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Shortly after the terrorist attack of September 11, it became apparent that many Utah reservists and members of the Utah National Guard would likely be activated. In addition, Utah members
of the military may be deployed overseas. As a consequence, these women and men and their families may require legal services they would not have otherwise required. On October 5, the Bar
sent an e-mail request for pro-bono volunteers to all Bar members who have e-mail addresses on file. I am pleased to report that the response has been overwhelming. Within three days 122
lawyers volunteered to help. In addition several firms comprising 105 additional lawyers volunteered. The entire Cache County Bar Association volunteered. The University of Utah College
of Law pro bono project volunteered to provide research or clerk services.
Services may be required in almost all areas of law. Most servicemen and women will require simple wills and
powers of attorney. Some will have much more complicated problems. So far most of the assistance requested has been in the area of family law, taxation and business planning, estate
planning, and employment law. Although the military has JAG officers available, many of them do not have expertise in these largely civilian specialties. Further, they usually are not
authorized to represent servicemen and women in these civilian matters. Even if they were, their resources are not sufficient to handle the volume that may be required.
Much help is needed in the area relating exclusively to the military, such as application of the Soldiers' and Sailors' Civil Relief Act and the Uniformed Services Employment and
Reemployment Act. Obviously very few civilian lawyers have expertise in these areas, but these areas of law can be learned. The Military Law Section will be hosting a seminar on December
5 at 1:00 P.M. to train volunteers in this area. There is an excellent article summarizing the Soldiers and Sailors' Civil Relief Act in Vol. 4 number 3 Utah Bar Journal (1991). Its
co-author, Kevin Anderson is updating it and it should be available on the Bar web site by the time you read this.
The Bar has a full time pro-bono coordinator who will be matching the needs with the volunteers attorneys. His name is Charles Stewart and he can be reached at 801-297-7049. The Bar has a
malpractice insurance policy in effect which covers pro-bono work provided through the Bar. Attorneys who do not have malpractice coverage (such as corporate counsel and government
attorneys) should be sure that any pro bono work done for military personnel is coordinated through the Bar so that the malpractice coverage is in effect.
I understand that roughly 35,000 reservists have been activated so far. This is about one-eighth the number activated in Desert Storm, so we may expect a large number of activations in the
near future. I understand that in some cases there may be activations with as little as 48 hours notice. In most cases there will be more notice, sometimes as much as 30 days. In any
event we hope to have in place a list of attorneys by area of practice to be quickly matched with the persons needing assistance. I request that if you have volunteered and are assigned a
serviceman or woman to assist you will act with all deliberate speed to render the assistance.
Let me share with you a few of the replies to my e-mail request for volunteers. "I would be honored to assist with this project." "I am happy to volunteer whatever I
can." "As a new lawyer, I am still developing my areas of practice, so I don't really know a great deal about the areas of law mentioned, but I am available 10+ hours per
week." "I absolutely volunteer" "My practice areas are securities and mergers and acquisitions. I understand that there may not be much call for those services in
connection with the mobilization of reservists. Even so, to the extent I can be of help, please contact me." "If there is some way I can help please let me know." "I
am more than willing." "I am willing to help."
There were dozens of responses similar to these. They made me proud to be a lawyer.
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