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THE TENNESSEE
Volunteer ATTORNEY
It’s Hard to Find Help When You Don’t Know Where to Look
CREATION OF THE 2011 MEMPHIS/SHELBY COUNTY REENTRY RESOURCE GUIDE
By Richelle Kidder
S
ince 2004, the Memphis Bar Association has Brown (sole practitioner), Mary Hamm (Burch
offered a profession- and community-changing Porter), Richelle Kidder (Butler Snow), Andrea
experience through its annual Leadership Forum. Prater (Public Defender’s Office) and Bridget Warner
This program, designed for attorneys who are relatively (Butler Sevier), found the community service project
new to the profession, seeks to develop the leadership to be an exciting — yet admittedly daunting — task.
skills of attorneys in their early years of practice, The group reflected on whom to help in Memphis
empower them to make greater contributions to the (and how, and when, and where, and why). After bat-
Memphis community and the legal profession, model ting around several ideas — some too big, some too
and practice the highest standards of the legal profes- small — the group landed on a need that seemed just
sion, and encourage diversity. From October until the right: the creation of an easy-to-use, printed resource
“graduation” in May, Leadership Forum participants guide that would assist ex-offenders who are making
explore topics and expand capabil- the transition from incarceration to the community.
ities in topics including communi- The concept for this project was inspired through
S UMMER 2011 cation skills, conflict resolution, conversations with the Memphis-Shelby County Office
2 A Letter from the Chair life/work balance, and confidence of Economic Development — an agency that knows,
4 5th Annual Corporate Counsel Pro in the judicial system. In addition only too well, the extraordinary strain that incarcera-
Bono Initiative Gala to monthly sessions, a key part of tion places not only on the individual, but on the com-
5 Three Programs Receive Corporate the program is the development munity at large. With a desire to assist ex-offenders and
Counsel Pro Bono Initiative Funds and implementation of a commu- advance principles of positive economic development,
6 TBA and TALS Launch the Tennessee nity service project, to be com- the group considered and decided to prepare a resource
Appellate Pro Bono Program pleted by small groups of five guide that would help ex-offenders access programs and
7 Save the Date: Equal Justice attorneys each. people who want to help them succeed — under-
University 2011 One of the groups, consisting standing that in many cases, ex-offenders might not
7 Celebrate Pro Bono 2011 of Memphis attorneys Harry know where to begin to look for help.
8 OnlineTNJustice.org: Utilizing continued on page 3
Technology to Expand Pro Bono
Opportunities
9 Access to Justice Commission
Update
10 Community Health Systems
Attorneys Provide Free Legal Help to
Williamson Countians
10 Calendar
11 Answering the Call
11 Submit a Nomination for the TBA
Public Service Awards
12 Ready to Volunteer?
From left: Memphis Bar Association Leadership Forum participants Richelle Kidder (Butler, Snow, O’Mara,
A publication of the
T ENNESSEE BAR Stevens & Cannada PLLC), Andrea Prater (Public Defender’s Office), Mary Hamm (Burch Porter & Johnson PLLC),
A S S O C I AT I O N Bridget Warner (Butler Sevier Hinsley & Reid PLLC), and Harry Brown (Harry Brown, Attorney at Law).
A Letter From the Chair
By David R. Esquivel
W
elcome to the Summer 2011 edition of the this service will be particularly effective in pairing the
Tennessee Volunteer Attorney. As always, legal needs of rural Tennesseans with the dispropor-
you will find in these pages a snapshot of tionate number of lawyers in our larger cities. So far,
how people across our state are making access to jus- more than 250 lawyers have registered as volunteers
tice a reality. for OnlineTNJustice.org.
One theme of this edition is the Tennessee bar’s cre- We also recognize the outstanding work done by
ativity in addressing unmet legal needs. Richelle Kidder the Access to Justice Commission, the Tennessee
of Butler Snow brings us our lead article about the work Justice Center, and TJC’s Pro Bono Attorney of the
of the Memphis Bar Association’s Leadership Forum. Year, Jeff Smith, Partner in Charge of Adams &
Richelle was part of a group of lawyers that prepared a Reese’s Memphis office, as well as the pro bono work of
resource guide to help ex-offenders reenter the commu- individuals, firms, and corporate legal departments
nity. This work exemplifies the best of our profession — across Tennessee.
helping those who are marginalized in our society. At the 5th Annual Corporate Counsel Pro Bono
You will also find an article by Prof. Alistair Gala held in March, the AutoZone legal department
Newbern of the Vanderbilt Law School about the was recognized for their work in Memphis staffing an
launch of a Tennessee Appellate Pro Bono Program. advance directives clinic and developing education
This is a joint effort of the TBA and the Tennessee materials about purchasing and financing used cars. I
Alliance for Legal Services (TALS). Appellate pro am proud of my colleagues at Bass, Berry & Sims, who
bono representation has been a missing link in our were recognized at the same event for their work with
access to justice bundle of services, and this program AutoZone and in securing the commutation of the
will fill that gap. death sentence of E.J. Harbison. Finally, many kudos
One of the most exciting new programs to come to the legal department at Community Health Systems
along is OnlineTNJustice.org. TBA President Danny for staffing a monthly legal clinic for residents of
Van Horn and TALS Executive Director Erik Cole Williamson County.
bring us the story. OnlineTNJustice is another TBA I hope the snapshots in this newsletter have the
and TALS collaboration. The concept is simple. same effect on you as they have on me — appreciation
Needy Tennessee residents submit legal questions in an and awe for all the Tennessee bar does to meet the
on-line forum, and they get answers within a few days legal needs of all Tennesseans, regardless of their
from knowledgeable lawyers across the state. We hope ability to pay. I
2 VOLUNTEER ATTORNEY EDITORIAL BOARD
Linda Warren Seely, Editor
David P. Cañas
Debra L. House
Alex J. Hurder
It’s Hard to Find Help When You Don’t Know Where to Look (continued from page 1)
The “not knowing where to look” theme guided the tant lesson: if at all possible, plug into existing groups
group in choosing a magnifying glass as the symbol for that are already involved in this type of work. In this
the 2011 Memphis/Shelby County Reentry Resource regard, the group was extremely pleased to collaborate
Guide. Similarly, the introduction explains that with the City of Memphis and Shelby County,
The purpose of this resource guide is to serve as Tennessee Board of Probation and Parole, and the
a magnifying glass — a tool to help you see and Tennessee Reentry Collaborative (TREC). These
learn how to reach the people and programs who organizations provided important contributions in
sincerely want to help you succeed. Admittedly, terms of resource listings and encouragement; and per-
this resource guide is not a how-to-manual or a haps most importantly, TREC has offered to update
magic ticket to success after incar-
ceration. Instead, this guide is
meant to assist you in making good The Memphis/Shelby County Reentry Resource Guide
connections with the right people, is currently available for download at the websites listed.
where and when you need help.
Please feel free to print the guide and give copies to
The group’s research was informed people who can use it, share it via email distribution lists,
by the efforts of other communities,
such as Miami-Dade, Fla., and Travis
and/or post on appropriate websites.
County (Austin), Tex., which have • Memphis Area Legal Services:
likewise prepared guides for ex- http://malsi.org/links.php
offenders. Those guides provided a
template to obtain information on pro- • Shelby County District Attorney General’s Office:
grams in greater Memphis that can http://www.scdag.com/
help people in need, including ex-
offenders. With basic categories of pro- (Help tab: “Resources & Help for Newly Released
grams in mind (e.g., substance abuse, Inmates”)
housing, food, education, health care,
jobs), the group set to work in finding
programs that serve people in these areas. The cate- the guide in subsequent years to keep it current.
gories quickly grew, however, as did the group’s under- As the 2010-2011 Leadership Forum grew to a close
standing of the amazing types and quantities of work in Spring 2011, final touches were put on the resource
being done “on the ground” in Memphis. Who knew, guide. The group was given the opportunity to present
for example, that there are more than a dozen organiza- the project at the TREC meeting in April 2011, at
tions in greater Memphis that assist people with a wide which 200 copies of the guide (courtesy Burch Porter)
range of financial services, including applications for were distributed. Given that the goal is to place the
government and private benefits that can help make resource guide in the hands of as many people and
ends meet? Who knew that more than 30 organizations organizations as possible to get the word out, the doc-
offer job training in fields ranging from cosmetology to ument was made available in electronic (.pdf) format
computers, from health care to HVAC? With these and and is available on the web sites listed in the box.
many more examples of organizations that help people Finally, when the group presented its project at the
in need, including ex-offenders, the 2011 Memphis/ Leadership Forum graduation in May 2011, it shared
Shelby County Reentry Resource Guide eventually grew the following guiding principle — if this guide helps
to a 40-page listing of resources in 12 categories: one ex-offender make a successful transition by “mag- 3
alcohol and drug abuse services, benefits and finances, nifying” the opportunities that are present in this great
clothing, education, employment, food, health care, community — it was well worth the effort. I
housing, legal help, reentry and other resources, trans-
portation, and utilities, as well as a listing of emergency
phone numbers. Richelle Kidder is Counsel at Butler, Snow, O’Mara,
Along the way, the group learned another impor- Stevens & Cannada PLLC in Memphis.
5th Annual Corporate Counsel Pro Bono Initiative Gala
B
ass, Berry & Sims PLC and AutoZone were rec- to plan and host a legal clinic last summer for residents
ognized for their commitment to providing free of low-income and blighted neighborhoods in
legal services to the poor at the 5th Annual Memphis. The clinic provided advance directives free
Corporate Counsel Pro Bono Gala on March 26 in of charge to many who would not have been able to
Nashville. The event featured remarks by Tennessee afford such a service. Advance care directives are spe-
Supreme Court Chief Justice Connie Clark and cific instructions, prepared in advance, that govern
Nashville Mayor Karl Dean. medical care should a person become unable to articu-
Tennessee Bar Association President Sam Elliott late their desires in the future.
was on hand to present the 2011 Corporate Counsel In addition, the firm was recognized for its work on
Pro Bono Awards. Award recipients are selected each behalf of former death row inmate Edward Jerome
year from nominations submitted by attorneys across Harbison. For three years, members of the firm invested
the state. One award is given to the law firm that best more than 2,500 hours and traveled hundreds of miles
exemplifies extraordinary commitment to access to across the state interviewing witnesses and reviewing
justice ideals, pro bono service and the Corporate long-forgotten court records. Through its efforts, the
Counsel Covenant of Service, while the other award is firm was able to demonstrate that Harbison’s death sen-
given to the corporate legal department that best tence was the result of ineffective counsel and was
exemplifies these qualities. The Corporate Counsel highly disproportionate to the punishment received by
Covenant of Service states that corporate attorneys others for similar crimes in the state. In January, then
have an ethical obligation to provide pro bono legal Gov. Phil Bredesen agreed with the firm’s findings and
services to the poor and underserved. commuted Harbison’s death sentence to life in prison
The gala, which included a dinner and ceremony, is without parole. The commutation came just one
part of the Corporate Counsel Pro Bono Initiative — month prior to Harbison’s scheduled execution and
a partnership between the Tennessee Bar Association after he had served 27 years on death row.
(TBA) and the Association of Corporate Counsel that In nominating the firm, Nashville lawyer David
encourages and supports pro bono activities by lawyers Garrison with the law firm of Barrett Johnston wrote,
serving as in-house and corporate counsel in the state. “Few firms in Tennessee could have (or would have)
Since its beginning, the initiative has raised more than brought to bear the resources that were necessary to
$200,000 to help bring legal services to the poor. make this outcome for Mr. Harbison possible. Bass
Berry’s willingness to do so sets an example for other
LAW FIRM AWARD large law firms in our state and shows an ongoing com-
This year’s law firm award was presented to Bass, Berry mitment to justice for the indigent and underserved
& Sims for jointly producing an advanced directives that deserves to be recognized.”
clinic in Memphis, and for its advocacy on behalf of
former death row inmate Edward Jerome Harbison. LEGAL DEPARTMENT AWARD
First, the firm was recognized for working with This year’s corporate legal department award was pre-
AutoZone and Memphis Area Legal Services (MALS) sented to Memphis-based AutoZone for organizing an
4
Bass Berry & Sims received the law firm award. From left: Sam Elliott, Keith Simmons, Allyn Gibson, Wendee Hilderbrand and Rev. Joe Ingle.
From top left: This
year’s gala featured a
variety of speakers: TBA
President Sam Elliott,
Access to Justice
Committee Chair David
Esquivel, Tennessee
Justice Center Executive
Director Gordon
Bonnyman, Chief Justice
Connie Clark, Nashville
Mayor Karl Dean and
TBA Vice President
Jackie Dixon
Jim Barry and Andy
Branham received
special recognition for
their leadership
advance directives clinic last summer, and for pro-
ducing an educational video to help low-income indi-
viduals make wise decisions about purchasing used cars.
The company worked with the Memphis office of
Bass, Berry & Sims and MALS to plan and host an
advance directives clinic for residents of low income
neighborhoods in the city. AutoZone partnered with
lawyers and summer associates from the firm, as well as
with specially trained law students from MALS’ Peace
of Mind for Seniors Project, to make this important
service available to needy Memphians. AutoZone attorney Christopher Jones accepted the corporate legal
In addition, the company was recognized for devel- department award.
oping and distributing education materials about pur-
chasing and financing used cars. “The A-Z of Used Car
Buying” campaign involved production of a video in Three Programs Receive
which an auto mechanic demonstrates what to look for
in a used car, an attorney discusses what clients should
Corporate Counsel Pro
know about the legal aspects of buying a used car and
an AutoZone employee describes how to maintain a
Bono Initiative Funds
used car. In nominating the company for this award, Funds raised from the annual gala are given back
Linda Warren Seely, director of private attorney to the legal services community in the form of
involvement at Memphis Area Legal Services, said grants to fund pro bono programs. This year the
that transportation is a serious problem for legal aid initiative funded three grant requests. The 5
clients and that MALS frequently receives inquiries Tennessee Justice Center received $10,000 to
about the purchase, financing and repossession of used expand an existing program to train and enlist
cars. She anticipates this new resource will be of signif- pro bono counsel to handle individual adminis-
icant value to the agency. trative TennCare appeals. The Tennessee
Alliance for Legal Services received $15,000 to
SPECIAL RECOGNITIONS support the administration of OnlineTNJustice
For the last five years, Memphis lawyers Jim Barry with during its first year. The Community Legal
International Paper and Andy Branham with Counsel Center received $10,000 to train additional pro
on Call have coordinated the initiative and helped bono lawyers to handle cases before the Memphis
raise more than $200,000 for pro bono activities. TBA Immigration Courts. The Immigrant Justice
Access to Justice Committee Chair David Esquivel Program provides representation to low-income
presented them both with an award to thank them for immigrants, many who are children or victims of
their leadership and service. I domestic violence. I
THE POWER OF PRO BONO
TBA and TALS Launch the Tennessee Appellate Pro
Bono Program
By Alistair Newbern
A
s every lawyer knows, there is no guarantee bond potentially affects thousands of cases every
that a case comes to an end when the trial year … Legal Aid wanted to be in on the appeal
court enters its judgment. The prospect of because the issue is so critical. However, once we
another round in a higher court is common, whether as realized that the appeal involved several intricate
the appellant seeking to correct a trial court error or as constitutional issues, we had concerns that we
the appellee defending a successful result. But what if a would not have the resources to handle it as well as
client can no longer afford to pay for representation we wanted. The Appellate Pro Bono Project was just
after the initial round of litigation? Or what if a pro what we needed. We are so appreciative of the
bono attorney cannot continue to represent the client excellent work that Lewis has done.
through an appeal? And what if an attorney wants to
take pro bono cases but does not specialize in trial prac- Cases referred to the Appellate Pro Bono Program
tice? What if her talents are in appellate litigation? go through an initial screening by TALS and are then
In the spring of 2011, the Tennessee Bar Association referred to a panel of volunteer attorneys from across
(TBA) and the Tennessee Alliance for Legal Services Tennessee. These attorneys have identified themselves
(TALS) came together to launch a new initiative as having particular experience or interest in appellate
directed at addressing precisely these questions. The litigation and a desire to contribute their talents to pro
Tennessee Appellate Pro Bono Program is a joint bono work. Twenty attorneys have already volunteered
project of the TBA Access to Justice Committee, the their talents, and we look forward to recruiting more
TBA Appellate Practice Section, and TALS. Its volunteers as the program develops. All volunteer
straightforward mission is to connect lawyers with attorneys receive one hour of free appellate-practice
appellate practice experience with clients who need CLE from the TBA and are covered by professional lia-
pro bono representation on appeal. bility insurance maintained by TALS for their pro bono
The Appellate Pro Bono Program has three primary work. A small litigation fund is also available to help
goals: defray some costs of appeal.
• To enhance access to justice for low-income liti- In its initial phase, the Appellate Pro Bono Program
gants in Tennessee’s appellate courts by establishing is accepting cases referred by legal services and public
a panel of qualified appellate attorneys to accept pro interest lawyers and by pro bono lawyers who handle a
bono representation of clients on appeal; case at the trial court but cannot continue representa-
• To provide increased opportunities for attorneys tion on appeal. Cases are screened by TALS staff and a
with appellate practice expertise to use their coordinating committee of attorneys before they are
skills to serve clients who could not otherwise referred to the volunteers. Criteria for case selection
afford representation; and include a significant novel or unsettled question of law,
• To provide an opportunity for senior appellate error in the trial court that may have impact outside of
attorneys to mentor and supervise young lawyers the individual case, a split of authority, or a possible
seeking appellate practice experience through precedent-setting decision. All clients referred to
pro bono representation. counsel through the program must not otherwise be
able to afford appellate representation.
6 The Program has already placed two cases with vol- The Appellate Pro Bono Project continues to recruit
unteer attorneys. Bass, Berry & Sims associate Cecil volunteers and cases for referral. If you would like to
VanDevender is partnering with Legal Aid of East refer a case for representation, contact TALS Policy
Tennessee staff attorney Emily O’Donnell in an appeal and Training Director Lisa Primm at lprimm@tals.org.
challenging a Chattanooga public housing complex’s To volunteer for the project, contact Sarah Hayman at
eviction procedures. Dyersburg attorney Lewis Jenkins, shayman@tnbar.org. I
a partner at Wilkerson, Gauldin, Hayes & Jenkins,
accepted a case from Legal Aid of East Tennessee
addressing the impact of new domestic violence legisla- Professor Alistair Newbern runs the Vanderbilt Law School
tion. LAET attorney Jane Morris reports: Appellate Litigation Clinic, in which third-year law stu-
The appeal that Lewis [volunteered for] concerns dents practice before appellate courts on behalf of clients
a $2,500 bond that the legislature decided last year who could not otherwise afford representation. Newbern is
to impose in every domestic violence case where chair of the Appellate Pro Bono Program and also serves on
there is a violation of the Order of Protection. This the TBA’s Access to Justice Committee.
SAVE THE DATE
Equal Justice University 2011
T
he Tennessee Alliance for Legal services and working. The EJU experience not only renews the
the Tennessee Bar Association invite you to civil legal service community’s commitment to equal
SAVE THE DATE for this year’s Equal Justice access to justice in Tennessee, it also introduces new
University (EJU) — Class of 2011, Oct. 12-14, at Paris pro bono lawyers and community advocates to this
Landing State Park. important mission.
Equal Justice University is the annual gathering of Legal Services Corporation President James J.
approximately 200 lawyers, advocates, professionals, Sandman will address attendees on Wednesday,
and pro bono attorneys involved in providing civil October 12. I
legal assistance across Tennessee. EJU provides a
unique opportunity for this community to gain up to
15 hours of Continuing Legal Education credits Learn more about EJU and sponsorship opportunities by
through workshops, task force meetings, and net- visiting the TALS website or email Linnet Overton.
THE POWER OF PRO BONO
Celebrate Pro Bono 2011
B
uilding on the extraordinary success of the needs of 1159 Tennesseans.
second annual National Pro Bono Celebration In addition, three free CLE programs provided
in 2010, the ABA Standing Committee on Pro training to 115 lawyers who have agreed to provide
Bono and Public Service is sponsoring the Celebration pro bono either through a clinic or by taking on pro
again this year. The Tennessee Bar Association bono cases!
will use the entire month of October to Are you planning a Celebration event
bring attention to the need for pro bono in your community this October? Let us
work and celebrate the thousands of know about it! The TBA will promote
hours that Tennessee lawyers already and publicize local Celebration
contribute to bringing access to jus- events via TBA Today throughout 7
tice to all Tennesseans. the entire month of October. Please
During last year’s celebration, contact Sarah Hayman at (615) 383-
volunteers from the TBA and its 7421 or shayman@tnbar.org to share
Young Lawyers Division, local bar details about your Celebration. I
groups, law schools and legal aid organ-
izations hosted 39 events where 452 vol-
unteers, including 291 lawyers and 161 For more information visit the national
non-lawyers (such as paralegals, law students, Celebration website http://www.probono.net/
social workers and interpreters) helped meet the legal celebrateprobono/
OnlineTNJustice.org: Utilizing Technology to Expand Pro
Bono Opportunities
By Erik Cole & Danny Van Horn
T
he plight of low-income Tennesseans with
unmet legal needs is well-documented. Any
lawyer who has worked with vulnerable com-
munities knows that minor legal issues can turn major
without legal advice or information. The statistics
show that nearly 70 percent of Tennesseans living in
poverty had a civil legal need in the past year. Legal
Aid and pro bono attorneys can help, but they are not
able to reach everyone in need, particularly those
living in rural areas. The economic crisis makes mat- Currently there are more than 250 attorneys regis-
ters worse as the number of people who need legal tered as volunteers and more than 100 registered
services continues to grow. Tennessee lawyers and legal client/users. Most posted questions pertain to family
aid programs are turning to technological innovation law issues, but volunteer attorneys are available to
to help meet this need. answer questions related to all civil legal problems
This spring the Tennessee Bar Association and the including disaster-related, fraud, and health care issues.
Tennessee Alliance for Legal Services launched Over the past two months, more than 150 questions
OnlineTNJustice.org to help meet low-income have been posted and answered. Most questions are
Tennesseans’ civil legal needs. Former TBA President answered within a day or just a couple hours.
Buck Lewis is credited with the vision for the project Volunteer attorneys are integral to the success of
as he was very involved in his local pro bono clinic, the project. They have shown enthusiastic support for
but realized the limitations of this traditional model. the website as an additional pro bono tool. They
Lewis convinced the IT department at his firm Baker, appreciate that the program is flexible with their work
Donelson, Bearman, Caldwell & Berkowitz to develop schedules and meets their practice interests. More
the website in consultation with leaders from the legal than 90 percent of participating attorneys report that
community. The firm worked with its Microsoft repre- they will use OnlineTNJustice.org to provide pro bono
sentative to secure a grant to cover the cost of software services in the future and will recommend this program
and licensing for the website; in May 2010, the firm to colleagues. One volunteer attorney praised the web-
received a perpetual annual grant from Microsoft site’s special features, such as the ability to subscribe to
(valued at $67,299). Also, thanks to Lewis’ leadership, substantive law areas, but emphasized, “I like knowing
the state Supreme Court and its Access to Justice that there is a place folks can ask a legal question.”
Commission lent their support to the program by Though it is still in its infancy, OnlineTNJustice.org
including it in the commission’s first strategic plan is already making an impact on peoples’ lives. The satis-
released in July 2010. faction surveys show that more than 87 percent of
The concept of OnlineTNJustice.org is a web-based client/users found the website easy to understand and
pro bono clinic for low-income Tennesseans who will share this resources with others. “God bless you!”
might otherwise fall through the cracks of receiving one website user raved, “Thank you so much for the
legal assistance. Using a web-based email platform, advice! This service is a vital asset to our community!” I
qualifying users can post questions about their civil
legal needs and receive basic legal information and
8 advice from attorneys. The website is easy-to-use, Erik Cole is the executive director of the Tennessee
requires minimal commitment, and is convenient for Alliance for Legal Services as well a member of the
both volunteer attorneys and low-income client/users. Nashville Metro Council representing District 7. Danny
The goal of this project is twofold: to increase access to Van Horn is president of the Tennessee Bar Association
justice for low-income Tennesseans, particularly in and serves as the commercial litigation practice group
rural areas and to remove barriers to attorneys pro- leader for Butler, Snow, O’Mara, Stevens and Cannada
viding pro bono services. in Memphis.
Access to Justice Commission Update
By Anne-Louise Wirthlin
T
he Access to Justice Commission and its advi- 31 mediators on the pro bono requirement and make it
sory committees have had a very productive six easier for Rule 31 mediators to conduct pro bono medi-
months. The year began with the Pro Bono ations. The recommendations were forwarded to the
Summit sponsored by the Supreme Court and the Alternative Dispute Resolution Commission for its
Commission. Despite the snow and ice brought on by a review at its July meeting.
winter storm, more than 150 lawyers, librarians, com- Spurred on by the momentum of a break out session
munity leaders, and social service providers participated on pro bono in rural areas at the Pro Bono Summit, the
in the Summit. The event was a tremendous success Technology Committee is reviewing proposals for pilot
and energized the legal community to strive to increase projects designed to connect attorneys with those in
pro bono legal services in 2011. need of pro bono legal services in rural areas. The AOC
As a result of the Summit, the Commission received has formed an Interpreter Work Group as a result of the
numerous requests from participants to be added to work of the Technology Committee and the Disability
advisory committees. All of these volunteers were and Language Barriers Committee. This group is com-
included in committee meetings and have greatly prised of court clerks, court interpreters, judges, and
helped the Commission strive to complete its goals. attorneys and will examine ways to use remote inter-
Since the Summit, the advisory committees and sub- preting to meet the need of limited English proficiency
committees have accomplished a great deal. litigants and ensure the quality of interpreters.
The Pro Bono Committee, in conjunction with the The AOC coordinated a presentation at the June
TBA Access to Justice Committee, finalized and sub- Tennessee Judicial Conference on how judges can assist
mitted proposed changes to the Rules of Civil pro se litigants. The panel discussion featured Chief
Procedure to permit limited scope representation and Justice Cornelia Clark, Judge Don Ash, Chancellor
provide attorneys with guidance on how to offer unbun- James Butler and Margaret Behm, chair of the ATJ
dled legal services. The proposed rules will be presented Commission. The AOC also sponsored presentations at
to the Rules Commission in Aug. 2011. The Pro Bono the May and June State Court Clerks Association
Committee will submit proposed revisions of the pro Conferences on access to justice issues, specifically the
bono reporting form contained in the annual attorney Guidelines for Tennessee Court Clerks Who Assist Self-
renewal statement to the Commission at its next Represented Persons. The chair of the Commission
meeting with the goal of streamlining the reporting opened the May presentation while I participated in the
process and encouraging more attorneys to report their June presentation. The Commission continues to reach
pro bono work. This Committee will also submit reports out to and support the judiciary and the court clerks as
on modest means initiatives around the country and a these groups are on the “front line” and have a wealth of
pro bono mediation proposal. experience and knowledge in working with individuals
The Pro Se/Forms Committee is working on three who cannot afford legal assistance.
on-going projects, all designed to make the court system The Commission continues to encourage and sup-
more user friendly. The first project, which will wrap up port OnlineTNJustice, the joint project between TALS
this summer, is the plain language divorce forms when and the TBA. The Commission is excited that the
there are no minor children involved. A subcommittee launch of the website designed to permit attorneys to
is reviewing the public comments to these forms and provided limited legal advice via email was successful
will make a formal recommendation to the Court as to and the website has been positively received by mem-
whether to incorporate the comments. The second bers of the bar.
project this group is working on is the review of the While a great amount of work has been accom-
plain language version of the Parenting Plan for legal plished in 2011, there is still much more to be done. 9
sufficiency and readability. The third project is a Pro Se The Commission will begin to wind down its 2010
Benchbook for general sessions judges. The subcom- Strategic Plan and begin working on a new Strategic
mittee leading this project will have a working draft Plan to present to the Court in 2012. As always, the
available for the Committee to review in the upcoming Commission welcomes your participation and any
months. Future projects that this Committee will tackle thoughts or suggestions members of the bar have on
are plain language civil forms and a review of plain lan- access to justice issues. I
guage instructions to the Child Support Worksheet.
At its April meeting, the Commission approved rec-
ommendations from the Education/Public Awareness Anne-Louise Wirthlin is access to justice coordinator for the
Committee designed to educate Supreme Court Rule Administrative Office of the Courts.
Community Health Systems Attorneys Provide Free Legal
Help to Williamson Countians
By Erin Gagnon
B
y day they deal with tive vice president and general
multi-million dollar deals. counsel — and one of the six
By night they help low- CHS attorneys who staff the
income people deal with their free clinics.
legal problems. They are the Since the program began,
superhero lawyers of Franklin- 163 Williamson Countians have
based Community Health received free legal advice and
Systems Professional Services counsel, according to Lucinda
Corporation — helping low- Smith, director of the Nashville
income Williamson Countians Pro Bono Program. Typical legal
leap over tall legal problems at problems include employment
no charge. disputes, housing issues and
And you can catch a glimpse broken contracts, she added.
of their superpowers in action Seifert said the program grew
the first Tuesday of the month out of attorney Justin Pitt’s need
at the Williamson County to leave a meeting promptly at
Public Library, 1314 Columbia the scheduled end time.
Avenue, when they hold a free “I asked Justin where he was
legal clinic from 6 to 8 p.m. going and he said to work on a
The monthly clinics, which pro bono project he had begun
began in January, offer free legal Rachel Seifert, executive vice president and general while working at Bass, Berry &
advice to any resident of counsel of Community Health Systems. Sims, his former law firm, which
Williamson County. They are has a very active pro bono pro-
staffed by CHS attorneys in partnership with the gram. I was impressed by his dedication and it brought
Williamson County Bar Association and Nashville Pro back memories of the pro bono work I undertook while
Bono Program. Four attorneys, at least one of whom working at a law firm earlier in my career,” she said. “It
has litigation experience, staff the clinic each month. also made me realize that lawyers don’t need to work at
“This program gives our attorneys a chance to give a law firm to do pro bono work, and that it would be a
back to the community in a way that directly helps unique way to give back to the community by actually
people, which is wonderful. We’re grateful to the providing the services needed. So we contacted the
Nashville Pro Bono Program for this opportunity to Nashville Pro Bono program and asked them to put us
help assure that access to justice is available to to work. This monthly free clinic was their suggestion.
everyone, not just those who can afford it. I believe it’s It’s been a great experience for everyone.” I
been as rewarding for us as it has for the people who
have come to the clinics,” said Rachel Seifert, execu-
10
Calendar
AUGUST 15
Nominations due for TBA Public Service Awards
OCTOBER 12-14
TALS Equal Justice University, Paris Landing State Park
JANUARY 14
Tennessee Bar Association’s Public Service Luncheon, Nashville
MARCH 24
Sixth Annual Corporate Counsel Pro Bono Initiative Gala,
The Hermitage Hotel, Nashville
To have your event listed in an upcoming newsletter, contact Sarah
Hayman at (615) 383-7421 or shayman@tnbar.org
Answering the Call
By Jeffrey C. Smith
H
ealth insurance policies after page upon page of
can sometimes be the bane TennCare regulations — the
of plainly written English. antithesis of straightforward
Couple that with the bureaucracy writing. And of course, there
of insurance adjusters and ordinary is the fact that emotions are
people may find it quite challenging at play when a mother
to decipher the reason behind a receives written notice her
benefits determination or to wend son or daughter will no
their way through the administra- longer be receiving care that
tive appeals process. How many of had previously been approved
us have been called by family mem- by TennCare.
bers to help them understand “what When TennCare benefits
is going on here?” get cut, who answers the call of
If you have, then you know how needy families in Tennessee
complex it can be to answer the who want to know “what is
question of what services are cov- going on here?” The Tennessee
ered with any degree of certainty. Justice Center and a host of
One provision says a service is cov- volunteer pro bono attorneys
ered, but an exclusion later in the do. But with the state’s
policy says it is not covered under mounting budget pressures, the
certain circumstances. need for help will continue to
For those receiving health care benefits through grow. The work is richly rewarding; the families univer-
TennCare, that complexity is magnified by layers of sally appreciative. You don’t have to be a TennCare
byzantine statutes, rules, regulations and case law. Not expert to help these families in need. They are just
only will an enrollee be confronted by assorted happy to have someone answer the call who is willing to
TennCare specific regulations, an administrative work on their behalf to find out “what is going on here.”
appeal of a TennCare benefits decision is governed by For more information about the Tennessee Justice
the Uniform Administrative Procedures Act and a Center, its client services, and free pro bono CLE train-
number of consent decrees. ings, the center’s website, http://www.tnjustice.org or
It is not difficult to see how families on TennCare call 615-255-0331 to speak with Chris Coleman. I
can be overwhelmed by the administrative appeals
process. The notices of benefits denial are filled by
block quote after block quote of TennCare regula- Jeff Smith is a lawyer with Adams & Reese in Memphis and
tions upon which the denial of benefits is based. serves as partner in charge. Smith was recently selected as
Though the letter seems intended to communicate TJC’s Pro Bono Attorney of the Year.
to enrollees in simple language, eyes often glaze over
Submit a Nomination for the TBA Public Service Awards
11
E
ach year the Tennessee Bar Association recog- demonstrated dedication to the development and
nizes outstanding service by attorneys who have delivery of legal services to the poor. The Law Student
donated their time to help others. The three Volunteer Award recognizes a Tennessee law school
awards given are the Ashley T. Wiltshire Public student who provides outstanding volunteer services
Service Attorney of the Year, the Harris Gilbert Pro while working with an organization that provides legal
Bono Volunteer of the Year Award and the Law representation to the indigent.
Student Volunteer Award. Award nominations are due by Monday, August
The Ashley T. Wiltshire Public Service Attorney of 15. For more information and to submit a nomination,
the Year Award is given to an attorney for representa- visit http://www.tba.org/committees/AccesstoJustice/
tion above and beyond the call of duty of an indigent atjawards.html.
client in either criminal or civil defense. The Harris Award winners will be honored at the Tennessee
Gilbert Pro Bono Volunteer of the Year Award recog- Bar Association’s Public Service Luncheon on
nizes private attorneys who have contributed signifi- Saturday, January 14, in Nashville. I
cant amounts of pro bono work and have
Ready to Volunteer?
WEST TENNESSEE Southeast Tennessee Legal Services
Community Legal Center 29 Patten Parkway
910 Vance Avenue Chattanooga, TN 37402
Memphis, TN 38126 (423) 756-0128
(901) 543-3395 www.selegal.org
www.clcmemphis.com/volunteerapp.html
STATEWIDE
Memphis Area Legal Services Volunteer Lawyers and Professionals for the Arts
109 North Main Street, Suite 200 211 Commerce Street, Suite 100
Memphis, TN 38103 Nashville, TN 37201
(901) 523-8822 (615) 743-3055
www.malsi.org/volunteer.php vlpa@ABCNashville.org
West Tennessee Legal Services Tennessee Justice Center
P.O. Box 2066 Chris Coleman, Staff Attorney
Jackson, TN 38302 301 Charlotte Avenue
(731) 423-0616 Nashville, TN 37201
www.wtls.org (615) 255-0331
ccoleman@tnjustice.org
MIDDLE TENNESSEE
Legal Aid Society of Middle Tennessee ACLU of Tennessee
& the Cumberlands P.O. Box 120160
300 Deadrick Street Nashville, TN 37212
Nashville, TN 37201 (615) 320-7142
(800) 238-1443 www.aclu-tn.org/cooperatingattorney.htm
www.las.org/about/get_involved/volunteer
Disability Law & Advocacy Center of Tennessee
EAST TENNESSEE Martha M. Lafferty, Managing Attorney
Legal Aid Society of East Tennessee 2416 21st Avenue South, Suite 100
Charlie McDaniel, pro bono director Nashville, TN 37212
744 McCallie Avenue, Suite 410 (615) 298-1080 ext. 128
Chattanooga, TN 37403 marthaL@dlactn.org
(423) 756-4013
Southern Migrant Legal Services
cmcdaniel@laet.org
A Project of Texas RioGrande Legal Aid Inc.
Legal Aid Society of East Tennessee Melody Fowler-Green, Branch Manager
Terry Woods, pro bono director 311 Plus Park Blvd., Ste. 135
502 South Gay Street, Suite 404 Nashville, TN 37217
Knoxville TN 37902 (615) 750-1200
(865) 637-0484 mfgreen@trla.org
twoods@laet.org
Tennessee Justice for Our Neighbors
Legal Aid Society of East Tennessee Katherine D. Esquivel, Director
P.O. Box 360 2007 Acklen Ave.
311 W. Walnut Street, Suite 100 Nashville, TN 37212
Johnson City TN 37604 (615) 823-1945
12 (423) 928-8311 katherine-tnjfon@comcast.net
