by Nicole Farrell
The Litigation Section of the Utah State Bar and the Administrative Office of the Courts are launching a new program that they hope will help remedy two problems – underemployed attorneys and a heavily burdened state court system – that have worsened as a result of difficult economic times.
The temporary pilot program, “Attorney Volunteers in Court,” recruits underemployed attorneys to volunteer with the state courts. The program is designed to meet two goals. First, it seeks to help lawyers develop new skills and gain legal work experience until they can find permanent employment in the law. Second, the program will provide assistance to the court system, which has experienced reduced funding and an increased caseload in recent years. Attorneys may serve in justice courts, juvenile courts, district courts, and appellate courts. The Utah pilot program is being adapted from a similar program, which has had success in the state of New York.
“Underemployed attorneys – some who have just graduated from law school and others with years of experience – will have opportunities to improve their legal skills and professionalism while searching for work in the legal profession,” says Bar President Stephen W. Owens. “At the same time, the courts and the public will get talented legal assistance to help with their heavy workload.”
Types of Volunteer Opportunities
Attorneys can volunteer to provide one of three types of assistance in the Utah State Court System.
Chambers Volunteers
Attorneys will be assigned to particular judges or to a pool of judges working in a district (at the option of the judges). Volunteers will be supervised by the Trial Court Executive or Court Level Administrator for the judicial district or court level to which they are assigned, and their work product will be reviewed by the law clerk assigned to the same judges as the volunteer.
Public Assistance
Attorneys will be assigned to the Self-Help Center of the Utah State Law Library to serve in courthouses, answering questions and offering assistance in walk-in, clinical settings. Questions are expected to primarily focus on civil matters, including procedural issues, forms, the Online Court Assistance Program, housing, collections, juvenile and domestic issues. This will be similar to public assistance programs such as “Tuesday Night Bar,” provided by the Utah State Bar. The Self-Help Center Director will supervise volunteers.
Administrative Offices
Attorneys will be assigned to the Administrative Offices of the Courts to perform legal research. The District or Juvenile Court Administrator will supervise volunteers. The Capital Litigation Staff Attorney or the Juvenile Court Law Clerk will review work product.
Benefits of Volunteering
Volunteering will provide underemployed attorneys with the unique opportunity to gain work experience within the court system. Those who volunteer with the Public Assistance component of the program will also be providing a valuable public service by assisting individuals who cannot afford attorneys.
Through participation in the program, volunteer attorneys will also have the opportunity to cultivate contacts in the legal profession and develop writing, research, interpersonal, professionalism, and administrative skills in the court environment. Importantly, volunteer attorneys will be given the opportunity to gain experience that will assist them in securing employment in the future. This program is a perfect opportunity for talented but underemployed attorneys to sharpen their skills and develop professionally while they search for legal employment. This program is also ideal for those who are pursuing other activities and do not necessarily wish to have legal employment at this time, but who desire to stay connected to and maintain contacts within the legal profession. At the same time, the skills possessed by the volunteer attorneys will greatly assist the court system in responding to its increased workload during difficult economic times.
Volunteer Requirements
Volunteers must complete an online application. The application and instructions can be found at www.utahbar.org/courtvolunteers/. Volunteers should indicate on their applications the type of position they are seeking (Chambers, Administrative, or Public Assistance), areas of interest, and the geographical location in which they could provide assistance. Efforts will be made to match appropriate work with the volunteers’ interests.
Chambers and Administrative Offices volunteers will be expected to commit to at least twenty hours per week as volunteers. Public Assistance volunteers will be expected to commit to at least eight hours per week as volunteers. In most cases, volunteers can perform work on a schedule that is convenient to them. Volunteers will be expected to serve for at least three months. At the end of the three months, volunteers may ask to renew their term.
Volunteers must be members of the Utah Bar in good standing. This requires graduation from law school and passage of the Utah State Bar. Chambers and Administrative Offices volunteers need not be active members of the Bar, while Public Assistance volunteers do need to be active members. While serving as volunteers, attorneys cannot be engaged in the practice of law, or have any ongoing relationship with any type of legal employer.
Chambers and Administrative Office volunteers will be expected to demonstrate excellent writing skills, while Public Assistance volunteers will be required to have strong interpersonal skills. All volunteers must pass background checks.
In some instances, workspace will be provided. However, in other cases, volunteers will be required to provide their own computers and work from home or from a law library.
Volunteers must comply with special ethics rules applicable to volunteers, see Sup. Ct. R. of Prof’l Practice 6.1 and 6.5; Utah State Bar Ethics Op. 99-04 (June 30, 1999). Volunteers will also be required to comply with the personnel policies of the Utah State Courts. Each court or district may impose its own special conditions governing the work of the volunteers.
The Litigation Section hopes that attorneys will take advantage of this exceptional opportunity. “This pilot project is a mutually beneficial program that provides attorneys with a unique opportunity to assist the courts by lending their time and experience to the courts during very challenging budget times,” said Dan Becker, Utah State Court Administrator. “The program is expected to be a win-win scenario for everyone involved.”
For more information about the litigation section visit http://litigation.utahbar.org.