Business Law 101 / Pro Bono Clinic

Business Law 101 / Pro Bono Clinic

By Albert L. Kelley, Esq.

Today I am going to break from my usual column to talk about an exciting new community service being sponsored by members of the Monroe County Bar Association in conjunction with Legal Services of Greater Miami-Dade, Inc.

Many people in our community do not have the ability to retain attorneys for their legal needs. While there is a right to an attorney in criminal cases, this is not the case in civil matters. Many people do not know how to hire an attorney or simply cannot afford to hire one. These individuals often represent themselves, but are at a disadvantage without knowing the legal issues that guide their case. Luckily, there have always been lawyers who took case “pro bono publico” or “for the public good” (As an example, Abraham Lincoln often took pro bono cases while riding the circuit). This can be done in various manners including initial consultations, continuous advice, full representation, and mediation services. From personal knowledge, I will advise that members of the Monroe County Bar Association have been very generous with their time when it comes to pro bono services.

Lawyers are not required to take any case that comes to them; they are allowed to determine how they will provide pro bono services and to whom. They can limit the income level of the clients they provide pro bono services to and they can limit the areas of law that they will provide pro bono services in (The Florida Bar will not allow an attorney to represent a party in an area of law that the attorney is not competent in). So while a client can always ask a lawyer to take a case pro bono, there is no requirement for the lawyer to do so.

This past February, in order to find a way to increase pro bono services to our community, Circuit Judge Bonnie Helms reached out to the Monroe County Bar Association for volunteers to form a Pro Bono Committee, tasked with finding ways to fulfill the unmet needs of those who cannot afford to hire a lawyer. Numerous lawyers stepped up immediately to serve on the committee and progress was made quickly. There have been several meetings where the committee members enthusiastically developed several plans to provide benefits to the community. One of the main ideas was to offer legal clinics to assist pro se litigants (people representing themselves in court matters). On October 14, 2016 at 9:00 a.m. the first of these legal clinics will begin at the Freeman Justice Center at 302 Fleming Street (Other clinics have been scheduled for December 6, 2016 and February 10, 2017). Local attorneys (including myself) will be on hand to provide advice to individuals in need of legal assistance. Topics that will be covered include small claims (cases where the amount at issue is below $5,000), landlord/tenant cases such as evictions, simplified divorces and basic probate. These topics were chosen as they are the most common issues handled by pro se litigants. The Committee also realized that the topics had to be limited so the lawyers will be prepared and can provide the maximum benefit to the participants. The clinic is for informational purposes only; the lawyers participating in the clinic will not be representing the participants, but will provide them with guidance so they can better understand the law and requirements of the Court system.

In order to participate in the Pro Bono Clinic, individuals need to call 877-715-7464 to schedule an appointment. Space is limited and the clinic is expected to fill up quickly.

Al Kelley is a Florida business law attorney located in Key West and previously taught business law at St. Leo University. He is also the author of “Basics of Business Law”, “Basics of Florida’s Small Claims Court” and “Basics of Florida’s Landlord/Tenant Law” (Absolutely Amazing e-Books). This article is being offered as a public service and is not intended to provide specific legal advice. If you have any questions about legal issues, you should confer with a licensed attorney.

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