Q&A on Illinois Pro Bono Cases: Factors for Firms and Clients To Consider

Super Lawyers conducted a Q&A with John E. Thies — a business litigator at Webber & Thies in Urbana, Illinois, and former president of the Illinois State Bar Association — about the factors that go into law firms’ decision to provide pro bono legal services and how people can access these services.

When and how do you decide to take a case pro bono or “low bono” — free or at a discount? Do clients come to you, or do you work with specific pro bono programs?

It can happen in a number of ways. Sometimes a judge facilitates an arrangement when they feel a client needs counsel. So we might have a contact from the courts.

We have a wonderful legal aid organization in downstate Illinois called Land of Lincoln Legal Aid, which I was president of. They also make referrals, so that’s another way. Other people just come in through our law firm portal, and we evaluate whether it’s something we can help with.

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Do you decide to provide pro bono services on a case-by-case basis? Or do you have a sliding scale based on the client’s means?

We believe in incorporating pro bono cases into our work. So there usually is a pro bono case that’s in the mix of other things that we’re doing.

When we decide whether to take something, it depends on the current availability and the type of matter. The matter obviously has to be within our wheelhouse.

What are examples of legal issues a law firm might do pro bono for a business?

In terms of the kind of conventional business matters, it could be a not-for-profit. It’s hard to be specific about what would cause us to do it on a pro bono basis. But we would consider all the circumstances when deciding whether to take it on.

If you have a startup, a small organization, or a single entrepreneur, what are their best avenues for help with legal issues?

The best way for us to get involved is when someone else refers them, so we have a bit more background. Typical pro bono matters come to us through Land of Lincoln, off the street, or as a referral from a judge.

Is it common to have a free initial consultation or screening?

We handle intake by having a staff member review the inquiry, whether it comes in by phone or through our website portal. Then it would be distributed to several of us to look at and evaluate if it’s the sort of thing we might be interested in doing. And that applies not just to pro bono cases, but any matter that comes to us.

So that would be where we might decide if we would do it on a pro bono basis. Or in the case of a more traditional case, whether or not we need a retainer. If it’s something where we think it’s a good matter for someone else, we would evaluate the best place to refer it to.

Are there certain things clients should look for in a firm when they’re looking for pro bono legal services?

A concentration in the particular area where they need help. And they should organize what information they have so they are able to articulate what it is that they’re trying to accomplish, so when the firm fields the inquiry, they can efficiently analyze whether it’s something they want to get involved in.

Do you tend to take more straightforward cases pro bono, as opposed to in-depth litigation?

It really depends. We’ve handled some very sophisticated cases on a pro bono basis. It just depends on whether it meets the criteria: Is it something that we can handle? Are we available to do it at that particular time? What’s the source?

We’re running a nine-person law firm, so we’ve got to make sure that it sits with other things that we’re doing at the time. But as I say, we’ve handled some matters on a pro bono basis that have been quite sophisticated.

Why is it important for lawyers to provide pro bono legal services?

Lawyers care about playing a role in our justice system. When lawyers participate, the system works better. So we all have an innate interest in doing a certain amount of pro bono work. If they don’t, they should. And so the kind of work that is needed can make a difference to whether or not the lawyer will take the case, but it doesn’t hurt to try to see if the firm will do it on that basis.

You can do it on a limited scope basis, too. So it could be narrowed. Illinois has a vibrant, limited-scope representation set of rules that allow law firms to take discrete portions of a matter. And that can allow the firm to be involved on a more limited basis but accomplish a lot for the client.

There are different ways of describing this. One is unbundled legal services, where a number of different tasks might be involved. So if it’s in litigation, it might be that you would be involved in the preparation of a particular pleading like a motion to dismiss, or a complaint, but not beyond that. You know, the agreement might be that you’re going to do this discreet job, and then the relationship will terminate. That’s permissible.

And our state’s supreme court has facilitated that process. So that’s a way that a consumer will have an easier time getting a firm involved. And even if it’s not pro bono, it can be low bono, something that’s less expensive and available for people.

The client’s wherewithal makes a difference here. If people can afford to pay, then there should be that expectation.

On the “low bono” side, are there a decent number of firms that offer sliding scale or flexible, low-income fee arrangements?

Sure. I think a lot of firms would do that. I think it goes back to the criteria that I mentioned before. And, in the end, what’s an appropriate fee for the circumstances?