By Jane Santoni

It is just so irritating. While desperately trying to make a living, dealing with difficult clients, court deadlines, opposing counsel, and numerous other frustrations that our profession invariably brings, now we are asked to work for free? I am not aware of any other profession that leans so heavily on its members to repeatedly do free work for the community. 

So, other than a sense of grudging obligation, why do it? And, more importantly, why do it joyfully and with a spring in our step?  Because (and this has been a well-kept secret) it really is selfish.  Here’s why:

 

 It Feels Oh So Good

People who volunteer will often exclaim that it felt better for them than the people who they were trying to help. Legal pro bono, however, is like feeling good on steroids. The reason is that our law licenses give us superpowers that no one else has. Lots of people can volunteer to work in soup kitchens, build homes, deliver food, etc., and these jobs are desperately needed. However, not everyone understands statutes of limitations, licensing requirements in residential leases, accounting requirements after a car repossession, criminal expungements, or how the legal process in general works. 

Our unique knowledge, skills, and experiences as attorneys give us the ability to help where no one else can. And if you’ve never seen the look on the face of a mom after you’ve told her that she’s not going to get evicted because you knew the landlord was unlicensed and had no right to bring the action; or a cancer survivor after you’ve told her that the collection action for her medical bills is being dismissed because the suit was brought outside the statute; or the newly unemployed man after you’ve told him that all he needs is few hundred dollars to get his truck out of repossession, instead of the thousands of dollars being demanded; or the young adult after you’ve told him that his criminal record is going to be wiped clean, well, then you just haven’t lived.     

I kid you not. Even the most cynical and grizzled of us will feel like Ebenezer Scrooge on Christmas morning when we realize our legal skills had a huge direct impact on another human being. In a world so full of fear and negativity, everyone still loves a hero fighting for the underdog. If you don’t believe me, watch any Marvel movie, or the whole Suits tv series.  You will be wearing that cape, baby!

 

You Will Learn New Things at No Risk and Little Cost

Perhaps you are thinking, “this is all well and good, but I don’t know the first thing about practicing in these pro bono areas. Sorry, can’t help.” There is good news for you, too! The wonderful Maryland pro bono organizations will teach you, protect you, and support you. Not only will you do something that makes you feel good, but you’ll also make some new friends and learn some new skills. Perhaps you will even find that doing all those corporate mergers isn’t as much fun as some of the new things you’ll be doing (remember, Suits), and your career will get a shot in the arm.

Here's how it works: organizations such as Maryland’s Pro Bono Resource Center (PBRC), probonomd.org; Maryland Volunteer Lawyers Services (MVLS), mvlslaw.org; Maryland Legal Aid, mdlab.org; and Civil Justice, Inc. civiljusticeinc.org, have numerous programs that will teach you how to handle a specific type of pro bono case. Some will even offer a stipend to you for your work. The training sessions are brief and convenient (often online), and the commitment is usually limited to a few hours. Even if your mentor isn’t available, there is always an experienced attorney from one of the organizations in court to help you. 

For example, PBRC has both landlord/tenant and debt collection clinics, as well as others, discussed below. You just pick where and when you want to volunteer. (I usually pick a day to help at the afternoon landlord/tenant docket for Baltimore County District Court in Essex.) You show up for a few hours and handle a few cases with an experienced attorney present to help. You can get the training beforehand if you want, and/or you can just shadow the experienced attorney. You will get excellent litigation experience without any commitment beyond a few hours. If you prefer, the pro bono organizations also provide opportunities to take a single case, which can vary in complexity. You can pick something very simple, or if you are feeling spicy, something more challenging. 

If you want to try a new area of law but know nothing about it, pro bono work provides an excellent opportunity. Thinking about switching to domestic law, immigration, estate planning, criminal? There is training in all these areas, and doing pro bono may be the only chance to test the waters with little risk or commitment.

In a country where loneliness is an epidemic, I have found that working with these organizations makes me feel invigorated and happy and part of a team of people I really like and admire. So, not only will this work expand your legal horizons, but it will also provide connections with a fabulous group of people, and maybe restore your faith in the goodness in this world.

 

There is a Lot in it For You

For those of you who aren’t inclined to feel like superheroes and who are way too overwhelmed to even consider learning something new with a bunch of people you don’t know, there is another reason to do it – it can be profitable for you. 

This is because often the same people you are helping for free have valuable affirmative claims against the entities that have sued them. For example, people can be compensated if state and federal debt collection laws are violated, and this compensation can include damages for emotional distress or mental anguish without accompanying physical injury (Md. Code Ann. Com Law §14-203), as well as payment of your attorney’s fees. (Md. Code Ann Com Law §§13-301(14)(iii) and 13-408(b), 15 U.S.C. §1692(k)).  The person facing eviction may have common law and statutory claims for damages against a landlord if dangerous living conditions have caused them harm.[1]  If a debt is being mistakenly reported to a credit reporting agency, claims for damages and fees are available under the Federal Fair Credit Reporting Act.  (15 U.S.C. § 1681 et seq) 

These are just a few examples of the statutes at your disposal to make valuable claims.  Since the pro bono organizations are often unable to take affirmative claims, they are grateful that you, as a private attorney, will seek additional justice. It is one thing to solve a client’s problem. It is quite another to get them compensation and hopefully deter similar bad acts. (Years ago, a car dealer’s attorney told me that his client got so tired of me suing him that he decided to stop selling lemons. That victory was sweet.) In order words, it is very possible to “do well while doing good”. My firm, Santoni, Vocci and Ortega, LLC, is based on this tenet, and, although not without some frustrations and challenges, we have a vibrant and rewarding practice.

Even if you can’t bring an affirmative claim, the legal profession is based on relationships, and most of the time after you assist someone you become “their lawyer.” Don’t be surprised if additional referrals come to you because you were kind enough to help someone when they were in their most desperate and vulnerable state.

 

There is Another Way to Help.

If you still are unable to consider giving time, there is always another valuable way to help: cold hard cash. Organizations dedicated to protecting the most vulnerable, including PBRC, MVLS, Civil Justice, Inc. and Legal Aid need our financial support to continue. You will be doing a huge service.

 

Conclusion

We make time for the things that matter in our lives. Using our professional skills to do some good matters. It is so worth the time.

 

Biography

Jane Santoni has been practicing law since 1986, specializing in consumer protection since 2002. She primarily practices in the area of tenants' rights, debt collection, and credit reporting. She litigates for consumers in state, federal and appellate courts and has testified before state and federal legislatures. She is on the Board of Civil Justice, Inc. and the National Association of Consumer Advocates, and on the Maryland Association for Justice Board of Governors.  She was named “Consumer Advocate of the Year” by the National Association of Consumer Advocates in 2015, a “Leader in the Law” by the Daily Record in 2013 and received the Women’s Caucus Award from the Maryland Associate for Justice in 2022. Her firm has been recognized repeatedly for its pro bono work.