Pa. lowers bar to help retired lawyers assist those in need
In the 11 years since Zelda Curtiss retired as an attorney for the state Department of Environmental Services, she has continued paying all the fees necessary to continue practicing law on behalf of people who cannot afford to hire a lawyer, although she receives no income for her work.
“It makes me feel good to help other people,” said Ms. Curtiss, 78, of Squirrel Hill. “I think it’s our responsibility. ... If you are retired, there should be a way for you to easily provide pro bono legal services to help poor people.”
She has been paying about $600 a year to keep her law credentials active.
The costs associated with practicing law on a pro bono basis can be a barrier for some retired lawyers who want to offer free legal services to low-income people.
But a new program approved by the Supreme Court of Pennsylvania is meant to help ease the financial burden.
Retired lawyers can now apply for emeritus status through the disciplinary board of the state Supreme Court. Lawyers who are approved will not be required to pay the $200 annual registration fee for active attorneys. The emeritus fee will be $35 a year.
At the same time, the Continuing Legal Education Board reduced the number of continuing legal education credits required for emeritus lawyers.
Attorneys with active licenses are required to take 12 continuing legal education credits each year. Until now, retired lawyers also had to meet that same standard. Continuing legal education credits typically cost about $30 per credit hour.
Under the new rules, emeritus lawyers are required to take eight credits.
“There is a large gap between the need for legal services for low-income people and the availability of attorneys to handle the case for free. We call it the justice gap,” said Barbara Griffin, director of the pro bono center of the Allegheny County Bar Foundation.
Ms. Griffin played a role in proposing the rules for the state’s emeritus program. The process began when a statewide working group met in 2012 to lay the ground work for making a proposal to the state Supreme Court. The program was approved in May by the court.
Fees for continuing education and registration aren’t the only expenses that may discourage attorneys from doing pro bono work in retirement.
The average annual cost for malpractice insurance could run between $1,200 to $2,500, although some practice areas trigger fees as high as $10,000 a year. Malpractice policies provide coverage for claims that arise from “wrongful acts” committed by attorneys while rendering legal services.
Emeritus lawyers who practice in Allegheny County will be covered by a malpractice insurance policy provided by the Allegheny County Bar Foundation. “We are unique as a bar foundation in providing that coverage to our volunteers,” Ms. Griffin said.
Other legal aid agencies, such as the Neighborhood Legal Services Association, also carry a malpractice policy which covers their volunteers, which means attorneys who take cases for those organizations will be covered by their malpractice insurance policies.
The changes do put some restrictions on attorneys insured by such groups.
“Under the rules, emeritus attorneys would have to take cases only through legal aid organizations that provide malpractice insurance for that attorney,” Ms. Griffin said. “That means, they can’t take pro bono cases on their own for family members and friends.”
The disciplinary board of the Supreme Court of Pennsylvania had no estimates on the number of retired lawyers currently doing pro bono work, But the need for them is high.
“For retired attorneys looking to make a difference by filling the gap between the need for legal services and what’s available today, this program facilitates that,” said Doug Leonard, chairman of the disciplinary board.
Retired lawyers in Allegheny County can contact the Allegheny Bar Association’s pro bono center for a list of volunteer opportunities within various organizations that help low-income people.
For example, a collaboration called Pittsburgh Pro Bono Partnership operates a program to prepare wills free of charge for senior citizens who are low-income.
Over the years that she has perform pro bono work, Ms. Curtiss said she has handled numerous cases for people with no means to pay a lawyer. Many of them were protection-from-abuse cases. On two occasions she obtained asylum for people from Rwanda.
At this point in her life, she prefers writing wills.
“It gives me such fulfillment to help other people,” she said. “I love it.”