Representation of Low-Income Clients

Louis S. Rulli, Practice Professor of Law
University of Pennsylvania Law School

Over the past thirty years, I have had the privilege of representing many low-income clients. I have been asked to share some thoughts with you about working with low-income clients and undertaking pro bono representation. In so doing, I hope that you will not regard my suggestions as presumptuous or condescending. Many of the suggestions that follow are intuitive and applicable to all clients, regardless of income. But I hope that you will find these suggestions helpful as you undertake pro bono representation of the poor.

1. For many low-income clients, this is the first time that they have sought the help of a lawyer. Do not assume that clients understand the legal system, legal terminology, or even basic interactions with a lawyer. Explain client confidentiality carefully and in simple language. Ask clients if they have any papers related to their case; do not assume that they will volunteer them. Consider giving clients a large envelope in which to put any related papers that they receive and ask them to bring their envelopes each time they come to see you.

Do not, however, equate unfamiliarity with legal process or limited education with lack of intelligence. Many of your clients will be very intelligent and they will be eager to discuss their cases with you and to participate actively in the representation that you provide.

2. Make an extra effort to stay in close contact with your clients. Maintaining close communication with low-income clients can sometimes prove difficult. Be prepared for the fact that some clients will not have telephones or that their telephone service may be temporarily interrupted due to financial constraints. Therefore, obtain basic information about how you can stay in touch with your clients and make sure they know how to reach you.

Remember, as well, that some low-income clients may have reading or language difficulties or may be far more comfortable with verbal expression than with written communication. Take the time to do both. Explain to clients orally what is happening in their cases and what is expected of them, but also take the time to share important information in writing. When communicating with clients, use plain, understandable language. Avoid legalese.

By all means, send your clients copies of what you do on their behalf. Do not assume that poor clients will not understand legal filings and that therefore they do not want to or need to receive them. Clients should see the work that you are doing on their behalf. It is hard for clients to understand the long delays that routinely occur in the legal system, but there is no better way for clients to appreciate the hard work that you are doing on their behalf than by seeing your court filings and the care that you put into them.

3. Show all clients respect by addressing them, at least initially, by their last names. For many low-income clients, the legal system has disrespected them. You may think you are breaking down barriers by addressing clients by their first names, but consider waiting on such familiarity until they invite you to do so. Trust and confidence will build more quickly and deeply through respect.

Similarly, bring your pro bono clients into the privacy of your office and offer them simple refreshments, just as you would with paying clients. Do not discuss confidential client matters in waiting rooms or reception areas where sensitive information is easily overheard.

4. Be extra careful about assumptions. You may assume certain things based upon your experience, background, or education. Do not assume that all of the same considerations apply to your low-income clients. For example, you may assume that you know what is best for your clients or that clients should do what you would do under the same circumstances. But you do not live the complexities of an impoverished life in which clients must often cope with a different set of realities. If clients opt for choices on their cases with which you strongly disagree, take time to explain your concerns with your clients. Be patient. Listen. Understand. Advise. But, let clients decide.

We all have assumptions. It is helpful to recognize your assumptions and not to permit them to interfere with your representation. For example, you may be called upon to represent a client seeking social security disability benefits who, upon your first meeting, does not resemble how you assume a disabled person should appear. Be careful that this variation from your assumption does not impair your representation. In my experience, many law students or new lawyers expect that poor clients will exaggerate their disabilities; however, in fact, I generally find the opposite. You need to work hard to extract all relevant information from low-income clients about their disabilities, for they are often too proud to share with you their residual limitations (especially if they involve mental health issues).

Assumptions play out in many ways. I once had a client who kept canceling his appointments at the last minute. My first reaction was that he was unconcerned with his own case; if he didn’t care, why should I care? It turned out that he was afraid to take public transportation and venture out of his neighborhood to come to my office. He would only come when he got a car ride from a family member, which he never knew until the last moment. But he was embarrassed to tell me. You may find that many low-income clients do not like to come downtown and may be intimidated by having to go to a high floor of a high-rise building.

Clients will need to miss appointments for many legitimate reasons. Explain to your clients that it is important that they attend scheduled appointments or call in advance. But understand that they may be wrestling with childcare problems or health appointments or they may not have enough money to come to your office on a particular day. Since they may not always tell you the reasons, your immediate reaction may be negative. As the professional that you are, go the extra mile and be patient. Create an expectation but be understanding when that expectation is not met.

Please remember, as well, that every dollar is critical to a poor client. If there are court costs or other costs involved in your representation, ask the court to proceed in forma pauperis (IFP). Do not skip this step simply because the legal procedure is unfamiliar to you. VIP will help. But don't waste your client's scarce dollars simply because you think the small cost involved is no big deal.

5. Trust is not automatic and must be earned. Do not be offended if low-income clients do not immediately trust you. You know that you are volunteering out of the best motives and that you are eager to advocate on their behalf. But they do not necessarily know that. Understand that the law regularly intrudes into the lives of the poor and that many others who claim that they are trying to help actually turn out to be opponents in legal proceedings. It is not unreasonable that many clients will see you as part of the system. Explain to your clients your role and give them time to see that you can be trusted.

Remember, as well, that your services are free. While that is crucial, some clients may initially equate a lack of cost with a lack of quality. They may even think that you are not a "real lawyer." That notion will quickly change as you demonstrate your devotion to their case.

6. Often, the most important role that a lawyer can play is that of counselor. One of the most important tasks that will be required of you is to help low-income clients understand what is happening and why it is happening. You will need to understand their goals, identify options that are available to them and advise as to the consequences of each option. Some clients will want you to decide a course of action for them. They will say to you that you are the expert and that they will do whatever you want. Resist the temptation to do so. You must not decide for them. But take the time to help them to decide based upon a clear understanding of their goals and objectives.

This will require patience and active listening. Do not be afraid to offer candid advice, even if it means saying something that the client does not want to hear. At the same time, however, try not to be judgmental. Money-management problems are very difficult. Just because you might make different choices does not make the client's choices wrong.

7. Poverty is isolating. Many clients are isolated -- from family, from support networks, friends and neighbors. When appropriate, help to connect clients to organizations, social services agencies, and community services that may assist them and give them the support they need. Reach out to identify available resources that can help support your clients.

8. Be aware that there may be other legal issues. Very few low-income clients have only one legal problem. Many will seek your help on an immediate problem that is not the root problem. For example, a client may come in because she is behind in her payment of bills and is being pressured by a creditor. She may ask you to negotiate a re-payment arrangement, offering to pay lower monthly amounts. But the larger problem may be that she has lost her job and needs a steady source of income. In addition to addressing the immediate problem, determine whether the client was properly separated from her employment or whether she qualifies for financial assistance, such as unemployment compensation, disability or welfare benefits. Ask whether she has health coverage or might benefit from other programs available to her. Ask questions, understand relationships, make referrals, and do not hesitate to contact VIP for advice.

9. Be a teacher of every client. Do not magically solve the client's legal problem, even if you think you can. Explain what you are doing. More importantly, make sure that every client understands how he or she can prevent having the same legal problem in the future. Preventive advice and thorough explanation should be part of every representation. You can be sure that it will be spread to neighbors and friends. It will impact a community.

Make each client a partner in the representation. Identify what the client can do to assist you in their representation. Many clients want to be part of the solution to their problems and it will prove empowering. But, be careful: don't give clients assignments that are too burdensome. Low-income clients are managing many competing problems and sometimes even the simplest of things can be overwhelming. If that happens, clients may not come back to you and you will not know why.

10. Have high expectations. Have the same high expectations of what constitutes a good result on the case as you would for your paying clients. Do not accept less simply because your client is poor. If you do not know what a good result is because you are unfamiliar with a particular area of law, ask someone with more experience. Seek out a mentor or an experienced advocate. VIP can help to make those contacts.

Finally, be realistic about your own expectations in accepting pro bono cases. Every volunteer lawyer wants a case that is open and shut on the merits and that involves an injustice that is clear on its face. Every volunteer lawyer wants a client who is completely cooperative and deeply appreciative. And, every volunteer lawyer wants the case assigned to a judge who will grant special privileges simply because it is a pro bono case. If your first case does not meet these expectations, please do not become disillusioned with pro bono representation or with VIP. As with paying clients, pro bono cases come in all shapes and sizes. Often, there is no apparent rhyme or reason to the appreciation you may receive for what you do: clients for whom you do a lot may not thank you at all; others for whom you do the smallest of things may thank you profusely. Be a professional and understand what matters most.

Final Thoughts:

Under the Rules of Professional Conduct, every client is entitled to competent and zealous representation, loyalty, and independent, professional judgment. Do not relax this standard for low-income clients. If for any reason you are having a problem with a pro bono client, VIP may be able to help you.

I am confident that you will find that your pro bono representation is not a one-way street. You will gain as much as you will give. You may be exposed to courtroom experiences that you might not otherwise obtain, and you will be introduced to new substantive areas of law that may prove challenging and exciting. Most importantly, you will be working with real people for whom what you do makes an extraordinary difference.

In addition, as you provide representation, I urge you to be aware of systemic flaws and areas of needed improvement. Experienced lawyers from large law firms often comment on the poor treatment that litigants and cases receive in over-burdened courts and administrative agencies that decide the fate of low-income people. They are much more familiar with the generous procedures employed in less busy forums that hear the cases of wealthier litigants. Be an advocate for the improvement of justice based upon what you observe and experience. If you believe that reform is needed - large or small - speak up. Call the Chancellor of the Philadelphia Bar Association. Talk to partners at your firm. Call VIP. Call me. Make a difference: for your individual client, for similarly-situated clients who will not get your help, and for our system of justice.

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