Hamilton Herald Masthead

Editorial


Front Page - Friday, June 10, 2011

Legal community celebrates equal access to justice




Judge John McClarty, Tennessee Supreme Court Chief Justice Cornelia Clark, attorney Sam Elliott, and attorney and Chattanooga Bar Association president Ira Long at Pro Bono Night 2011. - David Laprad

Equal justice for all citizens took center stage on May 26 as attorneys, judges, paralegals and summer associates filled the elegant confines of Lindsay Street Hall to observe Pro Bono Night 2011: An Evening with the Stars.

Hosted by the Pro Bono Committee of the Chattanooga Bar Association, the Young Lawyers Division of the bar and Legal Aid of East Tennessee, the event honored the members of the bar and bench who donate their time and talent to help low-income members of the Scenic City community achieve access to justice.

Tennessee Supreme Court Justice Cornelia Clark provided the keynote speech, during which she defined justice not as “the guarantee of a particular outcome in a particular case, but as the guarantee of equal access to rights and protections our courts offer.”

“We are here tonight because we believe justice should not be limited to the people who have the greatest power or the fattest wallets. We are here because we believe equal access to our courts is a basic right that should be available to all people regardless of race, class, education, or disability,” she said.

Chief Justice Clark then said a nation that claims to be just has the responsibility to make justice available to all of its citizens, but that the U.S. and the State of Tennessee are falling short.

“More than 35 million Americans are still living below the poverty level, and another 10 million have incomes that are less than 25 percent higher than that level. At least 40 percent of these Americans have a legal problem of some kind each year. Low-income Tennesseans are no different. Seventy percent of low-income Tennesseans experience some type of legal problem each year.

“But with slightly less than 22,000 licensed attorneys in the state, and far fewer participating in pro bono programs, most of these low-income individuals have limited or no access to legal counsel. They feel shut out from the legal system. They do not turn to the system for solutions because they believe the system will not help them.”

Chief Justice Clark also said the Tennessee Supreme Court believes pro bono service is critical to each attorney’s fulfillment of his or her obligation to the profession.

“If we are to live up to the common calling to promote the public good, and if we are to have any hope of providing liberty and justice for all, then we must embrace and celebrate our obligation to devote professional time on behalf of our brothers and sisters who need our help.

“We in the law are especially privileged, and we must give especially generously in return. That is a promise we made when we took our oaths, and it is one we must keep every day.”

Following Chief Justice Clark’s comments, the hosts of Pro Bono Night honored several legal professionals who in 2010 demonstrated a strong commitment to representing low-income Tennesseans in pro bono cases and to supporting pro bono initiatives.

McWilliams & Gold re-ceived the Firm of the Year award for its commitment to improving the lives of underserved children. In 2010, the two-person firm assisted 11 pro bono clients with family law matters, including adoptions.

“They’ve never said no to an adoption we’ve asked them to take,” said Legal Aid assistant director Richard Fowler, who presented the award.

Rachel Fisher, an attorney with Scenic City Legal Group, received the Pro Bono Advocacy Award for her work with low-income clients. Pro bono director of Legal Aid Maeghan Jones commended Fisher for stepping outside her area of expertise as a transactional and corporate lawyer to help a victim of domestic violence obtain a divorce.

“Rachel has made a commitment to the Chattanooga community and to Legal Aid to provide 50 hours of pro bono service every year. Recognizing that divorces involving victims of domestic violence are difficult to place with pro bono attorneys, she takes on pro bono divorces in order to fulfill her 50 hours,” Jones said.

Jones also presented the Pro Bono Excellence Award, given to Amanda Branam Rogers of Luther Anderson for her “outstanding contributions to the pro bono project and to the mission to achieve access to justice.”

“In the last year, Amanda gave nine low-income clients access to justice. In addition, she’s a regular volunteer at Legal Aid’s weekly pro bono intake, where she connects low-income clients to attorneys who can assist them. Amanda is also a champion of pro bono service within her firm and the larger legal community, as she recruits attorneys to participate in free legal advice clinics and heralds the importance of pro bono service to anyone who will listen,” Jones said.

To draw attention to paralegals and other support staff within the legal community that provide pro bono work, Jones presented the first annual Pro Bono Paralegal of the Year Award to Jamie Carpenter of McWilliams & Gold.

“When we talk about pro bono work, we sometimes overlook the critical role paralegal and support staff play. Jamie provides a bridge between Legal Aid of East Tennessee, the attorneys at McWilliams & Gold, and our clients.

“Last year, she went above and beyond her already fine standard of service when she helped coordinate a complicated adoption that involved two attorneys, a client hospitalized in Nashville, and a hearing with a chancellor via cell phone. The case required significant coordination and attention to detail. Without Jamie’s support, it would not have been possible for a very special family to obtain an adoption.”

Pro bono emeritus attorney Dick Ruth presented the Bruce C. Bailey Pro Bono Volunteer of the Year Award to attorney Joseph C. Simpson of Husch Blackwell for his “extraordinary commitment to helping the most vulnerable members of the Chattanooga community access the justice system.”

“Joe has provided assistance to nearly 50 pro bono clients since he began volunteering with the program. He’s the one the folks at Legal Aid turn to when they have a complicated probate or elder law matter because they know he’ll never turn away a client in need,” Ruth said.

To wrap up the awards portion of the evening, Fowler presented the Chief Justice M. Barker Equal Access to Justice Award to Judge Jeff Hollingsworth for his work to make “systemic change to further the goal of equal access to justice.”

“He has been critical in organizing legal clinics at East Brainerd Recreational Center, has been instrumental in helping us to establish legal clinics with the Chattanooga Bar Association, and has been a liaison between Legal Aid and those promoting equal access to justice at the bench. “When he went to the bench, he could have stepped away from Legal Aid and access to justice, but he doubled his efforts,” Fowler said.

In turn, Hollingsworth thanked the legal professionals in the room for their work on behalf of low-income clients.

“You’re the ones who take on the headaches and the stress. This award honors me, but I’m more honored to be associated with you.”

Nearly 20 event sponsors joined forces to make Pro Bono Night 2011 happen. As hosts of the social hour preceding the main event, Carter Distributing, Husch Blackwell and Warren & Griffin provided and wine and paid for the food. Julia’s Fine Foods from Sewanee, Tenn., provided the catering at cost.

Many others contributed their time and resources to the evening as well. The YLD solicited over 24 items from local merchants for a silent auction that raised funds for Legal Aid, Chattanooga Legal Professionals put together the colorful centerpieces that adorned each table, and LaTrice Curry of WRCB hosted the live auction that closed the evening. Among the items she sold were a low country boil for six, to be prepared by Judge Hollingsworth.

During her keynote speech, Chief Justice Clark urged everyone in the room to continue to promote justice and the public good through pro bono work.

“As you leave here tonight, the power of pro bono is in your hands and in your heart. I’m confident you will carry it well as you lead the rest of the world not only to where they want to go, but also to where they need to be.”