Why Pro Bono Matters to You, Your Community, and Your Legal Career - Public Interest
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Public
Public Interest
Interest
Why Pro Bono Matters
to You, Your Community,
and Your Legal Career
28
© 2014 by American Health Lawyers Association
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—From a declaration of the American Bar Association
Public Interest
The AHLA Pro Bono Health Law Initiative organizations making significant pro bono health
provides access to resources, educational materials law contributions, and to support clearinghouse
and networking information for health lawyers and networking functions to help AHLA members
doing and seeking opportunities to do pro bono find teaming opportunities in pro bono work.
legal work. From legal assistance for individuals
facing obstacles to obtaining health care or health Pro Bono Champions
benefits, to pro bono corporate legal work for The Pro Bono Champion Awards recognize
health care charitable organizations and major lawyers who have provided significant pro bono
impact litigation on health access issues, there is legal services in the health care/health law field,
great diversity in pro bono opportunities for AHLA helping to increase the availability and quality of
members. AHLA’s webpage, www.healthlawyers. health care or otherwise provide needed access to
org/probono offers a “virtual” handbook that the legal system for those in need. Our awardees
provides links to information on: represent excellence in fulfillment of the volunteer
tradition of the legal profession. Applications
• Successful operation of pro bono health law are made available on the website beginning in
programs in law firm, private corporation, and November and are due in April of each year.
government agency settings;
AHLA’s inaugural class of twenty-six Pro Bono
• Connections to organizations doing pro bono Champions and their inspiring stories were
work on key health law issues at the national level featured in the February 2012 AHLA Connections.
that are seeking to team with health lawyers; and In 2013, Thirty-one additional Pro Bono
Champions were recognized for their dedication to
• Information on pro bono legal programs at the providing pro bono services in the health law field
state and local level with which AHLA members (featured in the June 2013 AHLA Connections).
may collaborate. In 2014, twenty-three new Pro Bono Champions
will be recognized in AHLA’s Top Honors issue of
Many local bar organizations and non-profit AHLA Connections. Pro Bono Champions are also
legal services organizations maintain networks of acknowledged during the Association’s Annual
volunteer attorneys and firms willing to screen and Meeting.
handle pro bono matters. AHLA members may
wish to coordinate with these organizations to set We hope you will consider nominating a colleague
up panels of local firms interested in screening or who is worthy of receiving this award.
handling health law-related pro bono matters.
AHLA continues to explore new ways to enhance
and facilitate pro bono work in the health arena,
to expand the initiative to include highlights
of pro bono activity by AHLA members, to
provide recognition for AHLA members and
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Public Interest
Encouraging Pro Bono Engagement
The AHLA Young Professionals Council and Public Pro Bono Champions. Their stories are truly inspiring and
Interest Committee have been working together to it’s clear how each Champion’s commitment to providing pro
produce a Public Interest Pro Bono Interview Series bono services has impacted the lives of one or many.
that focuses on encouraging pro bono engagement.
These interviews appeared in the November 2013, February If you know someone who has been actively involved in
2014, and May 2014 issues of the AHLA Connections magazine, pro bono service and would be interested in sharing their
and each article featured two or three interviews with AHLA experiences in these future articles, please contact me.
members from a variety of work settings and practices who
have devoted a substantial amount of time to pro bono service. Jennifer L. Touse
By conducting these interviews, we hope you’ll learn from our Associate Counsel
interviewees’ experiences so that you can better understand BayCare Health System Inc.
how to get involved, how to balance pro bono service with our Clearwater, FL
other work obligations, and why understand it is so important
to make pro bono service a regular part of your entire legal Jennifer Touse (Jennifer.Touse@BayCare.
career. Our hope is that by sharing our interviewees’ stories org) is an Associate Counsel for BayCare
and advice, we will inspire others to become involved in pro Health System Inc., a leading community-
bono service too. based health system in the Tampa Bay area
with 12 not-for-profit hospitals numerous
This interview series is just one of many ways in which AHLA, outpatient facilities and services, and over
through its Public Interest Committee, encourages and 20,000 employees. Ms. Touse is involved in negotiating physi-
informs its members about the many ways in which health cian employment and affiliation agreements, negotiating infor-
care attorneys can help the neediest in our communities. Visit mation technology agreements, addressing fraud and abuse
www.healthlawyers.org/probono for information on how to matters, and handling other transactional matters. Jennifer
start a pro bono program in your own place of employment; received both her undergraduate and juris doctorate degrees
resources at the state and local levels; information regarding from the University of Florida, graduating as valedictorian of
national pro bono connections; and to read about AHLA’s her undergraduate class.
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Public Interest
One day, I had to explain to our General Counsel, Rachel
Justin Pitt, Vice President–Litigation and Seifert that I needed to leave an important meeting in order
Administration, Community Health Systems to get to the Clinic on time. She became curious and started
Professional Services Corporation, Franklin, TN asking me questions about the Clinic. Eventually, she started
attending walk-in clinics with me once a month as well. After
Interviewed by T.J. Ferrante both of us had been volunteering for a while, she decided that
Associate, Carlton Fields, Tampa, FL our Legal Department could partner with the Clinic to provide
our in-house lawyers with a regular opportunity to provide
pro bono assistance. The Clinic is now staffed with CHS
lawyers every first Tuesday of the month.
3 lease share a particular story of a pro bono
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client that you helped.
The most meaningful case that I’ve had through the Clinic
occurred when I was standing outside the Clinic being inter-
viewed by a local newspaper. There was an elderly gentleman
sitting a few feet away who was listening to me intently during
the interview. When the interview with the newspaper was
over, he walked over and sat down with me and began to tell
me his story about how he had been injured as a result of a
toxic tort. I listed to this gentleman for almost two hours and
as we started finishing up, he started weeping heavily – not just
a tear, but sobbing. He then looked at me and said that he had
been dealing with this for about nine months and that I was
the first person who had ever listened to him.
This was one of those moments where I realized that, yes we
are there to provide advice, yes we are there to try to help
people with their legal problems and all the other things that
1 How did you become involved with pro bono
work?
Since I graduated from law school, I’ve always tried to do a
attorneys do, but primarily, in legal aid clinics like this one,
sometimes what people need most is just having someone to
listen to them and treat them with dignity.
lot of pro bono work. I started at a very small law firm, and
we had a lot of people walk in needing help who didn’t have
the resources to pay for an attorney. It was difficult to turn so
many people away so I’ve always tried to make pro bono work
4 hat suggestions do you have for young attor-
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neys who may be hesitant to get involved with
pro bono activities because they feel they lack
a significant part of my practice. I took that approach with me expertise?
when I moved to a big firm in Nashville and later to CHS. My advice is that pro bono cases are actually the best way to
get that first experience. The best way to learn something is
2 lease describe your initial involvement with
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the Williamson County Legal Aid Clinic.
When I was in private practice in Nashville, I was involved
to do it. When I first came out of law school, I was in litiga-
tion, and I knew I needed courtroom experience. I knew that
if I took a pro bono landlord/tenant case or a pro bono car
with the Legal Aid Society of Middle Tennessee and the accident case, or something similar, that I could go down to
Cumberlands which provided a walk-in legal clinic once a general sessions court and try that case within two months.
month. Later, when I left my private law firm practice to work Pro bono cases are the perfect cases for when you don’t have a
in-house for CHS, the Legal Aid Society contacted me to see if lot of experience.
I would continue to volunteer with a new Williamson County
Legal Aid Clinic (Clinic) they were starting up. I agreed and My advice for younger lawyers whose expertise is in health
began volunteering at the Clinic once a month. care law and are hesitant about taking a litigation case or a
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divorce case or another case outside of their area of expertise
would be to find someone in their law firm or professional
network to be a “sounding board.” This doesn’t mean you need
7 ow do you estimate in advance the resources
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and time that a pro bono matter may take?
Find the lawyers in your firm who appear to be doing a lot of
to ask this person to partner with you on the case, but rather, pro bono work and pick their brains. People who do pro bono
just ask them to let you periodically bounce ideas off of them. work tend to be passionate about it and are usually willing to
talk about it. Talk to those people and you can often get advice
5 Does your organization, CHS, provide any addi-
tional pro bono training?
There are two kinds of training. The Legal Aid Society provides
and a sense from them of how much time a case will take. The
other great resource is the full-time lawyers with your local
legal aid society.
lawyers to walk us through how the process works at the
Clinic. The other way we receive training is to pair up our new When I moved to Nashville, I befriended one of the lawyers
lawyers with a lawyer that has more pro bono experience for at the legal aid society. I would often approach her and let
the first few Clinic sessions. This gives our new lawyers a feel her know, for example, that I had about 20 to 30 hours in the
for how the pro bono process works. I am thankful that CHS next four months to dedicate to pro bono work and would ask
has always been very supportive of the Legal Department’s pro whether there was anything in the pipeline that would fit that
bono initiatives. time commitment well. I would really encourage people to use
their local legal aid society. It is a great resource and they are
6 hat advice do you have for young lawyers
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who are faced with challenges associated with
very helpful in helping you pick the right kind of case.
time constraints?
The biggest challenge when I was a younger associate in a big law
firm was making my billable hours. To deal with this, I learned
8 ave you ever taken on a pro bono case or
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project that ended up being too much for you to
handle alone?
to let the partners I worked for know how many pro bono cases I Yes. Once, I took on a divorce case that ended up having some
had, what the cases were about, and why I was taking them. difficult child custody issues. I finally reached a point in that
case where I had to reach out to a friend of mine who worked
For example, if you take a pro bono case that’s going to go at another law firm and was a full-time divorce lawyer. After a
to trial, my advice would be to approach your partners and lot of begging and pleading, he agreed to help me with the case.
explain to them that you’re taking the pro bono case to gain When it comes down to it, you can’t be afraid to ask for help
trial experience and that trial experience will make you a more when you think you need it.
effective lawyer, while also assisting someone in need. You
will get much more buy-in from a law firm when you are open
and candid with your firm about what you are working on for
pro bono and explain to the firm why it benefits the firm and
9 o you have any ‘Dos and Don’ts’ when
D
agreeing to pro bono representation?
I think the biggest “Do” is to listen. You have to remember that
benefits you professionally while also providing a service to a lot of potential pro bono clients are not sophisticated business
the community. This may not completely do away with time people and do not understand the legal system. As a young
constraints, but it will usually result in the law firm being more lawyer, there were times when I did not listen long enough to
giving of its time. my client and I jumped to the wrong conclusions. I think that
with some pro bono clients, it takes a while to figure out what
Ultimately, however, there is no getting away from the fact the real issues are.
that taking on pro bono work as a young lawyer, especially in
a large law firm, is a sacrifice. But we are fortunate people, and The other big “Do” is to treat your pro bono client like you
there are a lot of people out there whose lives are much harder would your other clients. Define the attorney-client rela-
than ours. I think it is incumbent upon us to make the time tionship like you do with your other clients. Terminate the
because there are so many people who need help. attorney-client relationship like you would with your other
clients. Do this not only because they deserve to be treated that
way, but also because it will serve you well.
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Public Interest
10 I f young professionals don’t have a pro bono
program in place where they work, what
would you suggest that they do first to set up
Justin Pitt (justin_pitt@chs.net) currently serves as Vice
President of Litigation and Administration at Community
Health Systems Professional Services Corporation (CHS).
a pro bono program? Justin Pitt joined CHS in 2009 after nine years of private
If you are in an organization that doesn’t already have a pro practice in commercial litigation, health law and government
bono program, try to get one started. What I have found with relations. He provides litigation and operational support for
respect to pro bono work is that most everybody deep down multiple divisions and departments and is responsible for
wants to do it, but many lawyers believe they don’t know how the legal department’s administrative matters. Pitt received
to do it. For example, a HIPAA lawyer may be afraid to branch his undergraduate degree, cum laude, from Carson-Newman
out into a courtroom or may not know how he can otherwise College, and his law degree from Washington Univer-
contribute. sity (Order of the Coif), where he was a William Webster
Fellow. He is a current member and former Chairman of the
If you want to make a difference, figure out the “how.” I think Tennessee Bureau of Ethics and Campaign Finance. Mr. Pitt is
that if you figure out the “how,” not only will other lawyers in an active AHLA member and serves on the Dispute Resolution
your firm participate, but I believe your company will be more Council.
likely to participate. People want to do good; they just need to
figure out the “how.” Thomas (T.J.) Ferrante (TFerrante@
carltonfields.com) focuses his practice on
11 hat general advice can you give to young
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health care lawyers?
Make sure that your pro bono work puts you in actual contact
a wide range of transactional and related
regulatory issues for health industry clients,
including for-profit and not-for-profit hospi-
with people in need. These are the people who come into your tals and health systems, multi-specialty physi-
client’s hospitals. These are the people who walk into your cian practice groups, and long-term care providers. He also
physician client’s offices. These are your client’s clients. I think advises health care clients in all aspects of federal and state
this type of pro bono work gives you a fantastic perspective regulatory matters and handles federal and state tax matters
and experience and really teaches you how to listen. with respect to individual, corporate, tax exempt organiza-
tion, and pass-through entities. Mr. Ferrante received a BA
Also, on a bigger scale, even though we are all worried about in Philosophy in Spanish from the College of the Holy Cross
billable hours and advancing our careers, it is important to (2007) in Worcester, MA, and an MBA in Finance from the
remember that pro bono activities will give you an over- Sykes College of Business at the University of Tampa (2009).
whelming sense of perspective. Often, I’ll hear myself or one Mr. Ferrante then received his JD (2011) and LLM in Taxation
of our other lawyers grumble about going to the Clinic and the (2012) from Boston University School of Law.
drive across town after work, fighting rush hour traffic, to get
there, but the day after, we are always grateful that we went to
the Clinic.
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Public Interest
will generally do that on its own. As a pro bono attorney, you
have to allow the client enough space to share their story. I give
Bradley M. Thompson the clients the opportunity to share with me everything that they
Epstein Becker & Green PC, Washington, DC feel they need to in conveying their reason for seeking the clinic’s
assistance. I can talk with a client for an hour or more and wind
Interviewed by Lauren DeWitt up with one or two paragraphs of legally relevant facts, but it is
Associate, Weber Gallagher, Warren, NJ important that they feel like they have been heard.
Follow-up questions are also important, and that is where I
utilize more of my traditional legal skills. I figure out what are the
best questions to ask, identify potential legal issues and forward
the client on to the resource that would most benefit them.
3 lease describe an unexpected benefit of the
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pro bono work that you do.
I have gained humility and an increased ability to empathize
from my involvement with pro bono work. Through my
involvement at the Christian legal clinics, I have the oppor-
tunity to understand better what people struggle with in this
country. As lawyers, we are a privileged group of people and we
do not always recognize that.
4 hat suggestions do you have for young attor-
W
neys who may be hesitant to get involved in
pro bono activities because they feel they lack
expertise?
My advice would be to find organizations where you do not
necessarily need expertise. There are not many opportunities
1 hy did you initially become involved in pro
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bono work?
It was my Christian faith that initially prompted me to get
to practice food and drug law on a pro bono level. Legal clinics
formed through the Gospel Justice Initiative utilize a three step
process. First there is an intake screening, the client is then
involved in pro bono work. I felt called to help people in my routed to the department within the clinic that focuses on that
community who might otherwise not have access to legal area of the law, and finally, the client may be routed to someone
representation. I became involved with the Gospel Justice in our network of volunteer attorneys who specialize in various
Initiative (www.gji.org), which allowed me to utilize my legal areas of the law. I do the intake on Saturdays at my local legal
skills, along with my Christian beliefs, to help others. The clinic. Doing the intake has given me the opportunity to help
Gospel Justice Initiative connects experienced attorneys who people without having any expertise in the particular area of
volunteer to provide legal services to society’s most vulnerable law pertinent to that client. I utilize those skills that we all have
and underrepresented populations through Christian legal as lawyers: listening, questioning, critical thinking and iden-
clinics (also known as “Justice Centers”). The Gospel Justice tifying issues. I work with a team of people and together we
Initiative also provides attorneys with a framework to support try to meet the client’s needs. Sometimes the clients don’t need
and sustain a Christian legal clinic in their area. At this point, legal help but rather need guidance on where they can obtain
we have 50 Christian legal clinics in the United States, and our social services or assistance of another kind.
goal is to establish 1,000 clinics.
For example, one day while doing intake at the clinic an
2 hat type of skills do you rely on most in your
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pro bono work?
I find I utilize vastly different skills in my pro bono work than
80-year-old woman hobbled into my office using a walker. She
had severe diabetes, with all of the side effects that accompany
the advanced stage, including loss of eyesight and loss of the
I do in my food and drug practice, drawing primarily upon my function of her extremities. I asked her how we could help her.
human relations skills. The single most important thing I can do She took some crumpled papers out of her purse, and spread
for a client is to listen to them. I have learned how important it them on the table in front of me. She explained that because
is that you show pro bono clients that you care; intently listening of her eyesight she couldn’t read them very well. She offered
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Public Interest
her general understanding that they were from the Board of programs. This allows an individual attorney to spearhead an
Health, and that they were condemning her home. I looked effort but not without guidance, assistance and a network of
at the papers, and they indeed said her home was going to individuals that they can call upon should they need help.
be condemned. I asked her how this had come to be. She
explained that a nice woman from the Board of Health came
to visit her, and had asked to look around. This inspector noted
conditions around her house that needed fixing, and this
6 o you have any other advice for young
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professionals about pro bono work?
We are all busy and it is difficult to fit pro bono work into our
paper arrived sometime later. I got excited. As a food and drug busy practices. However, you should never lessen quality to get
lawyer, in nearly every case for the clinic, I don’t know a darn the job done. You should always do the best job you can do and
thing that is useful. However, I do know something about the the best job that can be done under the circumstances. You
power of government agencies on health matters. will get a great amount of personal satisfaction from doing pro
bono work and doing it well.
Immediately, my mind starts going through Supreme Court
case law on the requirements for lawful inspection. So I start Bradley Merrill Thompson (bthompson@ebglaw.com) is a
brainstorming out loud with this woman, and she just looks shareholder in the law firm of Epstein Becker & Green PC. There
at me confused. Then she states that she wants to make sure he counsels medical device, drug, and combination product
that I understand that all of the things that the inspector found companies on a wide range of FDA regulatory and reimburse-
broken are indeed broken. I explained that as an attorney, I ment issues. At the firm, Mr. Thompson leads the Medical
will decide whether the conditions do in fact meet the require- Device Regulatory Practice, the Clinical Trials Practice and the
ments. She continues to just look at me puzzled and perhaps Connected Health Practice, and serves on the firm’s Health &
with a bit of pity. I go back into my thinking mode about how Life Sciences Steering Committee. Mr. Thompson has taught
I’m going to challenge this inspection, and then there’s the small food & drug law at Indiana University School of Law-Indianap-
voice from my right side. The paralegal who has been sitting olis and Columbia Law School and serves on several editorial
there says she has an idea. She has a friend at her church who is boards. In 2013, Mr. Thompson is serving on a congressionally-
willing to help the elderly with basic home maintenance for free. authorized federal advisory committee called the Food and Drug
He spends a couple hours each weekend fixing broken stuff to Administration Safety Innovation Act (FDASIA) Workgroup.
help out the elderly if they’re all alone. My paralegal is looking That workgroup is charged with providing expert input to FDA,
at the individual items on the list and explaining how relatively ONC, and the FCC on a regulatory framework for health infor-
simple it would be to fix them. Well, I say, that’s another way to mation technology, including mobile medical applications. On
go, so I asked the client which she would prefer. She opts for the that workgroup, Mr. Thompson serves as co-chair of the Regula-
handyman route. tions sub-workgroup. Mr. Thompson has written extensively on
the topics of medical device regulation. He was included in 100
That experience highlights how expertise is not always the Notable People in the Medical Device Industry, has earned an
most important thing. In that instance I had expertise in that AV rating in Martindale Hubble (its highest rating), has been
specific area of the law but the legal route was not necessarily named a “SuperLawyer” in Indiana and Washington DC, has
in the client’s best interest. Rather through working with my been elected as a Fellow in the American Bar Foundation and is
teammate and drawing on community resources we were able listed in Chambers USA: A Guide to America’s Leading Business
to help this client and improve her quality of life. Lawyers. Mr. Thompson received his BA cum laude, and an MBA
from the University of Illinois and his JD cum laude from the
5 I f young professionals don’t have a pro bono
program in place where they work, what would
you suggest that they do first to set up a pro
University of Michigan Law School.
Lauren A. DeWitt (ldewitt@wglaw.com) is
bono program or to provide pro bono service on an Associate at Weber Gallagher in Warren,
their own? NJ. She represents health care providers in
I would suggest young professionals never work alone in doing regulatory and transactional matters. Lauren
pro bono work. We are stronger when we work together and it also represents health care providers in
makes us more effective in providing assistance to populations medical professional liability cases. Her clients
in need when we have others with varying expertise and skills include acute care facilities, long-term care facilities, physi-
to draw upon. That is what I find so helpful about the Gospel cians, nurses and technicians. She is a graduate of Seton Hall
Justice Initiative; it helps connect attorneys interested in pro University School of Law and Rutgers University.
bono work with other like-minded individuals in their area.
The Gospel Justice Initiative gives classes on how to organize
Christian legal clinics and advice on best practices for free legal
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Public Interest
national level. As a law professor at Nova Southeastern Univer-
sity (NSU) Shepard Broad Law Center, I’m trying to tackle the
Kathy Cerminara issue from a community angle.
Nova Southeastern University, Davie, FL
The “Wounds of War” symposium, which I organized with my
Interviewed by Amy Sanders colleague Olympia Duhart, also a law professor, grew out of a
Associate, Bass Berry & Sims PLC, Nashville, TN collective effort at NSU to focus on veterans’ issues. Another
project is still in the works: we are launching a veterans’ clinic
at the NSU Law Center in the early months of 2014, which I
hope will develop into a medical/legal partnership to address
legal and mental health issues simultaneously. Mental health
issues can trigger legal issues–you can’t fix the whole problem
if you only fix the legal problem.
2 hat suggestions do you have for young attor-
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neys who may be hesitant to get involved with
veterans’ issues or other pro bono activities
because they feel they lack expertise?
All lawyers start somewhere. There’s a first time for every-
thing. Ask questions of others who know the field, and do your
research. I recall feeling overwhelmed and terrified about a pro
bono paternity case I took on while working as an associate
in the litigation department of a law firm. The firm’s pro bono
efforts centered on paternity cases, so, moving past my fear that
I lacked useful skills, I asked others for advice. Higher level
associates and a few partners passed along information that
quieted the overwhelming feeling. I learned you have to jump
in and represent the client (after sufficient preparation) to move
past the feeling of being terrified.
1 ow and why did you choose to become
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involved with Post-Traumatic Stress Disorder
(PTSD) awareness and research? 3 lease tell us about the teamwork behind your
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pro bono efforts.
The child of a marine, my respect for military personnel and The year before I became involved with this project, our school
veterans runs deep. My father returned from Korea physically decided to launch a law review symposium series. The faculty
and mentally intact, his good fortune growing increasingly member who organized the first symposium, Michael Dale,
apparent to me as I noticed that certain symptoms were preva- suggested PTSD as a focus of the second symposium. I was
lent in other soldiers and veterans. I met veterans living on a immediately attracted to the idea because of the great need for
spectrum with an inexplicable tipping point—one was insti- increased awareness and appreciation of the special issues faced
tutionalized due to mental health issues, another lived in his by veterans and active-duty military personnel with PTSD. The
car because he was unable to ease back into life at home. I saw area was a nice fit for me because of my health law expertise,
how easily Post-Traumatic Stress Disorder (PTSD) could rob and it was a nice fit for Professor Duhart, because of her focus
soldiers and veterans of the respect they deserve. The National on social justice in her work and writing. It was also a great way
Institute of Mental Health recognizes PTSD as an invisible to spark the interest of students and teach them about veterans’
brain injury that changes or damages the body’s natural “fight- issues before we launched the clinic. Some of them might
or-flight” response. eventually work in the clinic. Also, fortuitous timing allowed
the day to be capped off by the hiring announcement of a staff
The Department of Defense, Department of Veterans Affairs, attorney for the clinic.
the National Institutes of Health, and the Department of
Education recently committed to integrating and sharing The team behind the PTSD symposium stretched beyond
research in order to accelerate progress on the issue at a the walls of the school, though, and helped to form lasting
8Public Interest
relationships. The event so impressed the judge of our county
mental health court and the judge of our veterans’ court that
they have both returned to assist with other projects in which
7 ow is your pro bono work different from
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your day-to-day work? How do you transition
between the two?
I’ve been involved. It is both different from and similar to my day-to-day work.
The time spent conceptualizing, planning, and putting on this
4 ithout disclosing any confidential informa-
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tion, can you tell us about someone whom you
have helped through your efforts?
symposium was different from my classroom teaching in that
it took place very much in private or in one-on-one conversa-
tions and email exchanges with others. In that way, it’s a bit
A student came to me after the symposium to share his own like the part of my job that involves writing scholarly articles
PTSD stories, and explained he was inspired to help others –another relatively solitary activity. To be a teacher, you have
who are struggling. Just talking about the issue is a step to be “on” during class, almost like an actor going onstage or
forward. The staff attorney NSU hired for the clinic noted that a trial lawyer going into trial. This planning was much more
veterans returning from recent missions to places like Iraq about research and about being detail-oriented, which is what
represented a new era of veteran. They have served in multiple I have to do with my scholarship.
combat tours, yet they come back and are still so young—they
are in graduate education programs or begin serving at the
professional level so soon after combat. 8 id the school provide any additional training
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that helped you?
No training, but it did provide the most amazing resource in
5 hat is your favorite memory from this experi-
W
ence and/or what are you most proud of?
My favorite memory is the audience’s reaction to a slide show
the form of our director of communications and special events,
Jennifer Jarema. Once Professor Duhart and I had conceptual-
ized our program and identified the participants, all we had
featuring Pulitzer-Prize-winning photographs. It silenced to do was to secure their agreement to participate. Jennifer
everyone with its images of an Iraq veteran’s small victories produced the brochure, handled travel arrangements, booked
over PTSD contrasted with moments of startling despair. You rooms—she did all the groundwork.
could hear a pin drop in the large auditorium.
I’m most proud of the combination of speakers at the sympo-
sium. We had a member of active-duty military, a veteran who
9 ow has your pro bono service made you a
H
better professor?
It’s reawakened an interest in me in therapeutic jurisprudence,
shared his PTSD struggles for the first time, the most noted the legal theory that asserts that the law should work toward
expert on PTSD-related suicide in the country, a high-level good psychological functioning of its citizens. Becoming more
expert in the Department of Defense, and many non-lawyer familiar with PTSD and its effects and learning more about the
participants. Several veterans were seated in the audience and veterans’ court and other ways the law could be more “thera-
added further insight, thanks to the publicity of the event peutic” toward those with PTSD has inspired me to raise such
through a local veteran’s hospital. I think this gave the audience a issues with my students.
well-rounded look at PTSD and the issues it raises.
6 hat benefit are you hoping the veteran’s clinic
W
brings to the community?
10 side from time constraints, what is the
A
biggest challenge that you face in your pro
bono work?
It’s informative to look to an existing program in our area: Honestly, the biggest challenge can be getting help from
one symposium panelist was the judge of the Broward County others—which I understand, as sometimes it’s difficult to
Veterans’ Court, a pretrial diversion program designed for volunteer my own time and effort. That said, there’s a lot
veterans struggling with PTSD. Instead of doling out punish- of good will to be had when people learn that you support
ment for breaking the law, veterans’ courts recognize that a veterans in their efforts to get on with their lives after
veteran’s unlawful actions may be caused by PTSD and try returning from duty. We owe so much to those who help
to help veterans find therapeutic alternatives. I believe in protect us and our freedoms; many people are happy to
the principle of cooperative representation–the law can and support those who help them.
should work hand in hand with other professions to assist in
improving mental health. The law school is just one part of a
university campus that has many services that could poten-
tially benefit veterans.
9Public Interest Professor Kathy Cerminara (cerminarak@nsu.law.nova. University. She is an affiliate member of the Health Law and edu) bridges the medical and legal professions with her work Tort Trial and Insurance sections of The Florida Bar, a retired on patients’ rights in the end-of-life decision-making arena. member of the Pennsylvania Bar, and a member of the Amer- She co-authors the nationally known treatise, The Right to Die: ican Bar Association, the American Society of Law, Medicine & The Law of End-of-Life Decisionmaking, and is a reviewer for Ethics and the American Health Lawyers Association. several medical and medical-legal journals. Her scholarship most recently has focused on the intersection between end-of- Amy Sanders (asanders@bassberry.com) is life care, palliative care, and health care coverage policy. At the an associate at Bass Berry & Sims PLC in Nash- Nova Southeastern University Shepard Broad Law Center, she is ville, TN. She focuses on operational, regulatory a full professor and serves as Director of Faculty Development. and transactional work for health care providers Professor Cerminara teaches Torts, Health Policy, Bioethics ranging from hospitals and urgent care centers & Quality of Care, Administrative Law, Civil Procedure, and to home health providers and hospice. Before other health-law-related courses. She also created and was joining the firm’s health care group, Amy gained experience at the initial director of the online Master of Science in Health the Tennessee Department of Health and Vanderbilt Univer- Law program for non-lawyers. Prior to joining the Law Center sity’s Center for Patient and Professional Advocacy. Ms. Sanders faculty, Professor Cerminara taught at St. Thomas University earned her law degree from Vanderbilt University. She attended School of Law and the University of Miami School of Law, Sheridan College in Oakville, Ontario and received an Ontario clerked in the Western District of Pennsylvania and the United College Graduate Certificate in Journalism: New Media and States Court of Appeals for the Third Circuit, and practiced law attended The University of Western Ontario where she received a with Reed Smith Shaw & McClay in Pittsburgh, PA. Professor BA in Media, Information and Technoculture. Cerminara received her JD, magna cum laude from the University of Pittsburgh and her LLM and JSD from Columbia 10
Public Interest
to mind. As a result, I decided to begin representing indi-
Mark Cunningham gent criminal defendants. My first criminal case was a drug
Jones Walker LLP possession with intent to distribute case. The more criminal
New Orleans, LA cases I took on, the more confidence and experience I gained,
and over the past sixteen years, I have handled over twenty
Interviewed by Laurice M. Rutledge, Associate, criminal cases, including two capital murder cases. Although
McKenna Long & Aldridge LLP, Atlanta, GA many of these cases required hundreds of hours of attorney
and paralegal time, I viewed the time as very well spent.
3 You initially became involved in pro bono work to
build your litigation skills. Do you view pro bono
work as a significant professional development tool?
Absolutely. It has been a critical role in my professional devel-
opment. Pro bono work is personally fulfilling and has made
me a better lawyer. For instance, I gained valuable trial expe-
rience though my pro bono criminal defense practice, the
pro bono work has raised my profile both inside and outside
my law firm, and I have developed a much wider network of
professional relationships than I would have, had I focused
solely on my “day” job.
4 What suggestions do you have for young attor-
neys who may be hesitant to get involved with
pro bono activities because they feel they lack
expertise?
My advice is that all attorneys should accept pro bono cases
only if they are prepared to show their clients the same level
of commitment afforded paying clients. Attorneys also should
1 What type of pro bono work you are involved in?
I am a long time supporter of, and continue to be dedicated
aim to take on cases in areas of the law that interest them
and that are well-suited to their level of experience. That
said, attorneys should not necessarily turn down a pro bono
to, the New Orleans Musicians Clinic (NOMC) and Assis- opportunity simply because it would require the attorney to
tance Foundation (NOMAF). I am also a volunteer lawyer work in an area of law where they have little experience, as
and former Board Chair of The Pro Bono Project (PBP), an subject matter experts are almost always available to provide
organization which provides free civil legal services through assistance either as co-counsel or on an informal basis.
a network of volunteer lawyers to under-served communities
in the New Orleans metropolitan area. Over the course of my
career, I have also provided pro bono litigation services to
nonprofits such as the Innocence Project and regularly accept
5 Please explain how you have used your pro
bono experience to help effect public policy
changes.
pro bono appointments for individuals charged in state court In 2012, the public defender system in New Orleans experi-
with criminal offenses. enced a funding shortfall. Some state court judges reacted
by appointing members of the private bar to help clear their
2 How did you become involved in pro bono
work?
I am an antitrust lawyer by “day” and realized early on in my
criminal dockets. This resulted in in-house, firm and other
civil attorneys being called on to accept criminal defense
cases even if they had no prior criminal law experience.
career that if I wanted to be a successful litigator, I needed Although I understood why the judges felt like they had little
to log hours in the courtroom because as a junior associate choice but to appoint private counsel, I also believed that
in a large law firm, such opportunities were hard to come this system raised serious due process concerns for indigent
by. When thinking about the types of lawyers who spend defendants who would be represented by attorneys with no
the most time in the courtroom, criminal attorneys came criminal law experience. Working with the district public
11Public Interest
defender, I organized a consortium of the larger private law order and preliminary injunction against an international
firms in New Orleans to take on indigent representations recycling concern charged with federal antitrust violations.
until the funding crisis could be resolved. Everyone in the Mr. Cunningham also recently served as lead counsel for a
legal community chipped in–the private law firms dedicated software concern targeted by federal authorities for allegedly
thousands of hours of attorney time, the criminal defense bar violating the embargo against Iran. Mr. Cunningham also
made themselves available as consultant to the private firms, recently obtained a preliminary injunction against a soft-
West donated hundreds of criminal procedure handbooks, ware licensee pirating software on behalf of hacker syndicate
and the state and local bars helped recruit volunteers. All located in Eastern Europe and a not-guilty verdict on behalf
told this community effort donated well over $1 million in of a wrongfully accused juvenile facing a mandatory life
attorney time. sentence. In addition to his trial practice, Mr. Cunningham
serves as an adjunct professor for Antitrust Law at Loyola
6 How do you balance your robust pro bono prac-
tice with your full time client demands?
Well, I consider the practice of law to be more of a hobby
University New Orleans College of Law and has held
numerous leadership positions in the ABA, Louisiana State
Bar Association, and the New Orleans Bar Association.
than a job. I believe that as a member of the bar, it is my duty
to provide legal services to those who would otherwise have Laurice Rutledge (lrutledge@mcken-
limited access to such services, and I gain a sense of fulfill- nalong.com) focuses her practice on health
ment and enrichment from the pro bono work that I do. care law, advising clients in connection with
Making a difference in someone’s life is a true gift. regulatory, compliance, and corporate health
care matters, including the structuring of
7 Does Jones Walker support your dedication to
pro bono work?
Jones Walker’s support has been invaluable in my commit-
transactions among health care providers,
confidentiality and privacy of medical records, the establish-
ment and implementation of compliance programs, reim-
ment to pro bono services. The firm does not require its bursement matters, clinical research related matters, and
attorneys to perform a certain number of pro bono hours health care fraud and abuse issues. Currently, Ms. Rutledge
per year but instead takes an entrepreneurial approach to is the Secretary for the Law Pipeline Program, a non-profit
pro bono services. Jones Walker provides its attorneys with organization that works to ensure that middle and high
the monetary resources and staff to take such cases, thereby school students in the Atlanta community have the resources
encouraging its attorneys to become involved in, and give and experiences necessary to be successful after high school
back to, their communities. As a result, I have always felt in hopes that they will enter the pipeline of legal profes-
supported and free to pursue my pro bono efforts and in sionals. Ms. Rutledge is also the Chair for the Georgia Bar’s
turn I have been dedicated to Jones Walker and my full-time Advocates for Students with Disabilities Committee where
practice. she has worked to create the Education Advocacy for Students
with Special Needs Program, which pairs low-income parents
Mark Cunningham (mcunningham@joneswalker.com) of children with special needs with pro bono attorneys. While
is a partner with the Corporate Compliance and Litigation in law school, Ms. Rutledge served as the Symposium Editor
Team and maintains an active national trial and appellate for The Georgia State University Law Review and was on the
practice focused on antitrust, intellectual property, export Moot Court Board. Prior to law school, Ms. Rutledge worked
control, and commercial dispute. He has been annually as a senior associate for LECG in Washington, DC where she
recognized by Benchmark Litigation, Super Lawyers, The helped develop the consulting firm’s health care litigation
Best Lawyers in America, and New Orleans City Business sector. She received her JD from Georgia State University,
for his trial work and leadership in the New Orleans legal 2010, magna cum laude and her B.A. from The College of
community since 2009. His recent significant engagements William and Mary, 2004, cum laude.
include defeating an application for temporary restraining
12Public Interest
questions that are outside your comfort zone while providing
Lisa M. Kaderabek pro bono service, I have always found that people within my
Partner, McDermott Will & Emery LLP firm will step up to the occasion and assist. In a polite way,
Chicago, IL simply ask your colleagues for help and of course be helpful
to them in return.
Interviewed by Sarah Jordan, Staff Attorney,
Palomar Health, San Diego, CA
3 Without disclosing any confidential informa-
tion, can you tell us about a case you handled,
a client you helped?
I recently helped two not-for-profit associations that joined
forces. One of the two organizations was over 100 years old.
I enjoyed the history that came with this project, and I found
the opportunity to work alongside the not-for-profit boards
that wanted to ensure they were doing the right thing to
support the missions of the organizations especially inter-
esting. It was also fun to be involved in the array of issues
that come up in such a transaction. For example, the plan
of communication surrounding the announcement of the
two associations’ combination was important, and we had
to consider how to handle the communication of the change
to donors, clients and the media. This was not a transaction
directly related to health care, but it was a 501(c)(3) not-for-
profit transaction, and helping contribute to the successful
combination of these two associations was a dynamic and
rewarding project.
4 Aside from time constraints, what is the biggest
challenge you face in your pro bono work?
1 How did you initially become involved with
The Women’s Treatment Center of Chicago?
My partner, Andrea Kramer (Andie), was a founding board
Because a lot of my pro bono work comes from acting in a
general counsel role, there are times when I get questions
from clients that are outside my area. In situations like this,
member of The Women’s Treatment Center, an Illinois I take entire ownership of the project and handle it just as
501(c)(3) agency, whose mission is to provide women with I would tackle a project in my firm or personal life–I get
a continuum of care, recovery tools, and parenting skills educated. If you take entire ownership of the project, then
to maintain a sober lifestyle as they rebuild their lives and you think about the project as if it was your own project. By
futures and mend the bonds with their families. In 1993, reading about the issue online, speaking with relevant people
TWTC had a pooled bond arrangement, and my first project about it, and conducting research, you can find a working
for TWTC was to analyze this tax-exempt bond debt. I approach to the problem. In general, do not give up. Keep
helped TWTC determine whether the interest rate and bond pulling the thread until you find the person who can help you
covenants were still appropriate, given the small amount of with it. After all, if you do not do it, then who will?
debt outstanding.
2 What suggestions do you have for young
attorneys who may be hesitant to get involved
5 How is your pro bono work different from
your day-to-day work? How do you transition
between the two?
in pro bono activities because they feel they lack I do not treat them very differently at all. Once you take on
expertise? pro bono work, you spend just as much time on it as you
If young professionals talk to their coworkers, I believe they do on your non-pro bono work. While you do not need to
are likely to find support for what they want to do. In addition differentiate, you do need to ensure you manage expectations
to general support, they may also find that people are likely in terms of delivery. If you have to find another person to help
to be willing to help them out for causes in which they are you with a project, then you will want to ensure that timing is
interested or from a sense of collegiality. While you may get okay in terms of project delivery.
13Public Interest
6 If young professionals do not have a pro bono
program in place where they work, what would
you suggest that they do first if they are interested
go to court and you are not comfortable handling a liti-
gated matter alone, make sure you connect with a litigation
colleague who will help you.
in setting up a pro bono program? Or if they are
interested in providing pro bono service on their
own?
There are a lot of bar and other agencies out there that are
8 How and why did you choose what you are
doing?
While I initially became involved in pro bono work because
always looking for pro bono help. Some agencies have nicely my partner asked me to, I thoroughly enjoy the work I do on a
structured programs, which are good for young associates pro bono basis. I enjoy getting calls on a day-to-day basis and
who would like to know they are not getting in over their it is dynamic and never the same. Making sure that women
heads. There are also programs that provide training for the are able to get into substance abuse treatment and have their
volunteer attorneys (e.g., school counseling programs, tax children provided for at the same time is a cause that is dear
return preparation programs). to my heart. Through pro bono work, I am able to interact
with people on a human level. Pro bono work improves lives,
If a young professional is already involved in his/her commu- your own included.
nity with causes in which he/she is interested, there is another
route to take–often times, all as it takes is asking the execu-
tive director or a staffer if the organization needs legal help.
If a young associate finds a project of this nature that the
9 What types of skills do you rely on most?
Listening and counseling skills. At the outset, you have to
listen, and this includes listening to how the entity anticipates
associate is willing to take on, then the associate can turn to addressing the issue and potentially recommending an alter-
the firm’s pro bono committee (if the firm has one), and see native solution. For example, when managers or the board are
if the associate can go through the firm’s policy or procedure considering alternative actions, it is important that they have
of bringing on/taking on a new pro bono project. This path a robust understanding of the pros and cons.
permits younger attorneys to work for causes about which
they are genuinely passionate.
For young professionals who are not already involved in
10
attorney?
Do you think that your experience providing
pro bono work has made you a better
community projects, there may be yet another route to Yes. I have been able to do projects that I probably would not
explore potential pro bono opportunities. For instance, in have done otherwise. The beauty of the pro bono projects is
any law firm, and even in in-house settings at health care that you are helping people. The idea that what we are doing
entities, some of the charitable activities your supervisors and is touching human lives is very important to me.
colleagues are involved in are likely in the transactional area.
For young professionals who do not want to go too far out
of their comfort zone, ask the people you work with or your
friends or neighbors what causes they care about, and explore
11 Does your firm have a program that helps
people get involved in pro bono work?
The American Bar Association (ABA) has pro bono goals, and
potential opportunities that way. McDermott Will & Emery always strives to meet them. There
are a wide variety of firm-sanctioned pro bono opportunities,
7 What kind of questions do you ask when
screening a pro bono case before agreeing to
take it on?
including tutoring in the schools and developing lesson plans
for public school students who need special services. Associ-
ates here, as in many large firms, have the ability to either
You do always want to check conflicts before committing to step into ready-made programs, or bring their own projects to
any project. Even if you have assisted a client on a long-term the firm’s pro bono committee for approval.
basis, you still need to run a conflict check for each project. It
is also important to ask a sufficient number of questions from Lisa M. Kaderabek (lkaderabek@mwe.com) is a partner
the outset, so you have a full understanding of the project. If in the law firm of McDermott Will & Emery LLP and is based
the project looks like it might be outside of your expertise, in the firm’s Chicago, IL, office. She focuses her practice on
ensure that you would be able to staff the project appropri- health care transactions, including securities offerings, joint
ately. For example, if the matter will involve you having to ventures, physician/hospital syndications, tax-exempt bond
financings, captive insurance, mergers and acquisi-
14Public Interest
tions, partnerships, corporate governance and forma- Sarah E. Jordan (Sarah.Jordan@palomar-
tion. Ms. Kaderabek advises and represents a wide health.org) is a Staff Attorney for Palomar
variety of clients, including issuers and underwriters Health, a health care district in southern
of publicly and privately offered securities, including California with several facilities. Ms. Jordan
bonds, financial institutions, hospitals, other health care is involved in contract review and nego-
and medical equipment providers, captive insurance tiating the health care district’s business
industry participants, business corporations, limited associate agreements. Ms. Jordan received a BA in Spanish
liability companies and partnerships. She is a frequent and Sociocultural Psychology from Bates College (2009) in
lecturer on securities laws, corporate governance and Lewiston, ME, and a JD from California Western School of
the impact of federal and state securities laws on health Law (2012) in San Diego, CA. Ms. Jordan is a member of Cali-
care transactions. Ms. Kaderabek is a recipient of the fornia Western’s School of Law Public Service and Pro Bono
2012 National Public Service Award from the American Honor Societies.
Bar Association Business Law Section, the Inaugural
American Health Lawyers Association Pro Bono Cham-
pion Award for 2010 and 2011, as well as the firm’s 2012
Pro Bono Award.
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