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BarJournal FEATuRE

JULY/AUGUST 2015
ExTra a Solution to access to Justice:

Pro Bono Requirement for

Admission to the Ohio Bar

BY MARK M. MIKHAIEL

Each day, Ohioans require legal “Access to justice” is a phrase often used fees. Further, without a lawyer to assist the
assistance to secure basic needs such within bar associations, legal aid societies, business owner, she may be outmatched in
as housing, education, employment, and nonprofit organizations to refer to an any efforts to negotiate. Litigators often do
health care, and personal and family individual’s ability to obtain a remedy for a not start negotiating at a reasonable place;
‘‘safety. Many persons of limited means grievance, usually through a formal judicial rather they start at what many would consider
are unable to afford such assistance, and process. Certainly, there are several obvious unreasonably high or low dollars and work
legal aid programs must concentrate limited barriers to justice: some financial, geographic, from there. For many business owners, this is
resources on those matters where the needs logistical or linguistic, to name a few. As impractical and immediately puts them in an
are most critical.” This is the introductory attorneys, we intrinsically accept that all inferior position to the well-represented side.
sentence of the Supreme Court of Ohio’s Ohioans should have access to fair, transparent, Is there a remedy to ensure that not only
statement on Pro Bono Legal Services in effective, non-discriminatory and accountable indigent individuals have access to adequate
September 2007 and is as relevant today as it legal services. But one of the major obstacles representation, but also individuals of modest
was then. in accessing justice is the cost of legal services. means, like our business owner? Based on the
We have heard examples of the indigent single model that the state of New York has adopted,
mother being wrongfully evicted by the slumlord, I propose that Ohio consider mandating that,
whose recourse is to contact and be helped by legal as a prerequisite to full admission to the bar,
aid. But a different example, rarely discussed, is a every applicant is to perform at least 50 hours
small business owner who would like to advance of pro bono legal services within the first two
a breach of contract allegation against a large years of legal practice. If all newly licensed
company with vast resources. To the business lawyers were required to do this service, their
owner, the likely costs of legal services will often employers would acknowledge their service,
intimidate and outweigh the value of the case. and the service would not be so onerous over a
How then can the small business owner two year span as to add to personal debt. What
prosecute the case? The obvious answer is that a wonderful way for a new lawyer to gain client
the small business owner retains an attorney experience while helping with legal services
on a contingency basis. However, let us assume for those lacking sufficient resources.
she is not prosecuting the case, but defending Many experienced lawyers engage in pro
a breach of contract allegation by the large bono work on a weekly basis (when a client
company and its near-unlimited resources? does not pay). Why would we handcuff a new
Since an Ohio corporation or other business law graduate saddled with significant debt?
can only maintain litigation or appear in court The benefits would outweigh the costs over
through an attorney, the small business owner the course of his/her career. Going back to the
must retain an attorney. What if the small example of the small business owner and her
OVER 25 YEARS OF battle against the large company, what is she to
PERSONAL INJURY, business owner does not have the resources
to retain an attorney at $175/hour? Failing do? To the extent new Ohio law graduates can
MEDICAL MALPRACTICE,
to retain an attorney may result in many give 50 hours to assist, whether on a part-time or
AND AUTO / TRUCKING negative consequences with the court: the full-time basis, it can only be considered a plus.
CASES failure to answer the complaint (which only My own experience is a great example.
a lawyer can do) may result in the opposing Back in 2015, about a year after I was
admitted to the Ohio bar, I was asked by a
216.223.7535 party moving for default judgment; assuming church to assist it navigating the complex
default judgment does not occur, the failure to
ROBENALTLAW.COM respond to discovery may result in significant world of zoning appeals (at least complex
to me, having never handled one). Basically,
sanctions, such as an order compelling the
party to respond, and/or to pay attorneys’ the church intended to expand and as part
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