BAPCPA Affects Pro Bono Representation
By Däna Wilkinson, Attorney at Law on Jul 2, 2007 in Bankruptcy Practice and Procedure, General Bankruptcy Information, South Carolina
Citing a survey by the Commercial Law League of America (not normally a pro-consumer stronghold), Cathy Vance notes that a significant number of attorneys report curtailing their pro bono representation post BAPCPA. I have had to do it myself.
For many years, the number of people who qualify for assistance from legal services has far exceeded the number of legal services lawyers available to represent them. Many state bar associations, including the South Carolina Bar, operate programs which match qualified clients with volunteer attorneys. In addition to that kind of organized pro bono effort, most attorneys take the occasional case for no fee, as a way of giving back to the community. Like any small business owner, I have to budget for the time I donate to pro bono work. One of the effects of the change in the law has been to dramatically increase the amount of work necessary to complete each bankruptcy case. There are more deadlines to meet, meaning more time-sensitive work. And there is the possibility of a case being audited. In short, both the actual time necessary to complete a bankruptcy filing, and the potential for extra work, have increased. As a direct result, I can no longer do the same number of pro bono cases as before.
Ironically, one of the few consumer-friendly provisions of BAPCPA was the addition of a provision allowing the waiver of court costs for debtors on the extreme low end of the income scale. Over the years, I have had many pro bono clients who struggled just to pay the filing fee to the court. Though I could waive my own fee, the court fee had to be paid. Often we relied upon donations to pay the court fee. Now, though my pro bono clients can apply to the court for a waiver of the court fee, I cannot take as many cases, so there are fewer clients able to avail themselves of that opportunity. It’s frustrating for me. I imagine the frustration is even greater for those who qualify for assistance, but have to wait even longer for help to become available.
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