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of its expansion construct a mausoleum. As spotty federal and state funding. Coupling the country, in order for associates to be eligible
it relates to the mausoleum, the neighbors underfunding are the strict eligibility guidelines for the “maximum” year-end bonus, pro bono
were up in arms about its construction. put in place for these organizations, largely set by work is necessary. To the extent employers
Despite the church following all necessary Legal Services Corporation, which historically do not want to mandate pro bono services,
guidelines, the neighbors appealed the zoning has been the primary funding source. Simply they should consider alternative ways of
approval to the Trumbull County Court of put, not every person that seeks Legal Aid’s or incentivizing and motivating their employees
Common Pleas. Several months and dozens Community Legal Aid’s assistance will end up to get engaged in the community.
of pleadings later, the church prevailed and being represented. To qualify, an individual must
was permitted to construct the mausoleum. have income less than 125% of the federal poverty 1 See http://www.supremecourt.ohio.gov/AttySvcs/
Putting aside the successful conclusion, guidelines, meaning that an individual must earn officeAttySvcs/proBono.pdf
but for this pro bono representation, it is less than $15,000. The eligibility requirements 2 http://www.nycourts.gov/ctapps/520rules10.htm#B16
http://www.tribtoday.com/news/local-news/2016/10/judge-
unlikely I would have ever represented a remain despite Legal Services Corporation’s 3 backs-monastery/
client in a zoning dispute. This engagement 2017 Justice Gap Report finding that 71% of
4 https://www.crainscleveland.com/legal/legal-aid-wages-another-
expanded my professional skillset, exposed low-income households experience at least one fight-fend-big-budget-cuts
me to a different set of litigators in Northeast civil legal problem in any given year, including
Ohio (i.e., civil attorneys from the Trumbull problems with health care, housing conditions,
County Prosecutor’s Office and municipal disability access, veterans’ benefits, and domestic Mark M. Mikhaiel is an attorney at
defense counsel) and, despite still being a violence. The need for legal services is there. It is Schneider Smeltz Spieth Bell LLP in
“junior” lawyer, allowed me to independently a matter of somehow finding enough lawyers to downtown Cleveland. He has
make litigation decisions. fill the need. experience handling various aspects
As is happening to many in legal aid To the extent there is opposition to having of commercial litigation, including
organizations across the nation, Northeast Ohio’s new graduates perform 50 hours of pro bono shareholder, fiduciary and business tort litigation;
two main legal aid groups, The Legal Aid Society of legal services, I would encourage law firms probate litigation; and non-medical professional
Cleveland and Community Legal Aid, often face and government law offices, of all sizes, to malpractice matters. Mark has been a member of the
significant financial headwinds due to increased encourage their lawyers to engage in this CMBA since 2014. He can be reached at (216) 472-
demand for their vital services, combined with service. At many law firms throughout the 2401 and through email at mmikhaiel@sssb-law.com.

Commitment

to Excellence

Ulmer applauds our partner, Stephanie Dutchess Trudeau,
for her outstanding year of service as the 2018-2019 Cleveland
Metropolitan Bar Foundation President. Your leadership and
incredible dedication consistently raise the bar of excellence in
the legal community.

®

Our business begins with you. ®

June 2019 Cleveland Metropolitan Bar Journal | 35