November 8 - 11, 2006
NLADA Annual Conference
Charlotte, NC

Online Registration

January 2007
Appellate Defender Training

March 10-13, 2007
Life in the Balance
Dallas, TX

March 22 – March 24, 2007
Equal Justice Conference
Denver, CO

May 2007
NDLI Defender Impact Leadership

July 16-21, 2007
Substantive Law Conference
San Jose, CA

On August 13, 2006, CBS Evening News ran a story about alleged waste of taxpayer funds by the Legal Services Corporation board and management. The story was followed on Monday, August 14 by an Associated Press article which ran in many media markets across the country.

August 8 will be remembered as the day that the American Bar Association (ABA) strongly recommitted itself to the principles of equal justice for all that stand as the bedrock of this country’s promise of democracy to each of its citizens. On that date, the ABA’s 532-person House of Delegates endorsed three resolutions aimed at improving the nation’s system of providing legal assistance to indigent and disadvantaged people. NLADA co-sponsored all three of the resolutions.

The three resolutions adopted were: 1) the revised Standards for the Provision of Civil Legal Aid, 2) a defined right to counsel in certain civil matters where basic human needs are at stake and 3) ten principles for a state system for the delivery of civil legal aid.  Fittingly, four outstanding bar leaders who have supported the legal aid movement for more than a quarter century handled these resolutions before the House. 

Three of these equal justice advocates, Mike Greco, Bill Whitehurst and Jon Ross, formed Bar Leaders for the Preservation of Legal Services to the Poor, an organization instrumental in moving the ABA to the forefront in the fight in the early 1980s to preserve LSC in light of efforts by the Reagan Administration, through the appointment of a generally hostile board, to secure its elimination. In part due to these efforts, the three of them have assumed the highest leadership roles within the ABA, with Greco serving as president during the last year, Whitehurst chairing the Standing Committee on Legal Aid and Indigent Defendants and Ross serving as chair of the Standing Committee on Pro Bono and Public Service.   

The final supporter prominently featured before the House of Delegates was Howard Dana, who chaired the Presidential Task Force on Access to Civil Justice, appointed by President Greco. The Task Force developed the defined right to counsel and the ten principles resolutions. Dana has long supported legal aid, both through his long service on the LSC Board and in his efforts to promote access to justice in his home state of Maine.

In a very unusual move, the House of Delegates adopted not only the black letter principles incorporating the standards (their usual practice), but also adopted the extensive commentary that provides extensive practical information and guidance to providers and practitioners alike around the common issues they face. Thus the entire package constitutes formal policy of the ABA. 

Justice Dana followed by introducing the two resolutions emanating from his Presidential Task Force. The defined right to counsel resolution proved somewhat controversial, with the ABA Family Law Section raising objections to the provision defining child custody as a basic human need suggested to jurisdictions to include in the right to counsel concept. With Ross leading the behind the scenes discussions, the Section offered what Dana conceded to be a friendly amendment to the resolution, noting that the right is to be defined by each state depending on the law and realities of each particular jurisdiction.  That concept was essentially included in the report of the Task Force accompanying the resolution.

The impact of this resolution is to put the ABA on record in support of local efforts, currently underway in at least eight jurisdictions, to establish a defined right to counsel in adversarial matters in certain civil cases. The resolution defines the basic human needs the ABA finds compelling for inclusion in such rights as shelter, sustenance, safety, health and child custody.

President Greco, in another unusual move, spoke passionately on behalf of the resolution, underscoring the tremendous importance of the issue before the House. Greco urged the unanimous support of the body, which he duly received.

The 10 principles resolution is aimed particularly at emerging access to justice commissions across the United States.  They clearly set out the critical components of a successful state justice community and commit the resources of the bar to the development of a strong array of supporters for equal justice in every state.

The following three resolutions (links below) can also be viewed on the ABA Web site:

- Standards for the Provision of Civil Legal Aid
- Civil Right to Counsel Resolution
- ABA Principles of a State System for the Delivery of Civil Legal Aid

NLADA and the entire legal aid community are greatly pleased with this extraordinary expression of commitment to equal justice by the American Bar Association. We note the extraordinary volunteer efforts by the bar leaders who made these statements possible and applaud the lasting legacy that they have created.

A number of other developments of interest to civil legal aid occurred at the ABA Annual Meeting. Among these were:

Resolutions Related to a Renaissance of Idealism - The Renaissance of Idealism was the second major focus of Mike Greco's year as ABA President. A number of resolutions were adopted related to this initiative, including:

Supporting and Promoting Pro Bono in Law Practice Settings
[Primary Sponsor: Commission on the Renaissance of Idealism in the Legal Profession]
Urges solo and small firm attorneys, larger law firms, corporate law departments and government and military law offices to encourage their lawyers, partners as well as associates, to service their communities through pro bono and public service activities consistent with applicable rules of professional conduct and adopts Pro Bono Policies and Procedures, dated August 2006, to provide their lawyers with opportunities to do pro bono work and to adopt specific internal policies and procedures to support such work.

Law School Support and Promotion of Pro Bono
[Primary Sponsor: Commission on the Renaissance of Idealism in the Legal Profession]
Urges law schools to require legal employers that recruit on campus to disclose and to make available to the schools’ students and alumni, specific information regarding the employer’s pro bono policies, practices and activities and urges law schools to adopt the Pro Bono Disclosure Requirements for Law School Recruiters, dated August 2006.

Judicial Support and Promotion of Pro Bono
[Primary Sponsor: Commission on the Renaissance of Idealism in the Legal Profession]
Urges all federal, state, local and territorial courts to develop programs, in collaboration with state, local and territorial bar associations and pro bono programs and legal services offices, to encourage, facilitate and recognize pro bono representation of indigent parties in civil cases.

New ABA President -   Karen Mathis, an attorney from Denver and former chair of the House of Delegates, was installed as the next ABA president, succeeding Mike Greco.  In her acceptance speech, Mathis discussed her two major initiatives for her year as president: 1) the Second Season of Service, designed to get retiring ‘baby boomer’ attorneys involved in public interest and pro bono activities; and 2) an initiative aimed at providing help to at-risk children.  Mathis is a long-time supporter of civil legal aid to the poor.

IOLTA Meetings - The workshops co-sponsored by the ABA Commission on IOLTA and the National Association of IOLTA Programs were attended by over 80 IOLTA directors and trustees. The two-day meeting looked at a number of topics, particularly focusing on the delightful situation many states face in deciding how to spend increased revenues wisely and upon the IOLTA community’s role in the increased focus on quality in the delivery of legal aid, made prominent by the revised ABA standards, the LSC performance criteria and a number of other quality initiatives currently underway.  Also, President Mathis announced the appointment of Jon Asher, executive director of Colorado Legal Services as co-chair, with San Francisco attorney Jo-Ann Garvey of the ABA Commission on IOLTA.

Standing Committee on Legal Aid and Indigent Defendants (SCLAID) -  SCLAID considered a number of issues related to civil legal aid and indigent defense.  Helaine Barnett, president of Legal Services Corporation (LSC), described developments at LSC, including the on-going Inspector General (IG) investigation of California Rural Legal Assistance.  Committee Chair Bill Whitehurst expressed the concern of the committee regarding interference by funders with the attorney-client relationship and asked that SCLAID continue to monitor that issue in the future.  The committee also discussed the ABA’s request for FY 2008 funding for LSC, but did not finalize that request.

This meeting was the last as a committee member for Bill Whitehurst.  The entire legal aid community congratulates Whitehurst for his tremendous devotion to and advocacy for the cause of equal justice.

President Mathis named Deborah Hankinson, former justice of the Supreme Court of Texas, as new chair.  NLADA has appreciated Hankinson’s long support of civil legal aid, both in Texas and nationally, and we look forward to a strong working relationship with her in the future.

Other new appointments to SCLAID include: Judge Lora Livingston from Austin, Texas; Neil McBride from Legal Aid of Middle Tennessee & The Cumberlands in Oak Ridge, Tennessee; Martin Montes from the Legal Department of Walmart Stores in Bentonville, Arkansas; and Beverly Quail, an attorney from Denver.

Standing Committee on Pro Bono and Public Service -  Mark Schickman, an attorney from San Francisco, was named as chair of the Pro Bono Committee, replacing Jon Ross.  Again, NLADA expresses its great appreciation for the support of Ross over several decades and looks forward to working with Schickman in the future.

At the annual meeting, Theodore Sorenson, speechwriter and advisor for President John F. Kennedy, gave a very inspirational keynote speech to a luncheon recognizing the following individual and law firm recipients of the committee’s Pro Bono Publico Awards:

• Ward B. Coe, Baltimore, MD
• Debra Brown Steinberg, New York, NY
• Richard Zitrin, San Francisco, CA
• Debevoise & Plimpton L.L.P., New York, NY
• Winston & Strawn L.L.P., Chicago, IL

ABA Medal - The prestigious ABA Medal was awarded to Jerome J. Shestak, a Philadelphia attorney and former ABA president, who has been a long-time leading advocate for civil legal aid and indigent defense.

New ABA Executive Director - The ABA named Henry F. White, Jr., current president of the Institute of International Container Lessors, the trade association for the worldwide container and chassis leasing industry, and retired Rear Admiral in the U.S. Navy Reserve, to be its new executive director. The appointment is effective on October 1.

White succeeds Robert A. Stein, who announced his plans to leave the Association in June 2005 following a 12-year tenure as executive director.

The NLADA and the National Consumer Law Center (NCLC) are pleased to announce another round of John G. Brooks Consumer Law Fellowships for 2007 – 2009. These fellowships are in addition to the grants awarded to eight programs for 2005 - 2007 and seven programs for 2006 - 2008. Both the prior and new funding for these fellowships are the result of discrimination lawsuits on behalf of African-American and Latino consumers in which NCLC was co-counsel.

NLADA will be awarding a limited number of Consumer Law Fellowship grants on a competitive basis to nonprofit legal service organizations (both LSC-funded and non-LSC-funded) to promote the development and enhancement of advocacy on consumer law and consumer finance issues for low-income clients, with at least a substantial focus on low-income minority consumers.

Any application that a program submitted in 2004 and 2005 will not be considered in this competition; your program must submit a new application to be considered for this round of fellowships. More information about the John G. Brooks Consumer Law Fellowships and the Fellowship application is available on the NLADA Web site at http://www.nlada.org/Civil/Consumer_Law_
Fellowships/CLF2006. The deadline for applications is September 15, 2006.

The E-Guide to Public Service in America’s Law Schools is a new interactive online directory of public interest programs and curricula at 117 law schools within the United States. It is a resource for law school applicants, law students, attorneys, professors and others seeking a broad range of free information about public interest programs and curricula at law schools. For more information and to visit the E-Guide, see ejw.newsweek.com.