Volunteers
Opportunity
A fulfilling career as an attorney anywhere includes the personal satisfaction one derives from helping those who need your help the most. South Dakota has over 114,000 people living in poverty according to the latest census estimates. The two legal services programs in the state (Dakota Plains Legal Services and East River Legal Services) are severely underfunded and understaffed. It is not possible for those programs to help every indigent person who comes through their door with a legal problem. The national Legal Services Corporation reported that, for every person who receives help from a legal services program, another is not able to get help for their civil legal problems.
Access to Justice (A2J) was formed by the State Bar of South Dakota to help bar members fulfill their ethical obligation to do pro bono work and to help East River Legal Services and Dakota Plains Legal Services serve the poorest of the poor in the state (those who live at or below 125% of the federal poverty guidelines). A2J also has provides services to the elderly and disabled who live at or below 200% of the federal poverty guidelines. Attorneys who participate in the A2J pro bono program make a difference and improve the lives of many indigent people in South Dakota.
In an effort to improve the availability of services to those of moderate income in South Dakota and supplement services being provided to the indigent by the state pro bono program, the State Bar of South Dakota and Access to Justice program have also developed a modest means (reduced fee) program. This program will not only broaden access and reduce fees for eligible clients, it will create more business for participating lawyers. The maximum retainer a participating attorney can collect for a modest means program case is $650 and the maximum hourly fee is the court-appointed attorney fee rate (currently $82 per hour.) All members of the State Bar of South Dakota are encouraged to participate in the modest means program. In order to participate in the program, a lawyer should be a member in good standing of the State Bar of South Dakota and must agree to take at least one pro bono case per year. Lawyers should also have a certain level of experience (generally) although mentors can be provided when requested.
There are six major opportunities for bar members to participate in A2J programs/projects:
Pro Bono Program: attorneys can volunteer to take pro bono cases in whatever area of law they choose.
Modest Means Program: attorneys can participate in the modest means program in whatever area of law they choose.
Mentoring: attorneys may elect to mentor other pro bono attorneys outside of their firms who may not be familiar with a particular area of law.
Supervision of USD Law Students: Law student volunteers are anxious to learn all about the law and they work on a variety of different projects but need mentoring and supervision. Contact us for information regarding those projects.
Community Education: attorneys may elect to provide community education in their particular area of expertise, which may be via newspaper articles, community presentations, radio PSA’s, or development of material for the HelpSouthDakota.com legal services website.
Financial Support: firms or individual attorneys may elect to make a donation to A2J.
While the above options do not comprise an exclusive list of things attorneys could do to provide needed services to low-income and disadvantaged people in the state, it does include the most common ways attorneys fulfill their ethical responsibilities to help those who cannot afford to hire an attorney.
Intake Process
All pro bono and modest means program clients and their cases are screened by A2J staff for eligibility. If a case is determined to be eligible and appropriate for referral, A2J staff attempt to find an attorney to handle the case. Information regarding a potential client’s case is sent via email or mail to an attorney in the area in which a case is venued. If that attorney agrees to interview the potential client, A2J staff will advise the client to contact the attorney to schedule an appointment. Attorneys are not contacted directly by a potential pro bono or modest means program client until that attorney agrees to interview the potential client.
Cases
For now, only family law, consumer, education, housing, health, employment, and wills/estates cases are referred to pro bono and modest means program attorneys. A2J staff is available to assist attorneys with any problems they may have with a particular client and provide samples of pleadings that may be helpful for various types of cases to attorneys.
If you are an attorney who would like to learn a particular area of law you do not have much experience in, A2J staff may be able to put you in contact with other attorneys who can provide sample pleadings, advice, etc.
Pro bono law students may also be available to assist with any leg-work or research that may be needed on a particular case.
Professional Liability Insurance
A2J’s professional liability insurance includes coverage for work done by its volunteers, however, if a participating lawyer has his/her own professional liability insurance, A2J’s policy is secondary.
Registering for Participation
Attorneys who wish to participate in the various A2J programs/projects should download and complete the registration form below and send it to A2J at the address on the form. The case closing form below is the only report you will ever need to submit upon conclusion of a case. For further information, please contact A2J staff at 605-791-4147 or by email at access.to.justice@sdbar.net.
