Kathryn Grant Madigan's Blog

As lawyers we know how challenging it can be to provide the standard of representation that our clients deserve and demand. Nevertheless, New York lawyers consistently rise to meet the challenges of both their professional and personal obligations, including giving back to the community in the form of pro bono services to our poor and most vulnerable citizens.

Last year, under Mark Alcott’s leadership the Association created the Empire State Counsel Award to honor attorneys who donate 50 hours of pro bono service in a single year to individuals in need. That program has been a resounding success with more than 460 award winning lawyers donating 23,000 hours of work. This is a remarkable achievement that has many rewards. The Empire State Counsel Award can be used as a credential and award winners are recognized by the Association in a variety of ways, including at our annual meeting, mention in press releases touting their service and on the Associations’ website.

This year we are expanding the program to honor lawyers who donate legal services not only to individuals in need, but those who donate to organizations that serve the less fortunate, such as non-profits, legal aid societies, etc. By escalating this program to recognize attorneys that provide pro bono work to community advocacy organizations, we can honor additional and deserving attorneys who generously donate their time and efforts. Whether it is helping victims of flood damage in the Southern Tier, providing legal care to a single mother in need, or helping a family in need, voluntary service is contagious and we are proud to recognize these good deeds

As New York attorneys we have a time honored tradition of generously donating our expertise to assist others, but in spite of that, we still cover only a fraction of the need, especially in civil matters. The expanded version of this program will honor those lawyers who are working to meet this need, and serve as a reminder to other attorneys that there are many pro bono opportunities which they can explore. Please click here to find out more about the Empire State Counsel Award. And always, I’d like to know what is on your mind, so please feel free to write a response to this or any of the messages on the Presidential Blog.

I was delighted to learn from a recent press release from the trustees of the IOLA Fund that $25 million would be available for grants in 2008 to support programs that provide free legal services to low-income people throughout New York State. That’s up 78% from the $14 million in grants offered in 2007. This is a wonderful holiday surprise that is sure to make a difference.

As you know, the Interest on Lawyer Account Fund (IOLA) program requires attorneys to deposit funds received from clients either in interest bearing accounts for the benefit of clients or in interest bearing IOLA accounts. The interest is pooled and managed by the IOLA Board of Trustees to fund non-profit civil legal services for people who otherwise cannot afford access to the civil courts.

In 2007 the Association was a proud leader in urging Governor Spitzer to enact new regulations requiring banks to pay an interest rate on IOLA accounts proportionate to the rates they pay their best customers with similar accounts. Civil legal services for the poor in New York State are drastically under funded, and the reality is that despite the thousands of volunteer hours provided by attorneys across the state, we can only meet 20% of the actual need. Access to justice for all, and not just for those who can afford legal services, is fundamental to our Association. And the concept of Civil Gideon, which would require free legal services to the poor in matters involving shelter, sustenance, safety, health and child custody, is one of our 2008 legislative priorities. There is still a long road ahead.

With additional and stable funding from the state we can ensure no one is left behind. Nevertheless, with an eye toward the future, Governor Spitzer and the IOLA Board should be commended for this significant improvement in funding, for prioritizing this issue and for producing impressive results.