CAP Volunteer Thanks

To share his story on why he does pro bono, we talked with Mac Finlayson, Senior Counsel at Eller & Detrich, and chair of TCBA’s Pro Bono Committee. The Pro Bono Committee operates the Court Assistance Project, providing pro bono representation to tenants facing eviction in Tulsa County.

I believe I started volunteering as a pro bono lawyer about three and a half to four years ago. I have chaired the TCBA Pro Bono Committee for two years.

What surprised me the most about volunteering was the level of gratitude from our tenant-clients. Often, they simply needed someone they trust to explain their options under the law and to know we were there for them. For many, the fact someone cared enough to appear to represent them on a pro bono basis was uplifting and often emotional. Tenants in this demographic often have become used to being beat up and giving up. Our appearance gives them some measure of hope, where there was none before. Of course, most were frightened and believed a courtroom experience would not work to their benefit. That the system was rigged against them. But, when we got some order into the process, got them somewhat relaxed, and negotiated an orderly transition for them, they were very grateful.

Rule 6.1 of the Oklahoma Rules for Professional Conduct encourages lawyers to render public interest legal service, and certainly, preventing homelessness is a public interest service. Many of these tenants in FED court are facing homelessness, and the eviction process can be the final predicate to homelessness. Rule 6.1 can be satisfied by providing financial support to organizations supplying legal services, but I would suggest engaging with people in need is not only rewarding on a personal level but would point out there is nothing to prevent you from doing both! I encourage financial support for public interest initiatives, but I also believe active pro bono representation is equally important and rewarding. We [CAP] only ask that you volunteer one afternoon per month and provide malpractice coverage for these limited scope engagements.

Volunteering at this level is also an excellent opportunity for young lawyers who may otherwise be stuck in the library to get into a courtroom and develop trial and public speaking skills to yield more effective presentations. It may take some a while to learn to talk on their feet. This is an excellent training opportunity.

Stop thinking or talking about it and just volunteer. Lack of experience in residential landlord-tenant law should not discourage you. We will teach you! I knew little about it when I began. We have a 1-hour video presentation of landlord-tenant law (Oklahoma Residential Landlord-Tenant Act) and an ORLTA Handbook with citations of law to both statutes and decisions, with appendixes that include those statutory provisions and the actual decisions. Frankly, if I can do it, you can, too. I take that handbook to court with me each time I appear. Having the law at your fingertips (when the opposition typically does not) yields a more positive result. The video presentation will also allow you to earn 1 hour of free CLE from the OBA, and because it is recorded, scheduling is convenient. The materials are yours to keep. I would also encourage you to join the TCBA Pro Bono Committee (we meet the first Monday of each month – the next meeting is August 2). We just restarted in-person meetings where we share information over lunch (provided) about the law and trends that are useful in this courtroom setting. We are now also focusing on eviction mitigation initiatives. This exchange of information is very helpful. There are also volunteers to call on who have done this type of work for some time that can provide assistance and answer questions you might encounter. With the training, materials and people we have available for you, there is a strong support network at your disposal. See you in court! (In a good sort of way.) We applaud Mac and all the dedicated TCBA attorneys who generously give of their time and talent to those who need legal assistance. For anyone looking for a pro bono opportunity, please visit the statewide pro bono portal at okprobono.org to review and volunteer for over 70 projects with more than a dozen legal services providers.