turn. See Lucyk continued on page 25
Virginia Lawyer 23
Reflections on the History of Legal Aid in Virginia
Legal Aid in the 2000s: Tens of Thousands Benefit,
But Still a Need
by Dawn Chase
custody cases, obtained protective orders Despite the
N ow in its fifth decade, legal aid in
Virginia has evolved in ways unfore-
seen by the lawyers who started it in
and intervened in cases of fraud, wage
garnishments and credit denial.
ongoing chal-
lenges, the LSCV
the 1960s. network of pro-
The legal aid staffs helped people obtain grams is healthy,
Once, it was made up of a handful of benefits—$27.5 million worth in 2004– Braley said.
urban clinics. Now, the network funded by 2005. That amount included $12.5 million
the Legal Services Corporation of Virginia in Social Security and Supplemental The funding is
(LSCV) comprises ten field programs that Security Income benefits; $9.9 million in broad-based and
oversee thirty-five offices and penetrate child support; and $2.6 million in affirma- able to provide
every area of the commonwealth. tive judgments. some cushion Mark Braley
for changes. “While we encourage our
Money for the system comes from a broad The staffs also helped teach another grantees to create small reserves to
base: Interest on Lawyer Trust Accounts 127,544 people to represent their own weather through tough times, the viability
(IOLTA) ($1.7 million in 2004–2005); state interests. The programs distributed of legal aid is always tenuous,” he said. “It
appropriations ($1.6 million in general newsletters and other written materials, only takes one significant cut in funding
revenue and $3.4 million from court filing sponsored community workshops and from a major source like the federal gov-
fees); the federal Legal Services ernment, or like recent downturns in
directly assisted self-represented litigants.
Corporation ($5.4 million; cities and coun- IOLTA funding, to put legal aid programs
ties ($1.8 million); foundations ($900,000) into retrenchment mode.”
Based on funding sources alone, Mark
other federal programs ($700,000); and Braley, executive director of LSCV, reported
other sources, including the United Way The program boards of directors are for
to the General Assembly this year, “What
and donations from the private bar the most part strong. Relations with legis-
the state gets is basically a $20 million Legal
($550,000 in cash donations and $2.5 mil- lators and community groups have
Aid system for about $5.5 million.”
lion in donated volunteer time). remained stable through changes in lead-
ership. Local officials and community lead-
In his office in downtown Richmond,
Virginia legal aid programs are governed ers recognize the good work that their
Braley sits at command central for this sys-
by volunteer boards of community lead- local legal aid offices do and communicate
tem, as LSCV allocates money, provides that to state and federal legislators. Clients
ers, clients and others who offer insight
technical assistance and support to the pro- are being served.
into how best to help low-income people
grams, reviews program financial audits,
meet legal needs.
conducts grantee performance evaluations, Legal aid is not what its founders envi-
lobbies the General Assembly to maintain sioned in the 1960s. Efforts toward sys-
The programs employ about 125 attorneys
and about 150 nonlawyer staff, a majority and increase funding and collects and ana- temic change are generally confined to
of whom are paralegals. lyzes statistics that document legal aid legislative advocacy. In helping clients,
activities throughout the commonwealth. legal aid programs heavily rely on tele-
The programs have drawn in pro bono phone advice—often provided by parale-
lawyers, who in 2004–2005 completed Braley came to the program in 1992, after gals and pro bono lawyers—instead of
3,356 cases involving 16,846 hours. At a stint as a prosecutor in Petersburg and a direct representation.
$150 per hour, the commitment repre- private practice. He, like many in legal aid,
sented a donation of $2.5 million. was influenced by the civil rights move- The founders of legal services dreamt that,
ment. “It brought a lot of focus on the gen- eventually, full legal representation would
During the same year, Legal Aid directly eral problems of poverty,” and law offered be available to every low-income person.
closed 31,500 cases benefiting 114,535 a way to address those problems, he said.
people, most in cases that included con- “The reality is that resources have never
sumer, family, and housing law. They In the past fourteen years, Braley has seen come close to allowing that,” Braley said.
prevented unlawful evictions and foreclo- many skirmishes and a few outright wars “As a result, only about 30 percent of
sures, advocated in child support and over funding and other issues. those we serve receive extended repre-
24 December 2006
Reflections on the History of Legal Aid in Virginia
sentation, while 70 percent receive only are basically asking a new attorney, just Virginia and all that it, and all those who
brief advice and services. Until appropriate out of law school with $80,000 in school work in it, have accomplished. I know I
resources are provided, this will continue loans, to do,” Braley said. am,” Harris said.
to be the case.”
Jack L. Harris, who remains on the LCSV “Access involves more than being able to
More than 650,000 Virginia residents live board after serving in Braley’s job in the enter a courthouse,” Braley said. “It
below the poverty level, and another 1980s, said Virginia legal aid must respond involves being able to state one’s case and
150,000 have incomes less than 125 per- to the resources and political climate of being assured that one’s case is presented
cent of the federal poverty guideline (legal the times. and deliberated on fairly. An individual
aid’s cut-off). Roughly one in eight without resources, appropriate education
Virginians are eligible for free civil legal The reality its leaders face is that, with and an ability to articulate one’s legal posi-
services from LSCV-funded programs. inflation adjusted, the programs have tion faces losing all of those things neces-
never regained the funding levels sary to being a contributing member of
National estimates conclude that 80 per- achieved in the late 1970s by the Great society—a roof over one’s head, food on
cent of legal needs are unmet. This has Society infusion of federal legal services the table, education for one’s children.”
been confirmed in Virginia recently by a money, he said.
new legal needs survey conducted by A legal aid lawyer can make the differ-
LSCV and the Virginia Law Foundation. Legal aid has adapted by offering tele- ence, so the individual can maintain a
Legal aid turns away more than twenty phone advice, legal information hotlines standard of living.
thousand Virginians each year. The system and Web-based legal information as the
does not yet offer the “justice for all” that best way to reach the maximum number “Legal aid programs create a return on
legal aid’s founders worked for. of people. And the system has supple- the investment made by the state in its
mented that advice with a pro bono initia- services. Besides the incalculable benefit
And the system has not been able to tive, which has recruited lawyers in private to the courts of having litigants repre-
address problems with recruitment and practice to take representations, even of sented, the dollar benefits achieved by
retention of attorneys. Salaries — for complex cases. legal aid programs for their clients rep-
lawyers faced with tens of thousands in resent a five-fold return on the com-
school loans—start at about $30,000, less Participants in the effort have included monwealth’s investment.”
than public defenders and other public local bar associations, the Virginia State
sector attorneys. The growth potential is Bar and its Access to Legal Services Braley said he is gratified by the combina-
minimal, and pension benefits are limited Committee, The Virginia Bar Association tion of financial assistance and pro bono
or nonexistent. Programs every year must and private law firms. “In an organized services that ensure that Virginia’s poor
balance compensation for attorneys way, the bar has stepped up,” Harris said. have access to legal services. “But we can
against the always daunting unmet legal do more, and we need to do more as long
needs of clients. “We could wish that legal aid would be bet- as we are turning away more than twenty
ter supported and therefore able to pro- thousand applicants a year,” he said. “It’s
“It’s one thing to commit yourself to poverty vide more of the legal representation my job to convince everyone of that.”
law. It’s another to commit yourself and needed by low-income Virginians. But we
your family to poverty, and that’s what we should all feel very proud of legal aid in
Lucyk continued from page 23 After seven years, frustrated by funding “Every lawyer and every state bar has an
cuts and limitations on the ability of pro- obligation to insure that legal services
grams to effect systemic change, he are available to those who are unable to
moved on. After serving eighteen years hire a lawyer, and particularly those in
resources instrumental in founding the our society who are unempowered or
in the office of the Virginia Attorney
Central Virginia Food Bank. have no voice in the process,” he said.
General, he now is chief staff attorney
“Legal aid fulfills some of that responsi-
Lucyk is the grandson of Ukrainian for the Supreme Court of Virginia.
bility, but more needs to be done.
immigrants. “I was very blessed and
very fortunate because I had opportuni- He salutes his former colleagues who “Attorneys who work in legal services
ties in my life,” he said. He chose to carry on in legal aid, still trying to are heroes, and I am thankful for their
work in legal aid to try to make oppor- achieve civil justice for the indigent, commitment to this critically important
tunities available to others. case by case. public service.”
Virginia Lawyer 25
Reflections on the History of Legal Aid in Virginia
Half My Life
by Larry T. Harley
grams. My own legal aid program now ers in state and local bar associations.
T he “Theory of Relativity”—that’s what
I call it. I don’t mean Einstein’s ver-
sion, although it shares some similarities. I
serves seventeen southwestern Virginia
counties and four cities. We served only
There are those who are recognized as
among Virginia’s best in their fields of con-
mean the one about gaining perspective in two rural counties when the Smyth County centration. There are those who have
life. It bumped up against my comfort Bar Association established our program helped to craft many of our laws impact-
zone just recently. My good friend John J. in 1972. That was, if you are old enough ing low-income people. There are those
Gifford, a private attorney in Abingdon, to recall, a turbulent time; we were a who are leaders on the national legal aid
had just turned fifty. John and I met when greatly divided nation. It might have been scene. There are those who have helped
he interviewed for an attorney position an inauspicious time to begin such a chal- to energize low-income communities.
with our legal aid program in 1981. At the lenging venture had it not been for the
time I was our thirty- year-old senior attor- dedication of our founders and the dedi- Think of the best legal aid attorneys you
ney, and John . . . well he was just a twenty- cation of those first legal aid lawyers. Our have known. My colleagues around the
five year old law school graduate. I felt first board president was John H. Tate Jr., commonwealth could have worked any-
seasoned; he seemed so young. Now, that who later served in the Virginia House of where and earned far more. Why do some
five-year age difference seems so small; so Delegates. Our first two attorneys were of Virginia’s best work at legal aid? I think
relative. In perspective, that is. Joseph H. Tate and Eugene E. Lohman. it’s that relativity thing again; perspective.
Each is now a district court judge with an
John’s birthday had me looking back. encyclopedic knowledge of the law. These Marty Wegbreit, currently a senior staff
Could it really have been a quarter of a attorneys were our pioneers. They blazed attorney at Central Virginia Legal Aid and
century ago that he interviewed for that trails of legitimacy for our infant program the first recipient of the Virginia State Bar
staff attorney position? In twenty-five years by earning respect for their excellence in Legal Aid Attorney Award, espouses the
John has grown from an eager young representation of low-income clients. “Add a Zero” Rule. To understand what a
attorney looking for that first professional legal dispute feels like to a low-income
opportunity into a very highly regarded Of course, there have been many pioneers person add a zero to every dollar amount.
bankruptcy attorney. When John started for Virginia’s legal aid programs. Many of So, the client needs only $300 to catch up
with legal aid he used to frequently ask these pioneer attorneys still work in on that rent? How does $3,000 feel to you?
me for advice; he counted on me for Virginia legal aid offices. Our current num- She only needs $430 to fix that car? How
years. Now it’s me calling him for advice bers include several project directors who would $4,300 feel to you? It’s all relative; It
and asking him to accept yet again have guided outstanding programs longer depends on your perspective.
another pro bono referral; I’ve counted on than our newest attorneys have been alive.
him for years. Among these seasoned (not old, mind Almost half my life. I’ve worked for legal
you) are William L. Botts III of aid almost exactly half my life and I am in
Of course, it wasn’t just John coming of Rappahannock Legal Services in awe of my legal aid colleagues—the ones
age in this quarter century; Virginia’s legal Fredericksburg, Henry W. McLaughlin III with gray hair and the ones right out of
aid programs were finding their legs dur- of Central Virginia Legal Aid in Richmond law school. They “get” the relativity thing.
ing this same period. Virginia’s first legal and Henry L. Woodward of Legal Aid They are changing the world . . . one client
aid program was founded during the Society in Roanoke. Legal aid attorneys at a time.
1960s. In the 1970s, legal aid programs who have argued or cocounseled cases
expanded into most of the common- before the U.S. Supreme Court include Jill
wealth. It was not until the early 1980s, A. Hanken and James W. “Jay” Speer of
however, that a legal aid program served the Virginia Poverty Law Center in
Larry T. Harley is
every county and city in Virginia. Richmond, Katheryn L. Pryor in executive director
Richmond, Henry Woodward, and Martin of Southwest
Legal aid is now a well established part of D. “Marty” Wegbreit of the Central Virginia Virginia Legal Aid
Legal Aid Society in Richmond. Society, based in
the legal landscape, but this wasn’t always
Marion.
the case. It was forward-thinking commu-
nity groups and bar associations that led Many others make up our colorful legal
the formation of Virginia’s legal aid pro- aid history. There are those who are lead-
26 December 2006
Reflections on the History of Legal Aid in Virginia
Powell continued from page 18 saw the fledgling federal program not only gies were now to be harnessed in the fed-
as the long arm of big government but eral program.
collapse in the face of political opposition also as publicly funded competition for the
to her decision to defend a young black struggling neighborhood lawyer. Letters For Powell, forging an alliance with the
man accused of raping a white girl. From poured into the ABA’s Chicago headquar- OEO proved easier than selling the deal to
this experience, Cahn concluded that ters demanding that the organization the ABA’s House of Delegates. Powell
neighborhood law offices should be free mobilize its resources to kill the federal labored tirelessly in the small-group poli-
to serve their clients without regard to the program. tics of which he was master to secure del-
views of welfare bureaucrats or local egates’ support. He drafted a resolution to
politicians. Cahn was therefore eager to Powell refused. In his inaugural speech as be presented to the House of Delegates,
take advantage of the traditional indepen- ABA president in August, 1964, Powell secured the advance endorsement of lead-
dence of lawyers and willing to cooperate had announced expansion of legal ser- ing figures, arranged who would speak on
with the organized bar. vices to the poor as one of three priorities behalf of the proposal, and sketched what
for the coming year. Now he held off the they would say. On February 7, 1964, the
Other anti-poverty activists disagreed. In demands for a declaration of war, ordered ABA endorsement that many OEO officials
November 1964, organizers of a federal a detailed study of the federal proposal, thought impossible to obtain was passed
conference on experimental legal services and opened negotiations with its backers. without a single dissenting vote.
programs in New Haven, Boston, and In retrospect, it seems clear that both sides
New York failed to invite anyone from the had much to gain from compromise. The In the ensuing months, additional difficul-
ABA or from the National Legal Aid and “Feds” had money and good relations with ties arose, especially over the degree of
Defender Association. Indeed, they actu- the urban poor. The legal aid movement local political control over federally-
ally refused a request that ABA and Legal had existing organizations and good rela- funded legal aid societies. Behind the
Aid representatives be allowed to attend. tions with local lawyers. Perhaps most scenes, Powell negotiated successful con-
Fortunately, that intransigence was cir- important, the organized bar, unlike local cessions from OEO; in public he spon-
cumvented, and two observers were even- community action agencies, supported sored a “symbolic handshake” between
tually permitted to attend the conference. representation even for the most unpopu- the traditional legal aid movement and the
There they heard searing criticism of the lar clients. In essence, alliance with the new government program. At the ABA’s
traditional legal aid societies, thinly veiled establishment bar would help legal ser- annual meeting that August, Powell
contempt for the mostly white, middle- vices lawyers assert their independence chaired a special session at which Sargent
aged volunteers who staffed them, and within the anti-poverty movement. Shriver addressed the assembled dele-
deep suspicion of the establishment bar. gates, apologized for certain missteps, and
On the last day of the conference, they However clear these advantages seem in announced that he had created a National
also heard that OEO had decided to hindsight, at the time differences in poli- Advisory Committee on which Powell and
launch a federally-funded national legal tics, background, and outlook threatened other ABA leaders had agreed to serve.
assistance program and that Shriver had to preclude agreement. The problem was
appointed Jean Cahn to head a task force not so much disagreement over policy as Powell’s role in forging the public-private
for that purpose. it was the gulf of estrangement and mutual partnership that became the Legal Services
suspicion that separated the two sides. As Program was crucial to its success and was
The suspicion and hostility with which Jean Cahn later recalled, the “distance to seen as such by the other participants.
most anti-poverty activists treated the be bridged could hardly have been cast Seven years later, Powell found himself
organized bar were returned in kind. On more symbolically than to ask a white before the Senate Committee on the
November 17, 1964, Sargent Shriver gave a lawyer from the ranks of Southern aristoc- Judiciary as President Nixon’s nominee to
speech proposing the creation of “super- racy leading the then lily-white ABA and a the Supreme Court. As a politically con-
markets of social service” that would black woman lawyer representing the servative white Southerner who had been
include, among a variety of other services, ‘feds’ to hammer out a relationship of trust head of the Richmond School Board dur-
legal assistance for the poor. This formula- and cooperation.” But Powell and Cahn ing the painful early days of desegrega-
tion raised the fear that the vaunted inde- succeeded in doing just that. The ABA tion, Powell was naturally subject to
pendence of lawyers and their freedom to agreed to endorse and support the federal questioning about civil rights. Eloquent
represent clients as they thought best program, and the OEO agreed not to deny support for his confirmation came from an
would be subordinated to the demands of federal funding to existing legal aid soci- extraordinary eighteen-page letter from
bureaucrats and politicians. Moreover, eties and to accept shared control of some Jean Cahn. In her letter, Cahn told the
Shriver spoke of training lay persons to act local organizations. The traditional inde- story of the tortured birth of the Legal
as “legal advocates for the poor,” perform- pendence and professional standards of Services Program and of Powell’s role in
ing many functions traditionally thought to lawyers were guaranteed, and their ener-
require lawyers. The organized bar now See Powell continued on page 28
Virginia Lawyer 27
Reflections on the History of Legal Aid in Virginia
Powell continued from page 27 and talents to serving the less fortunate. cers of the court and custodians of the rule
On the contrary, Powell practiced law in a of law. Powell believed that lawyers were
steering it through the ABA, how he com- large law firm, represented corporate leaders by aptitude and training and that
mitted his personal prestige to the project clients, made money, and lived well. He with the opportunity of leadership came
and persuaded those who opposed fed- was in fact, as well as reputation, the quin- responsibility to match. Powell demon-
eral funding. She also told how Powell tessential establishment lawyer. Yet Powell strated these beliefs in his own life, and he
had worked closely with the all-black believed that the obligation of public ser- structured his firm to allow and reward
National Bar Association and how he had vice fell on all lawyers, not just on the public service by others.
arranged her opportunity to become the committed few. Powell believed that every
first African-American lawyer, male or lawyer owed something to the commu-
female, to address a plenary session of the nity. Lawyers not only were economically
ABA. Powell, she predicted, would “go and socially privileged; they were also offi-
down in history as one of the great states-
men of our profession.”
John C. Jeffries Jr. is Emerson Spies Professor of Law, Arnold H. Leon
***** Professor of Law, and Dean of the University of Virginia School of Law. The
material for this essay comes from John C. Jeffries Jr., Justice Lewis F. Powell Jr.
In a sense, Lewis Powell’s contribution to (Charles Scribner’s Sons, 1994), and the sources cited therein, especially Earl
legal services was the more exemplary Johnson Jr., Justice and Reform: The Formative Years of the American Legal
because he was not a “public interest Services Program (Transaction Books, 1978). It first published in Virginia
Lawyer, December 1998.
lawyer.” He was not one of those extraor-
dinary individuals who devote their lives
Service continued from page 21 broad-based network of providers that amendments to certain rules and regula-
receives Virginia Law Foundation and gov- tions. For more information about these
ernment grant funds. developments or related public service
The primary entity at the Virginia State Bar opportunities (paid and unpaid) contact
with an overriding interest in this delivery The Access Committee’s goal is to improve me, or see the program Web site at
system is the Special Committee on Access access to the legal system for all Virginians http://www.vsb.org/site/pro_bono/.
to Legal Services. Its sister entity, the VSB and for the nonprofit charitable and civic
Indigent Defense Task Force, is charged groups that serve the public good. The *According to the Atlantic Monthly, 42 percent of
with making policy recommendations committee promotes pro bono publico today’s Army enlistees are ethnic or racial minorities.
related to indigent criminal defense services by Virginia lawyers and encour- While nearly 50 percent of 18- to 24-year-olds in the
reform. The Access Committee was ages the integrated development of like general population have some exposure to college
formed during the 1992-93 fiscal year as a contributions from law school faculty and education, in the U.S. military today, only 6.5 percent
merger of the pro bono and legal aid com- students and members of related profes- of U.S. military members of this age have had
mittees. Since that time, the committee’s sions. It also supports efforts to reform the such exposure.
mission has evolved under actions taken criminal justice system that fall under the
directly by the VSB Council and the recommendations of the bar’s Indigent
Supreme Court of Virginia. Defense Task Force.
These developments include the council’s In preparation to meet future challenges,
approval of new Rules of Professional the committee is currently considering
Conduct, particularly Public Service Rules
6.1, 6.2, etc.; a Resolution to Enhance Pro
Maureen K. Petrini is director of the Virginia State Bar Pro Bono/Access to
Bono Publico in Virginia; a resolution
Legal Services Office.
adopting the American Bar Association’s
“Ten Principles for a Public Defense
Delivery System”; and the Emeritus Rule of
Court, which acknowledges, in promoting
service options for retiring attorneys, the
28 December 2006
Reflections on the History of Legal Aid in Virginia
Pro Bono for Young Lawyers in Virginia
by Michael Signer and Samantha Ahuja
Goals and Background munity of the importance of pro bono rep- legal skills that will benefit the firm and its
of the Commission resentation, to improve understanding of clients. Through pro bono, young lawyers
The young family about to be evicted. The the state of pro bono representation at frequently gain their first trial experience,
domestic violence victim with nowhere to Virginia law firms and to advocate for draft original legal documents and interact
go. The immigrant about to be deported. greater emphasis on pro bono representa- with clients, thus acquiring the practical
Through pro bono representation, thou- tion in Virginia law firms. skills of client interaction. Pro bono helps
sands of Virginians who cannot afford the young lawyers build relationships and a
fees many lawyers charge still require legal The commission has now surveyed reputation within the bar, allows lawyers
representation each year. As many Virginia Virginia law firms that responded to a the opportunity to interact with judges and
lawyers know, pro bono representation National Association of Legal Professionals other lawyers and confers lawyers’ good
can be one of the most rewarding ways to request for information on pro bono. The reputations in the bar. Finally, pro bono is
practice law; it is also one of the best ways results of this survey are described below. economically beneficial for firms. Pro
to improve legal skills, increase the pro- bono cases frequently lead to “impact liti-
fessional reputation of lawyers and law Pro Bono: A Work in Progress gation,” as pro bono cases often touch on
firms and forge connections with judges In the past thirty years, the American Bar novel issues or service clients whose sto-
and other members of the bar. Association has advanced the commitment ries are compelling to a wide audience.
of the legal community to effective pro Law firms can increase their profiles by
The Pro Bono Commission of the Young bono service. These steps include ABA working on pro bono cases that raise sin-
Lawyers Conference (YLC) of the Virginia Model Rule 6.1, which provides that every gular or galvanizing issues.
State Bar was created to provide overarch- lawyer should aspire to provide fifty hours
ing guidance to the pro bono efforts of the of pro bono legal services per year, and The Virginia State Bar and YLC
YLC. The commission’s mission is to the ABA’s formal pro bono challenge, Pro Bono Programs
“assess current pro bono programs and to which encourages law firms to commit to The Virginia State Bar has a special Access
develop programs designed to improve a goal of either 3 percent or 5 percent of to Legal Services Committee that focuses
the quantity and quality of pro bono activ- their total yearly billables dedicated to pro on promoting and facilitating support for
ities of young lawyers.” bono services. Many, if not all, state bar free and reduced-fee legal services for
associations have followed the ABA’s individuals and nonprofit charitable and
The Pro Bono Commission began its activ- example, and encouraged their members civic groups in Virginia. The committee
ities in earnest in August of 2006 when it to provide legal services to persons of lim- also works with the Supreme Court of
named a steering committee, which com- ited means, as well as to the organizations Virginia and bar organizations to address
prises Michael Signer of Wilmer Cutler that serve those in need. ethical, financial and other issues related
Pickering Hale & Dorr LLP in Washington, to pro bono services. The Virginia State
D.C., chair; Samantha Ahuja of Womble Everybody Wins Bar Web site (www.vsb.org) provides a
Carlyle Sandridge & Rice PLLC in There is some tension between pro bono comprehensive listing of the services
Washington D.C., vice-chair; Robert M. work and law firms’ bottom lines. Some offered, resources for attorneys and indi-
Byrne of Martin & Raynor PC in firms are reluctant to invest time and viduals seeking help, as well as other
Charlottesville; Meghan M. Cloud of resources in pro bono cases or to allow information needed to promote pro
McGuireWoods LLP in Charlottesville; J.P. associates billable credit for their pro bono bono services.
Cooney of Jones Day in Washington, D.C.; cases, assuming a zero-sum relationship
Tyler Kidd of Williams Mullen in between a pro bono and a billable hour. Other YLC programs include the Voter
Richmond; Bryan M. Rhode of the On the other hand, many other firms rec- Education Program, the Emergency Legal
Richmond commonwealth’s attorney’s ognize there is more than meets the eye to Services Response Plan, the Wills for
office; Samuel T. Towell of Williams pro bono work. Heroes Program, and the Oliver
Mullen in Richmond; and Nathan J.D. Hill/Samuel Tucker Pre-Law Institute. The
Veldhuis of Tremblay & Smith LLP in Altruistic arguments for pro bono repre- YLC trains Virginia attorneys to represent
Charlottesville. sentation are self-evident. There are also and protect the rights of domestic violence
pragmatic arguments for a commitment to victims. As part of this effort, the YLC has
The steering committee plans to increase pro bono by Virginia law firms: Pro bono distributed more than two hundred thou-
awareness among the Virginia legal com- provides training for young lawyers in sand safety and legal brochures.
Virginia Lawyer 29
Reflections on the History of Legal Aid in Virginia
Taking Stock
Sample Virginia Law Firm Data
The Pro Bono Commission’s first project
8
this year was to survey Virginia firms that
had responded to the annual survey of the
7
National Association of Legal
Professionals. The survey included queries
6
on pro bono activities. We wanted to con-
tact firms to supply greater detail on pro 5
Number of Each
bono by Virginia law firms than is avail-
Fulltime P B
F llti Coordinator
Pro Bono C di t
able in the NALP report, including the 4 Billalble Credit
Bonus Consideration
average hours of pro bono representation
per associate and whether pro bono hours 3
count toward yearly billable requirements
2
and toward bonuses.
1
Difficulty Gathering Data
It was difficult to gather data from Virginia 0
firms. Of the twenty-six firms we con- 0 25 (7 total Lawfirms 2 25 50 (9 total Lawfirms 2 51 75 (6 total Lawfirms 4 75+ (8 total Lawfirms 1
provided incomplete data) provided incomplete data) provided incomplete data) provided incomplete data)
tacted, we received completed surveys Virginia Lawyers/Lawfirm
from ten. Even after leaving voice mes-
sages and emails with each firm, the
response rate was less than 50 percent. five do not count pro bono toward billable enty-five lawyers—were less likely to give
The difficulty we had gathering data is requirements. The size of a law firm did bonus credit than those with fewer than
related to systemic problems. Pro bono not necessarily determine its commitment fifty lawyers. Many Virginia firms credit the
may not have a sufficiently prominent to pro bono. As the chart shows, five of fifty hours per year required by ABA
place in the culture of many firms, and seven small firms gave billable credit, Model Rule 6.1. Three firms—Buchanan
some firms may be self-conscious about whereas seven of nine of the firms with Ingersoll, DLA Piper, and Hogan and
disclosing the data. As the chart shows, we more than seventy-five lawyers gave bill- Hartson—credit one hundred hours. Five
had the most difficult time gathering data able credit. firms — Greenberg Traurig, Holland &
from firms with fifty to seventy-five Knight, Latham & Watkins, Sands
lawyers—of eight firms, six did not pro- Seven firms do not allow pro bono work Anderson Marks & Miller, and
vide data. to count toward a bonus. Of the seven WilmerHale—grant bonus consideration
firms, two are major Virginia law firms to 100 percent of pro bono hours.
Definitions Vary with over one hundred lawyers. Also, the (Notably, all but two of the firms in these
The definition of pro bono varies widely at largest firms—those with more than sev- two groups are large international firms.)
Virginia law firms. Some firms credit only
direct client services and legal representa-
tion to indigent clients. Others will count a YLC Pro Bono Commission Chair Michael Signer of Wilmer Cutler Pickering
broader range of activities, such as Hale & Dorr LLP in Washington, D.C.; michaelsigner@gmail.com
research, representation to organizations
or service groups, or assistance to advo-
cacy groups.
A Wide Range
We found a wide range in minimum
suggested pro bono hours, from twenty
to two hundred, with the majority of
firms recommending approximately fifty YLC Pro Bono Commission Vice-Chair Samantha Ahuja of Womble Carlyle
hours—the ABA suggested minimum. Sandridge & Rice PLLC in Washington D.C.; sahuja@wcsr.com
Most Virginia firms that responded to the
NALP survey allow associates to claim a
certain amount of billable hours toward
their yearly requirements. Of twenty-six
firms that answered the NALP survey, only
30 December 2006
Reflections on the History of Legal Aid in Virginia
Average Pro Bono Hours cent. From our survey and the NALP factors shape a firms’ approach to pro
per Associate results, it appears that many Virginia firms bono. We encourage lawyers or law firms
There was a wide range in the average pro are not providing data, are not participat- with advice, feedback or questions to con-
bono hours per associate, a finding unex- ing in or are below even the 3 percent tar- tact either Michael Signer at michael-
plained by the size of a law firm. The aver- get. One of the largest Virginia firms signer@gmail.com, Samantha Ahuja at
age hours for law firms surveyed ranged declined to provide us with a figure. Two sahuja@wcsr.com, or any of the members
from a low of twenty-nine hours (at one of other major law firms were at 2.3 percent of the steering committee.
Virginia’s largest firms) to ninety-five and 1 percent.
(again, at one of Virginia’s largest firms.)
Total Pro Bono Percent of Billable Hours Next Steps
As the Pro Bono Commission proceeds
The ABA offers firms two levels of pro with this research project, we plan to con-
bono commitment—3 percent and 5 per- tact more firms in an effort to learn what
The Special Committee on Access to Legal Services of the Virginia State Bar
invites you to mark your calendar for the
Annual VSB Pro Bono
& Access to Justice Conference
Thursday and Friday, May 17–18, 2007
University of Richmond T.C. Williams School of Law
Including
A Thursday Afternoon (May 17th) Forum on Pro Bono Best Practices
And a Thursday Evening Pro Bono Award Ceremony and Reception
moderated by VSB President Karen Gould
at the same location from 7:30 to 9:30 P.M.
and featuring
Friday, May 18th Daytime CLE Training on
Effectively Expanding Access to the Court: Resources and Remedies
with
Friday Lunchtime Networking Discussions on Select Public Interest Law Opportunities
Look for updates online at www.vsb.org.
Virginia Lawyer 31