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TCL > November 2013 Issue > CBA Modest Means Task Force 2013 Report

November 2013       Vol. 42, No. 11       Page  103
Departments
Access to Justice

CBA Modest Means Task Force 2013 Report
by Daniel M. Taubman, John S. Zakhem

About the Authors

Daniel M. Taubman is a judge on the Colorado Court of Appeals. He has been on the bench since 1993—daniel.taubman@judicial.state.co.us. John S. Zakhem is President of Zakhem Law, LLC, a Denver law firm emphasizing, among other areas, Denver business law, estate planning, election and governmental law, and real estate law—jzakhem@zakhemlaw.com. The authors are co-chairs of the CBA Modest Means Task Force.


In 2012, the Colorado Bar Association (CBA) established a Modest Means Task Force1 (Task Force) to develop tools to assist lawyers in creating a successful and financially viable practice that incorporates representation of moderate income people. This report (1) describes the disconnect in the legal profession today—both in Colorado and nationally—that makes it difficult for many potential clients of modest means to hire a lawyer; and (2) provides recommendations for assisting lawyers interested in representing such clients.

Overview of Task Force Recommendations

While thousands of modest means individuals have been unable to afford a lawyer, many lawyers, especially recent law school graduates, have been unemployed because of the economic downturn, the outsourcing of legal work to other countries, and the increased willingness and ability of individuals to obtain legal information on the Internet. Although access to justice efforts in Colorado and nationally have focused on increasing access to justice for the poor, the Task Force believes access to justice efforts should be expanded to include measures to make our judicial system more accessible to those of modest means. The Task Force has considered and learned from other efforts to provide affordable care to modest means clients, including group and prepaid legal services, modest means components of pro bono programs, and law school incubator projects.

Drawing on this research and the experience of Task Force members, a comprehensive set of recommendations was formulated to assist lawyers who incorporate into their law practice the representation of modest means clients. The result includes:

1) providing a comprehensive tool kit, available in hard copy and online, to help lawyers establish a practice that includes representation of modest means clients,2 which will be distributed to bar associations across the country;

2) distributing modest means business planning software to enable lawyers to determine what hourly rates they need to develop a successful practice;

3) developing a component of the Colorado Attorney Mentoring Program (CAMP) for lawyers representing modest means clients;

4) presenting, in conjunction with CLE in Colorado, an annual training program on modest means representation;

5) developing a lawyer information database through the statewide offices of self-represented litigant coordinators, to provide lists of lawyers willing to represent modest means clients;

6) establishing a listserv for modest means lawyers throughout Colorado; and

7) presenting the tool kit and other ways to provide modest means representation to bar associations and other groups.

As it continues its work, the Task Force plans to add representatives from Colorado’s two law schools—University of Colorado Law School (Colorado Law) and University of Denver Sturm College of Law (Denver Law). This will enable the Task Force to better address issues such as law school incubator programs, law school curricula, and loan repayment options for modest means lawyers.

Identifying and Addressing the Problem

During the past fifteen years, there has been a substantial focus throughout the country on increasing access to justice in civil cases. Access to justice commissions in many states have focused on the "justice gap"3 resulting from a large number of poor people who are unable to obtain the services of a legal services or pro bono attorney to help them resolve their legal problems. These access to justice efforts, however, have seldom focused on those of modest means.

To address the disconnect between lawyers seeking jobs and the large number of potential clients unable to afford lawyers, and at the same time to expand the concept of access to justice to include those of modest means, the CBA established the Task Force in August 2012, under the leadership of President Mark Fogg. The goal of the Task Force was to propose practical solutions to address the disconnect and, essentially, to present a plan to enable lawyers to profitably provide affordable legal services to clients of modest means or middle incomes.

Task Force members include private attorneys with experience in representing modest means clients, lawyers and a judge active in the access to justice community, attorney regulation counsel, a law practice management specialist, and bar association staff. The efforts of the Task Force have been assisted by a grant from the American Bar Association (ABA) Fund for Justice and Education, as part of the ABA Access to Justice Commission Expansion Project.

It is worth noting that the phrase "modest means" is not defined in Colo. RPC 6.1 or elsewhere. The Task Force also has not defined the phrase; instead, it decided that, generally, persons of modest means are those whose income make them ineligible for free legal services (125% of the federal poverty level). It also is worth noting that many poor people are poor only for a brief period. "Half of those in poverty in any given year will be there for only one year, and three quarters will experience a spell of fewer than four years."4 Thus, many who are poor today will become persons of modest means within the next few years.

National Perspective

Laurel A. Rigertas noted in a recent article in The Journal of the Professional Lawyer:

It is somewhat ironic that although there are an increasing number of people with unmet legal needs, there are also an increasing number of lawyers looking for work. It is a clear market distortion when there is a large demand and a large supply that cannot meet up because the rates that lawyers charge (frequently to meet their law school debt) are unaffordable to those who need the services.5

According to Rigertas, "For low and middle income Americans, the cost of obtaining legal assistance in the marketplace has become increasingly prohibitive."6 She noted that nationally, household income has decreased 5% since 1999. While income has gone down, lawyers’ average billing rates increased 7.7% in 2007 from the previous year, 4.3% in 2008, and 2.5% in 2009. In 2009, the national average hourly billing rate for senior partners was $357 and for mid-level associates it was $219.7

The Plight of Law School Graduates

Because of the economic downturn and related factors, law school graduates have found it increasingly difficult to obtain satisfactory legal employment. According to a 2012 New York Times article by Lincoln Caplan: (1) "Only 55% of 43,735 graduates in 2011 had a law related job nine months after graduation"; (2) in 2009, twice as many people passed bar exams as there were legal openings; and (3) there is a tremendous need for lawyers to serve the poor and middle class, "but scant dollars to pay them."8

Similarly, according to the National Association for Law Placement, while the overall employment rate nine months after graduation for 2011 law school graduates was 85.6%, only 65.4% were in jobs requiring bar passage, the lowest percentage the organization had ever measured.9 Significantly, only 60% were working full-time as lawyers in jobs that required bar passage. Additionally, the percentage of employed graduates in private practice is near a record low, down to 49.5%.10

According to Caplan’s New York Times article, the reduced hiring by law firms was attributable not only to the recession, but also to outsourcing of legal jobs to places like India, and to greater efficiencies resulting from technology.11 Still another article noted that 2011 law school graduates were earning a median pay of $60,000, a 5% drop from 2010 and a 17% drop since 2009.12 According to the CBA’s 2012 Economic Survey Snapshot, the median income for attorneys with fewer than five years of practice was $62,500, ranging from $38,000 for law clerks to $115,000 for associates in firms with thirty or more partners.13 Other median incomes in this category were $48,000 for sole practitioners with an office outside the home, $62,000 for space sharers, and $75,000 for associates in firms with eight to twenty-nine partners.14

Another article noted that 43% of prelaw students in a recent survey said they planned to use their law degree to pursue a job in the business world.15 The current job market was a factor in the decision of these prelaw students.16

Affordability of Representation

A series of recent New York Times articles by Ethan Bronner focused on the unaffordability of lawyers for low-income and middle-income Americans. Highlighting the fiftieth anniversary of the U.S. Supreme Court decision in Gideon v. Wainwright17 (those accused of a crime have a constitutional right to a lawyer whether or not they can afford one), one article noted that civil matters, including issues like home foreclosure, job loss, spousal abuse, and parental custody, are not covered by Gideon.18 As a result, "Even at a time when many law school graduates are without work, many Americans are without lawyers."19 According to the author, the belief that there is a glut of lawyers is mistaken.20 A law professor at New York University was quoted as saying:

What we have is a miserable fit. In many areas like family and housing law, there is simply no private bar to go to. You couldn’t find a lawyer to help you even if you had the money because there isn’t a dime to be made in those cases.21

In another New York Times article, the same author spoke of "two acute—and seemingly contradictory problems: heavily indebted law graduates with no clients and a vast number of Americans unable to afford a lawyer."22 The article also quoted ABA President James R. Silkenat of New York as saying:

We have these two issues running in opposite directions. There are unmet legal needs because of money and geography that seem to be growing, and the question of how to make use of unemployed recent graduates.23

To address this issue, Silkenat has established a Legal Access Job Corps as one of the top initiatives of his presidential term.

A third Bronner article quoted Paula Littlewood, the executive director of the Washington State Bar Association, as saying: "The consuming public cannot afford lawyers, and the profession needs to figure that out and own it."24 Still another article, this one originating from the West Coast, quoted a law school dean about the need for law schools to play a greater role in addressing "the critical unmet legal needs of many Americans."25 According to Ian Winestein, Associate Dean for Clinical and Experiential Programs at Fordham University School of Law in New York City, "It is so difficult to find a lawyer for a family law problem, housing law issue, or the many other legal problems that can loom so large for so many."26 Winestein stressed the importance of training lawyers to build successful small firm and solo practices.27

Access to Justice

The idea of expanding access to justice initiatives to include representation of modest means Americans is not entirely new, but it is attracting renewed and increasing interest. The ABA’s Resource Center for Access to Justice Initiatives coordinates the efforts of some forty-five access to justice commissions and similar entities around the country.28 These commissions comprise judges, bar leaders, and legal services providers who are charged with "expanding access to civil justice at all levels for low income and disadvantaged people in the state by assessing their civil legal needs, developing strategies to meet them, and evaluating progress."29 A commission’s charge also may include "expanding access for moderate income people."30

The Colorado Access to Justice Commission began in 2003. Its mission is quite broad:

to develop, coordinate, and implement policy initiatives to expand access to and enhance the quality of justice in civil legal matters for persons who encounter barriers in gaining access to Colorado’s civil justice system.31

Although the breadth of this mission could encompass efforts to expand access to justice to persons of modest means, in practice, the commission’s efforts have focused on increasing access to justice for low-income Coloradans.

Expanding access to justice to include representation of modest means clients is one way to further the goal of achieving "equal justice under law." Task Force member James Garts wrote in a recent article, "A practice that incorporates moderate income clientele is valuable and important to the profession."32 According to Garts, access to justice is promoted when a lawyer helps a struggling pro se party to whom the legal system seems overwhelming; in that situation, the lawyer "wears a badge of glory."33

Providing increased access to justice for modest means clients is consistent with the Colorado Rules of Professional Conduct (Rules). The Preamble to the Rules notes that

a lawyer should be mindful of the deficiencies in the administration of justice and the fact that the poor, and sometimes persons who are not poor, cannot afford adequate legal assistance. Therefore, all lawyers should devote professional time and resources and be a civic influence to ensure equal access to our system of justice for all those who because of economic or social barriers cannot afford or secure adequate legal counsel.34

Additionally, Colo. RPC 6.1(b)(2) states that lawyers should provide additional legal or public services through "delivery of legal services at a substantially reduced fee to persons of limited means." Thus, while Rule 6.1 establishes an aspirational standard of fifty hours annually of pro bono services, a substantial majority of which should be provided without fee to poor people or organizations acting on behalf of the poor, the rule recognizes that the second tier of pro bono service may be satisfied by providing reduced-fee representation to people of limited means.

Creating Affordable Legal Services

The notion of extending access to justice to people of modest means previously may have been given little attention. However, access to justice commissions, the Rules, and lawyers themselves are increasingly recognizing the need to provide access to justice for those of modest means. Four alternatives have arisen as ways to make legal services available to modest means clients: (1) group and prepaid legal services plans; (2) bar-sponsored modest means or pro bono programs; (3) law school incubator projects; and (4) stand-alone efforts by attorneys to focus their practice on clients of modest means. These innovative alternatives, discussed below, have provided significant benefits to moderate income clients. However, to date, the reach of these programs has been somewhat limited.

Group and Prepaid Legal Services Plans

The implementation of group legal services and prepaid legal insurance plans began in the 1960s. In her article on prepaid and group legal services, Judith L. Maute stated that between 25% and 40% of Americans have some coverage through a legal services plan.35 According to Maute, "To the extent that consumer clients can be matched with lawyers who provide competent legal advice on routine matters at an affordable price, everyone benefits."36

The ABA sponsored a conference in Denver in 2011 for providers of group and prepaid legal services that focused on expanding access to justice. Even so, lawyers involved in this area have served infrequently on state access to justice commissions.

Bar-Sponsored Modest Means or Pro Bono Programs

Some state and local bar associations operate either modest means programs or referral services, by which modest means clients are provided the names of attorneys who are willing to charge a reduced fee in certain areas of practice. For example, the Oregon State Bar Modest Means Program runs a lawyer referral service under which attorneys agree to charge no more than $35 for an initial thirty-minute consultation.37 Attorney fees, in turn, correspond with three eligibility tiers based on a client’s income, and fees are currently set at $60, $80, and $100 per hour.38 Under this program, participating attorneys must pay an annual registration fee, either for a particular jurisdiction or statewide, and must agree to pay the lawyer referral service a 12% remittance on each matter on which the attorney earns and collects a fee.39

In the state of Washington, law students conduct intake for the state’s modest means program. Although the Washington State Bar Association does not set, monitor, or enforce fee structures, it suggests that participating lawyers reduce their fees substantially, depending on a client’s income.40 Thus, for client income between 200% and 250% of the federal poverty level, fees are reduced by 75%; for clients whose income is between 250% and 300% of the federal poverty level, the recommended fee reduction is 50%; and for clients whose income is between 350% and 400% of the federal poverty level, the recommended fee reduction is 25%.41 Wisconsin42 and Utah43 operate similar modest means referral programs.

Similarly, in Colorado, some local bar associations have modest means components to their pro bono programs. For example, the El Paso County Pro Bono Program has a modest means component. Under that program, eligible clients are those who do not qualify for legal services for the poor, but cannot afford traditional legal fees.44 Lawyers agree to charge no more than $125 per hour and no more than $40 for initial consultations, and require retainers of no more than $750.45

Like prepaid and group legal services programs, these modest means referral programs are beneficial. However, they may be limited in scope.

Law School Incubator Projects

In recent years, more law schools have established law firm incubator and residency programs. According to the ABA, these programs "are emerging as models that enable newly admitted lawyers to acquire the range of skills necessary to launch successful practices."46 Describing the growth in law school incubator programs, a recent New York Times article noted that Arizona State University is establishing a nonprofit law firm that, over the next few years, will employ thirty law school graduates who will work with experienced lawyers and be paid for a wide range of services.47 This program is expected to cost $5 million a year to run, and the hope is that it will be self-sufficient in a couple of years by charging for its services and obtaining donations.48 The program creators hope its lawyers will charge $125 an hour in an area where the going hourly rate is twice that.49

Another example is California Western School of Law, which started an access to law initiative in 2012. Eight attorneys who operate their own practices are placed in an office in downtown San Diego.50 In exchange, each lawyer pledges to supply at least 100 hours per year of pro bono services, public service, and "sliding scale fee" legal service.51 Similarly, Professor Luz Herrera at Thomas Jefferson School of Law in San Diego last year established the Center for Solo Practitioners, a twelve- to eighteen-month program to support new solo practitioners and encourage them to represent traditionally underserved populations.52 That program is small in scope.

Denver Law has established an incubator program. It currently focuses more on providing training experiences for new lawyers than encouraging them to represent modest means clients; however, that purpose may change.

Other Alternatives

Some private attorneys have chosen to focus their practice on representing modest means clients. For example, in Bridgeport, Connecticut, two lawyers recently established such a law firm. According to founding partner Darren Pruslow, "Most people in Connecticut are not getting representation. People shouldn’t have to go pro se because they don’t have the means. . . . A lot of people who are working class can’t afford large retainers."53 Accordingly, the law firm is hoping to attract working class clients using lower rates and relaxed payment plans.54 According to Brian Young, an attorney with a similar practice in Trumbull, Connecticut, "The idea is that people need different approaches to legal services; they need to be able to finance their legal services. Every one of the clients I’ve gotten on a low bono referral [is] paying me."55 Young stated that he charges a retainer of $300 to $400 and charges about $60 an hour for his low bono clients.56 Many of Young’s low bono clients are in family law cases.57

"When you get ten, twelve, twenty clients all paying $200 a month, it allows you to . . . keep the lights on, the secretary paid, legal research [provider] paid," Young stated.58 "You can then serve a group of citizens wholly unrepresented in the system."59

Similarly, the lawyer members of the Task Force have focused at least part of their practice on representation of modest means clients. Their experiences will be discussed below as part of the Task Force’s recommendations.

The Colorado Solution

Drawing on the alternative solutions discussed in this report, as well as on the experience of the members of the Task Force, the Task Force has prepared materials and recommends measures to enable new and experienced lawyers to provide competent representation to modest means clients and simultaneously maintain a financially viable practice. The Task Force’s goal is that lawyers representing modest means clients will use as many of these resources as possible to effectuate and implement a modest means practice. Nevertheless, lawyers may choose which resources they wish to use.

Following are the principal components of the Task Force’s resources for attorneys who are considering or who may add representation of modest means clients into their law practice. Some of these resources already may be available; others may be in the planning stages.

• A comprehensive tool kit, Successful Business Planning: Representing the Moderate Income Client, has been made available to lawyers wishing to represent modest means clients, ranging from a small percentage to the entirety of their practice. CBA members can access a free copy of the tool kit through the CBA website or may purchase a hard copy. Non-CBA members may purchase either a hard copy or online copy.

• Modest means budgeting software, specially designed for lawyers intending to represent modest means clients, is included with the tool kit.

• A component of CAMP60 will focus on modest means representation.

• Annual continuing legal education seminars regarding modest means representation will be held.

• A statewide lawyer information database, administered through judicial district self-represented litigant coordinators, will inform potential clients of the availability of lawyers willing to provide modest means representation.

• Presentations will be held throughout the state on modest means representation.

• A listserv will be created so that modest means lawyers can exchange information, ideas, and advice.

The Task Force will continue to develop modest means resources. Specifically, representatives of Colorado Law and Denver Law have been invited to join the Task Force, which will enable the Task Force to consider recommendations regarding law school incubators, law school curricula, and loan repayment programs for those representing modest means clients.

Here is more detailed information regarding the components of the Task Force’s report.

> Tool Kit. The Task Force divided into subgroups in the areas of client screening, ethics, finances, competence, office space, staffing, unbundling, technology, and avoiding malpractice. In each area, the Task Force developed materials, so that each section of the tool kit includes an overview, a list of practical tips, a list of relevant websites, a list of pertinent library books in the CBA library, a comprehensive list of articles, and sample letters or other documents.

In addition to its availability to members, the tool kit will be shared with bar associations around the country. The Task Force believes that this tool kit will provide a ready and practical resource for lawyers wishing to represent modest means clients.

The tool kit includes many useful recommendations from lawyers on the Task Force whose practice includes representation of modest means clients. For example, the tool kit includes suggestions for minimizing expenses for staffing and office space. It also includes suggestions for maximizing investments of limited dollars for marketing or other advertising. In addition, it suggests ways attorneys can provide affordable representation, including limited scope representation (unbundling), use of lower attorney fees, and use of monthly "evergreen" fee payments that involve easily payable regular monthly amounts by modest means clients.

The Task Force, through the tool kit, encourages increased use of unbundling, in accord with the ABA’s February 2013 resolution encouraging lawyers "to consider limiting the scope of their representation, including the unbundling of legal services as a means of increasing access to legal services."61 The tool kit will be updated and supplemented as needed.

> Modest Means Business Planning Software. This software, included in the tool kit, is specially designed for representation of modest means clients, and allows lawyers to determine their hourly rates based on their current expenses and projected annual income. In addition, the software allows lawyers to input a certain number of hours for which they would charge their regular hourly rate, a different number of hours for which they would charge a reduced hourly rate, and a specified number of hours for which they would provide pro bono service at no cost to the client.

> CAMP. The Task Force intends to work with CAMP representatives to establish a component of the program focused on modest means representation. It is anticipated that some of the mentors will be members of the Task Force, as well as lawyers who currently include modest means clients in their representation. However, mentors also could include lawyers wishing to mentor other lawyers interested in including modest means representation in their practice.

> Annual CLE Programs. The Task Force anticipates working with CLE in Colorado to present an annual training program for lawyers wishing to provide representation to modest means clients. A CLE seminar on modest means representation is scheduled for Wednesday, November 13, 2013. In August 2013, presentations on modest means representation were made at the annual Family Law Institute.

In 2012, before the Task Force even began meeting, CLE in Colorado sponsored a half-day program on modest means representation. Approximately fifty lawyers attended in person, and the program was live-streamed to other lawyers throughout the state of Colorado.

> Lawyer Information Database. The Task Force is working with the Colorado Supreme Court and the State Court Administrator’s Office to establish a list of attorneys in each judicial district who are willing to provide representation to modest means clients. The list will include the lawyer’s name, areas of practice, and ranges of fees. This will enable prospective clients to determine whether they can afford to hire the lawyer and whether the lawyer has expertise in the area in which they are seeking legal assistance. The lawyers interested in participating in the lawyer information database will be required to attend a brief orientation program (or an alternative) to ensure that they are prepared to provide affordable representation to modest means clients.

> Listserv. The CBA implemented a listserv to facilitate discussions among modest means lawyers. This will make it possible for lawyers throughout the state to exchange advice, information, and suggestions for best practices, including about billing matters, office space, staffing, or other matters, before trying an approach.62

Conclusion

The Task Force believes that the materials and recommendations referenced in this report will enable lawyers throughout the state to devote at least part of their practice to representing modest means clients. In doing so, lawyers—particularly recent law school graduates—will be able to develop a successful and financially viable law practice, including sufficient funds for payment of school loans.63 At the same time, these lawyers will help increase access to justice by providing affordable representation to individuals of modest means who are not able to pay high fees and retainers to obtain legal representation.

Notes

1. See the Appendix for a list of Colorado Bar Association (CBA) Modest Means Task Force members.

2 . Information about the tool kit, titled Successful Business Planning: Representing the Moderate Income Client, is available at www.cobar.org/index.cfm/ID/22688/DPWAJ/Representing-the-Moderate-Income-Client.

3. See Herrera, "Training Lawyer-Entrepreneurs," 89 Denver Univ. L.Rev. 887, 897 n.68 (2012), quoting "Documenting the Justice Gap in America," Legal Services Corp. 1 (Sept. 2009), www.lsc.gov/justicegap.pdf) ("The Legal Services Corporation (LSC) defines the Justice Gap as the ‘difference between the level of legal assistance available and the level that is necessary to meet the needs of low-income Americans.’").

4. Edelman, So Rich So Poor: Why It’s So Hard to End Poverty in America 30 (The New York Press, 2012).

5. Rigertas, "Stratification of the Legal Profession: A Debate in Need of a Public Forum," 79 J. of Prof. Law 91 n.57 (Sept. 4, 2011), available at papers.ssrn.com/sol3/papers.cfm?abstract_id=1922352.

6. Id. at 87-88.

7. Id. at 88.

8. Caplan, "An Existential Crisis for Law Schools," The New York Times SR10 (July 15, 2012).

9. Wise, "Only 65% of 2011 Law Grads Have Jobs Requiring Bar Passage, a Record Low," ABA Journal (June 7, 2012), available at www.abajournal.com/news/article/only_65_percent_of_2011_law_grads_have_
jobs_requiring_bar_passage_a_new_rec.

10. Id.; Wise, "Forget Law Practice. Half of Surveyed Prelaw Students Planned to Use Law Degree in Nontraditional Jobs," ABA Journal (April 15, 2013), available at www.abajournal.com/news/article/forget_law_practice._
half_of_surveyed_prelaw_students_plan_to_use_law_degre (stating that a recent ABA report found that only 56% of 2012 law school graduates had found full-time, long-term jobs that required bar passage).

11. Caplan, supra note 8.

12. Wise, "Sticky Wages Depress Associate Hiring; BigLaw on Track to Become ‘Older and Dumber,’" ABA Journal (July 17, 2012), available at www.abajournal.com/news/article/sticky_wages_
depress_associate_hiring_biglaw_on_track_to_become_older_and_d.

13. The CBA 2012 Economic Survey Snapshot 8 (on file with the authors).

14. Id.

15. Wise, supra note 10.

16. Id.

17. Gideon v. Wainwright, 372 U.S. 335 (1963).

18. Bronner, "Right to Lawyer Can Be Empty Promise for Poor," The New York Times A1 (March 16, 2013).

19. Id.

20. Id.

21. Id.

22. Bronner, "To Place Graduates, Law Schools Are Opening Firms," The New York Times A14 (March 8, 2013).

23. Id. See also Silkenat, “Connecting Supply and Demand,” 99 ABA J. 8 (Oct. 2013); Silkenat, “Starting with a Full Agenda,” 99 ABA J. 8 (Sept. 2013).

24. Bronner, "A Call for Drastic Changes in Educating New Lawyers," The New York Times A11 (Feb. 11, 2013).

25. "California Western Launches Program to Serve Community, Support New Attorneys," Alumni Connect (June 27, 2012), available at www.cwslalumni.com/site/apps/nlnet/content2.
aspx?c=pmL6KhNXLvH&b=3961963&ct=11928091.

26. Id.

27. Id.

28. See generally Resource Center for Access to Justice Initiatives: Division for Legal Services, available at www.americanbar.org/groups/legal_aid_indigent_defendants/
initiatives/resource_center_for_access_to_justice.html.

29. "Definition of Access to Justice Commission," ABA Resource Center for Access to Justice Initiatives (July 2011), available at goo.gl/T80l6.

30. Id.

31. See "Access to Justice Commission," CBA, available at www.cobar.org/index.cfm/ID/20129/DPWAJ/Access-to-Justice-Commission.

32. Garts, "Serving the Moderate Income Client, a Win–Win," 35 The Docket 11 (Jan. 2013).

33. Id.

34. Colo. RPC Preamble [6], available at www.cobar.org/index.cfm/ID/22119/CETH/Colorado-Rules-of-Professional-Conduct.

35. Maute, "Prepaid and Group Legal Services: Thirty Years After the Storm," 70 Fordham L.Rev. 915, 916 (2001).

36. Id.

37. Application for Oregon State Bar Modest Means Program, Oregon State Bar, available at www.osbar.org/_docs/public/diy/modestmeansapp.pdf.

38. Id.

39. "Changes for the Lawyer Referral Service," Oregon State Bar, available at www.osbar.org/ris/rischanges.html.

40. "Prospective Panel Attorneys," Washington State Bar Association, available at www.wsba.org/Legal-Community/Volunteer-Opportunities/Public-Service-Opportunities/Moderate-Means-Program/Prospective-
Panel-Attorneys.

41. Id.

42. "Modest Means," State Bar of Wisconsin, available at www.wisbar.org/forPublic/INeedaLawyer/Pages/Modest-Means.aspx.

43. "Modest Means Lawyer Referral Program," Utah State Bar, available at www.utahbar.org/members/lawyer-referral/modest-means.

44. "Modest Means Program," El Paso County Bar, available at www.elpasocountybar.org/legal-resources/modestmeans.

45. Id.

46. "Incubator/Residency Programs," ABA, available at www.americanbar.org/groups/delivery_legal_services/initiatives_awards/program_main.html (includes a directory of current and planned incubators and residencies, including profiles of the programs).

47. Bronner, "To Place Graduates, Law Schools Are Opening Firms," The New York Times A14 (March 8, 2013).

48. Id.

49. Id.

50. "California Western Launches Program to Serve Community, Support New Attorneys," California Western School of Law (June 27, 2012), available at www.cwslalumni.com/site/apps/nlnet/content2.aspx?c=pmL6KhNXLvH&b=3961963&ct=11928091.

51. Id.

52. "The Center for Solo Practitioners—A Lawyer Incubator Program," Thomas Jefferson School of Law (June 20, 2013), available at www.tjsl.edu/tjsl-alumni/incubator-program; Herrera, supra note 3 at 926-27.

53. Nolan, "‘Low Bono’ Endeavor Aims to Address Unmet Legal Needs," Law.com (May 22, 2013), available at www.law.com/jsp/article.jsp?id=1202601165759&Low_Bono_Endeavor_Aims_to_Address_Unmet_Legal_Needs.

54. Id.

55. Id.

56. Id.

57. Id.

58. Id.

59. Id.

60. Effective May 15, 2013, the Colorado Supreme Court promulgated CRCP 255, establishing the Colorado Attorney Mentoring Program (CAMP). CAMP is intended to foster relationships between new and experienced lawyers to, among other things, (1) assist the transition from law student to practitioner; (2) encourage mentees to adopt high standards for client representation; (3) help new lawyers develop practical skills and use best practices; and (4) encourage mentees to provide community service and engage in pro bono activities.

61. See Resolution 108, adopted by ABA House of Delegates, Feb. 11, 2013. See also Jennings and Greiner, "The Evolution of Unbundling in Litigation Matters: Three Case Studies and a Literature Review," 89 Denver Univ. L.Rev. 825 (2012) (discussing unbundling in Colorado and two other states).

62. Some Task Force members observed that a listserv or blog could prevent other lawyers from making the same mistakes they made.

63. See Jarvis, "Get a Grip on Your Student Loans," 35 The Docket 7 (Jan. 2013) (discussing multiple law school loan repayment options).


Appendix

Modest Means Task Force Committee Members

Claire Anderson Exec. Director, El Paso
County Bar Association
claire@elpasocountybar.org
John T. Baker Director, Colorado Attorney
Mentoring Program (CAMP)
j.baker@csc.state.co.us
Scott Baroway Solo Practitioner,
Baroway Law Firm
barowaylaw@msn.com
Sarah Clark Counsel to the Chief Justice,
Colorado Supreme Court
sarah.clark@judicial.state.co.us
Aaron Clay Partner, Clay & Dodson PC aaronclay@qwestoffice.net
Adam Espinosa Asst. Regulation Counsel,
Colorado Supreme Court
Attorney Regulation
a.espinosa@csc.state.co.us
 
Mark Fogg General Counsel,
COPIC Companies
mfogg@copic.com
James Garts III Associate Attorney,
Gutterman Griffiths PC
jgarts@ggfamilylaw.com
Nancy N. Lake Solo Practitioner,
Law Office of Nancy Lake
nancy.lake@nancylakelaw.com
Greg Martin Deputy Exec. Director, CBA gmartin@cobar.org
Carlos Migoya, Jr. Solo Practitioner,
The Migoya Law Firm LLC
carlos@migoyalaw.com
Sharon Mohr* Exec. Director,
Elder Justice Colorado
sharonemohr@elderjustice
colorado.org
Reba J. Nance Director, CBA Law
Practice Management
Department
reban@cobar.org
Rebekah Pfahler Project Coordinator, CBA rpfahler@colegalserv.org
Gerald D. Pratt Partner, Pratt & Landry LLP gpra@pralandrylaw.com
Chris Radeff Partner, Pelegrin Radeff
& Frazer-Abel PC
radeff@pelegrinradeff.com
Kathleen Schoen Director, CBA Access to
Justice Department
kschoen@cobar.org
Daniel Taubman Judge, Colorado
Court of Appeals
daniel.taubman@judicial.
state.co.us
Charles C. Turner Exec. Director, CBA cturner@cobar.org
William Walters III Of Counsel,
Heizer Paul Grueskin LLP
bwalters@hpgfirm.com
John Zakhem President,
Zakhem Law LLC
jzakhem@zakhemlaw.com
* resigned from Task Force effective March 12, 2013

 

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