ABA Lawyer Well-Being Week Round-Up
2020 has been a doozy of a year. Pro bono and public-interest lawyers normally are stretched thin due to the challenging nature of the work they do and the limited resources they have to support their work. Many in the public-interest community experience secondary trauma when they are indirectly exposed to the traumas that their clients experience. This can be a complicated situation to navigate even under normal circumstances. This year, the challenges of pro bono and public-interest work are amplified by the COVID-19 pandemic. To help, we have signed on to to the ABA Lawyer Well-Being Pledge and are offering opportunities for our members to connect and de-stress, as well as resources, tips, and informative articles for people who want to learn more about how to stay well while navigating a stressful profession.
What to Watch During Quarantine – Washington Council of Lawyers Edition
You may be binge-watching bad Netflix series . . . but you could be inspired by these Washington Council of Lawyers greatest hits instead!
Sewer Service: Improper and Ineffective Service of Process on Tenants
Improper or fraudulent service of process has become know as “sewer service.” Sewer service in the District of Columbia’s Landlord-Tenant Court means that defendants do not appear for court because they do not know about their case. Advocates in DC are mobilizing to address this issue.
COVID- 19 Response Resources
The following is a list of resources for lawyers serving clients and DC residents in need of support. We will continue to update as more resources become available.
Rapid Rehousing Program: Implementation Doesn’t Meet Expectations
The RRH Program was designed to help homeless families (with children) become self-sufficient by giving them rental assistance and case management for a period of one year. However, for my client, and many others, the reality is something very different. My experience only touched the tip of the ice berg when it comes to these issues, but it was enough to open my eyes and get me to commit to doing more pro bono work and advocacy work on behalf of the homeless, and families in need. Everyone deserves the right to an adequate place to live, and no young child should have to fear not having a place to sleep at night.
Becoming a Judge
This month we co-hosted Becoming a Judge. Held at the D.C. Court of Appeals, the event gave attendees the opportunity to network with current judges, as well as hear from a panel of judges about their pathways to the bench and tips for applying. Some of the points raised by the judges aligned perfectly with the Council’s mission of promoting pro bono and public interest law in the District.
Managing Student Loan Debt
24 February 2020 Blog, Featured
Taking control of your student debt can be a daunting process. That’s why we hosted a panel discussion on Managing Student Debt on February 19, 2020. Jen Tschirch, Assistant Director, Office of Public Interest and Community Service at Georgetown University Law Center and Washington Council of Lawyers Board Member guided the conversation with our panelists Brooke Meckler, Law School Engagement and Advocacy Program Manager at Equal Justice Works; Imoni Washington, Director of Programs at the D.C. Bar Foundation; and Courtney Weiner, Managing Partner of the Law Office of Courtney Weiner PLLC.
Litigation Skills Series: Mediation Training 2020
11 February 2020 Blog, Featured
Washington Council of Lawyers hosted a Litigation Skills Series training on Mediation on Friday, February 7, 2020. The training gave participants a strong foundation of negotiation theory followed by the opportunity to put what they learned into practice. Melissa Reinberg, mediator and adjunct professor at Georgetown University Law Center and Executive Director of Negotiation Works, led the group through a discussion on effective client preparation, how to use leverage in negotiations, and how to manage the mediation process to a successful outcome for clients. Then the sixteen participants participated in two mediation sessions, one as an attorney and one as a client. Through a landlord-tenant fact pattern rife with (intentional) inconsistencies and vital facts known only to the landlord and the tenant, participants were tasked with coming up with a mediation strategy and then putting that strategy into use with an experienced mediator. After the mediations, the Honorable John M. Mott, Senior Judge at The Superior Court of the District of Columbia and current neutral with JAMS Mediation, Arbitration and ADR Services addressed the participants. He spoke about the importance of mediation as a tool for advancing justice and advocating for our clients. The program concluded with a debrief led by Melissa Reinberg, in which participants put together best practices for preparing clients and guidance on the best roles lawyers can play during the mediation. The observations and universal takeaways included those listed here. Best Practices for Attorneys in Preparing Clients: Discuss mediation process Empower client Make sure client understands process is voluntary Discuss what is likely to happen at mediation Find out what client wants and why (i.e., client’s interests) Explore what the client thinks the other party wants and why (ie, the other party’s interests) Help client identify best/worst outcomes Help client identify walk-away alternative/likely outcome if there’s no agreement (ie, BATNA) Consider monetary and time costs to client if case is not settled in mediation Discuss whether client’s goals are realistic in light of the facts and the law Figure out what evidence to bring/present in the mediation Clarify what client is comfortable sharing; distinguish between sharing with all parties vs just the mediator Discuss overall mediation strategy Clarify roles of lawyer and client during mediation (ie, who will speak when) Set up how client will communicate with lawyer during the mediation Decide who will respond to offers (client or lawyer) before going into the mediation Best Roles for Attorneys in the Mediation Process: Guide client but don’t take over Simplify and clarify the process/facts/evidence for client; translate legalese Manage details (eg, do the math calculations) Help client stay focused on current issues being discussed Help prevent client from being sidetracked by collateral disputes Help the client control his or her emotions Manage relations between parties Expand and clarify your client’s perspective Flesh out and reinforce the client’s “good story” Keep an eye on the legal issues, and put client’s facts in legal context (if it’s helpful) Be prepared to jump in and address harder issues so client doesn’t have to Help the client take a step back to evaluate offers and options before accepting or rejecting them Know when to take a break in order to speak to your client about assessing or reassessing options Spin out the contingencies and consequences of the proposals being discussed Engage in reality testing; make sure options under consideration are workable for all Guide your client’s negotiation strategy Mediator comments: Counsel clients by reality testing and let them know what could happen if mediation fails In joint sessions, remember the other side may be hostile or view your client as the enemy Go in with a problem-solving mindset Use mediator as the neutral party he/she is We are grateful to our four mediators Steve Altman, Nancy Cohen, Tiara Jackson, and Carolyn Lerner for their expertise and guidance during the simulations. Their critiques in real time were vital to the rich learning experience and future success of our participants.
Best Practices in Pro Bono: The Social Science of Doing Good
17 January 2020 Blog, Featured
Our Best Practices in Pro Bono session on January 15 focused on the Social Science of Doing Good. Our conversation was led by an all-star lineup of panelists: Andrea Mangones from Kids In Need of Defense, Dr. Larry Richard from LawyerBrain, and Kitty Wach from Miller & Chevalier. The Best Practices Session was expertly moderated by Paul Lee from Steptoe & Johnson LLP. More than 40 pro bono coordinators from law firms, legal services organizations, government agencies, and law schools attended the program. The panel discussed the reasons that lawyers do pro bono, and what methods are effective (or ineffective) for encouraging lawyers to do more pro bono. Dr. Larry Richard highlighted his research on personality traits that set lawyers apart from the general public. He cited his personality study research that demonstrates lawyers tend to be highly skeptical, but lack resilience and sociability. He noted that we are quick to try to use sticks and carrots to motivate pro bono lawyers, but they are often blunt tools that can have unintended consequences. Using the personal touch to build relationships with lawyers to encourage them to do pro bono can be more effective. Kitty Wach highlighted the variety of ways that law firms can encourage and support pro bono work, including making pro bono a mandatory requirement, asking about lawyers’ pro bono practice during performance reviews, and including news of pro bono victories alongside news of commercial case victories in firm-wide emails from law firm leaders. Andrea Mangones shared her experience that having colleagues talk about pro bono clients they have helped, or hearing from clients themselves about the impact having a pro bono lawyer had on their lives can be the best ways to encourage lawyers to take on new pro bono cases. To learn more about lawyer personality traits, how to encourage volunteerism, and the benefits for the volunteer of doing pro bono work, check out these resources. We Volunteer To Help Others, But Research Shows How Much It Helps Us, Too, a January 13, 2020 Washington Post article by Jamil Zaki Supporting Justice: The Work of Pro Bono Lawyers, a 2018 report from the ABA Standing Committee on Pro Bono and Public Service Accountability 101, a 4-part blog post series by Dr. Larry Richard on the psychology of how to hold law partners accountable Herding Cats: The Lawyer Personality Revealed, an article describing the personality traits that set lawyers apart from the general public, also by Dr. Larry Richard Pre-Suasion: A Revolutionary Way to Influence and Persuade, by Dr. Robert B. Cialdini Influence: The Science of Persuasion, also by Dr. Robert B. Cialdini Our final two Best Practices in Pro Bono Sessions for this year will take place on Tuesday, March 10, from 8:45-10:15 am, and on Wednesday, April 29, from 12:30-2:00 pm. Look for an email with registration information to circulate soon; if you are not currently a member of Washington Council of Lawyers, join today so you won’t miss out! We are grateful to Fried Frank for hosting our entire Best Practices in Pro Bono series! Thank you!