by Lei Lei Wang Ekvall

Since having Ian (my 3-year old), I have been reading children’s books. Consequently, I’ve thought about writing one myself. (Jeremy Miller, the Orange County Lawyer Editor-in-Chief, is probably groaning out loud as he reads this, feeling sorry for whomever would be the editor and publisher of my book for having to put up with my procrastination tendencies.)

My book would be about lawyers, and it would be similar to How the Grinch Stole Christmas! In the book, lawyers start out like the Grinch but after doing pro bono work, they lose their grinchiness and their hearts grow three sizes. Now, we all know it’s great to win a big case, close a big deal, or get the occasional “attaboy” or “attagirl” from a client or a partner, but a “thank you” from an indigent client on the receiving end of pro bono services, however, really does make your heart warm. Really!

There is something unique and special about giving back to the community in the form of free legal services. Perhaps it is because only we lawyers can provide this service and it is a service that is needed by many but unavailable to most.

The American Bar Association recommends that lawyers contribute 50 hours of legal services without an expectation of a fee. In other words, providing legal services to a client who is contractually obligated to pay fees but chooses not to or becomes unable to does not count as pro bono services.

As many of you may know, I was introduced to the OCBA and the wonderful things that it and its members do for our community through the bankruptcy pro bono clinic. The need for a bankruptcy pro bono program was something that had been talked about for many years by the bankruptcy bar. For whatever reason, however, it never came to fruition until it was brought to the OCBA’s pro bono committee in 1999. The stars became aligned and the OCBA pro bono committee, with assistance from the Public Law Center (“PLC”) and the Orange County Bankruptcy Forum, formulated a program that remains in existence today. The OCBA made it easy to launch the program. It immediately stepped up to provide administrative staff support to coordinate training for the volunteer attorneys and scheduling of the volunteer attorneys.

In the last decade, the bankruptcy pro bono program has helped hundreds of debtors with chapter 7 bankruptcy questions by offering, on average, three walk-in clinics each month. The OCBA, the PLC, and all of the volunteer bankruptcy attorneys who work at the clinics should be commended for providing an invaluable service to clients, especially in these dire financial times. The unemployment rate in California, at approximately 12%, is the third highest in the country. In the last two years, the bankruptcy court in Santa Ana has seen an unprecedented number of bankruptcy filings, primarily cases filed by individuals seeking relief under chapter 7 or chapter 13. The bankruptcy court is busier than ever and those who seek relief are more likely than ever to be proceeding without an attorney due to their lack of resources. (A few years ago, my goddaughter, Amanda, who was then around 12 years old, asked me how someone can afford to retain me when they are bankrupt and broke. I explained that I specialize in representing businesses. Nevertheless, her observation is rather insightful.)

In addition to the bankruptcy pro bono clinic, the OCBA also coordinates a grandparent guardianship clinic, where volunteer attorneys help grandparents obtain guardianship of their grandchildren when their own children may have dependency and other issues that impair parenting abilities. The OCBA also coordinates a domestic violence clinic, held at various women’s shelters throughout Orange County. In the last few years, the OCBA has also presented programs on immigration law at various community centers.

There may be other pro bono projects that the OCBA can help launch. If you have an idea, come share it with the pro bono committee. You can contact Dawn Miller at the OCBA to find out the date of the next committee meeting. The PLC and Legal Aid are always looking for volunteers as well. Your heart will grow three sizes regardless of whether you provide pro bono services through the OCBA, the PLC, Legal Aid, or on your own.

Now, as an aside, I think my book will also help improve lawyers’ public image. The media’s portrayal of lawyers continues to bear very little semblance to most of our day-to-day lives and gives little to no credit for all the good work done by lawyers to advance our system of justice and to champion the cause for those who lack the resources. (See, e.g., The Defenders, starring Jim Belushi and Jerry O’Connell, who portray defense attorneys in Las Vegas who find themselves in situations involving casinos, strip joints, and night clubs. Very real!) I’ve given some thought to the reason. Could it be that in the 21st century, we are still using a Latin phrase—pro bono—to describe our good work? Does that seem staid and pretentious? Perhaps in my book, I will coin a new and catchier phrase. Freegal services, anyone?

Lei Lei Wang Ekvall is the 2010 President of the Orange County Bar Association and a partner of Weiland, Golden, Smiley, Wang Ekvall & Strok, LLP, where she specializes in representing debtors, creditors, and litigants in business reorganizations and workouts.