I had the opportunity to speak to attendees of Equal Justice University (EJU) in August. EJU is the annual gathering of approximately 275 lawyers, judges, paralegals, social worker professionals, law students and other advocates committed to providing civil legal assistance and access to justice across Tennessee.

Lanquist speaks at EJU in Murfreesboro.

From the vital support of our Tennessee Supreme Court and its Access to Justice Commission to the work of legal aid organizations, law schools, bar associations, pro bono projects and individuals, the TBA is proud to be part of the collaborative efforts working to ensure quality, accessible legal services for all in our state. It was not lost on me that representatives from all of these groups were represented at EJU. This annual conference, hosted by the Tennessee Alliance for Legal Services (TALS), is yet another example of the strong and effective alliances that exist in Tennessee’s legal community.

My work with nonprofit organizations has certainly contributed to my understanding about the challenges facing many individuals and families who are in need of civil legal assistance. The TBA is uniquely positioned to advocate for our members across the state, and to do it in a way that benefits not only attorneys but the larger justice system and the public. Effective advocacy requires strategic communication, education and engagement with the legal community, other stakeholders and policymakers. This year, TBA is continuing our focus on education about legislative issues important to the legal profession, as well as those impacted by the legal system.

We have found that most Tennessee residents do not understand the issues associated with indigent representation. More importantly, we found that most lawyers do not understand that there is an issue. The TBA is instituting a messaging campaign to educate lawyers so that they are familiar with the issues and can explain them to non-lawyers.

Appointed counsel deliver life-changing results for clients, including a vast number of cases in which the interests of a child or other vulnerable person are protected by a guardian ad litem. These cases frequently involve reports of child abuse, allegations of neglect, proceedings to terminate parental rights, other permanency planning or adoption.

Those lawyers who provide indigent and appointed representation are doing so at a financial loss in most cases. These are complicated, sensitive cases that may last for years; appointed counsel in a guardian ad litem case represents the child to adulthood, with compensation limited by hourly rate and cap. The low rates and caps, combined with the rising costs of maintaining a legal practice, have created a “perfect storm” where fewer and fewer attorneys can afford to take cases representing the indigent. In fact, lawyers are leaving some already underserved counties because the court appointments preclude them from having any type of ordinary practice. This situation has resulted in a crisis in our legal system, and especially in the juvenile courts. It must be financially feasible for court-appointed attorneys to continue representing some of the state’s most vulnerable residents or the entire judicial system will suffer.

This year, $8.6 million in additional funding was included in the state budget, providing a $10 increase in the hourly reimbursement rate of compensation, along with a proportionate increase in caps, marking the first time this rate has been increased since 1997. While the funding fell short of the Supreme Court’s request, and drastic improvements are still needed, this was an important step that will allow us, hopefully, to start to address the problem.

None of this would have happened without the leadership of Chief Justice Holly Kirby and partnership with the Tennessee Supreme Court and the Administrative Office of the Courts (AOC). The TBA remains committed to working with the Supreme Court, the AOC, the governor, the General Assembly and other stakeholders to secure additional resources to fairly compensate and support the lawyers who do this important work, and to explore ways to improve legal services for indigent clients.

TBA is working with the AOC and the legislature to explore and propose pilot programs that address indigent representation in different ways, including models from other jurisdictions. The TBA will continue to fight for additional funding to raise the reimbursement rates and caps while we also advocate for investment in the best solutions to improve the system of indigent representation in Tennessee.

In order to achieve these goals and others on behalf of our members, we need to make your voices heard. There are fewer lawyers in the legislature than ever and many of our members are not as politically active as they used to be. We want to build on our grassroots efforts, expanding our work with indigent representation, as well as leveraging outreach for other purposes that benefit our members. All of this means we need to educate our members on relevant issues, provide timely updates and action alerts, and encourage members to educate policymakers and others.

Join the TBA’s policy advocacy efforts! One simple way to get involved is by connecting with our active, informed and engaged network of lawyers from across the state. There are many opportunities for those willing to serve as advocates on issues that are important to the practice of law in Tennessee. We are looking for a diverse group of attorneys in terms of location, background, experience, practice type — the more the better. Please consider giving your time and effort to help lawyers in Tennessee by joining TBA’s Grassroots Advocacy efforts. More information, including a brief survey, is accessible on the TBA’s Government Affairs webpage.

We know that the need for legal assistance in our state is so great that we must continue to work as partners, pursuing a diverse set of options to eliminate barriers to justice. We must continue to advocate for increased legal aid funding, encourage commitment to pro bono programs, deliver quality education and outreach, engage law students, explore new ways to utilize technology and provide support for self-represented litigants. We must also continue to work with policymakers to explore, implement and evaluate new approaches and additional resources for those who cannot afford legal representation. TBA is proud to be a partner and advocate for the vital but sometimes unseen work done by our members in furtherance of meaningful access to justice for all. |||