Introduction and Background

The Litigation Section of the Utah State Bar has recently developed the Attorney Volunteers in Court Program, which is a temporary pilot program whereby underemployed attorneys will be recruited to volunteer with the state courts. The program is designed to meet two goals. First, it is intended to help lawyers develop new skills and gain legal work experience until they can find permanent employment. Second, the program will provide assistance to the court system, which has experienced reduced funding and increased caseload.

“Underemployed attorneys—some who have just graduated from law school and others with years of experience—will have opportunities to improve their legal skills and professionalism while searching for work in the legal profession,” says Bar President Stephen W. Owens. “At the same time, the courts and the public will get talented legal assistance to help with their heavy workload.”

The Bar expects attorneys will volunteer their time so they can learn litigation skills and increase their knowledge of court proceedings and other areas of the law. Attorneys may serve in justice courts, juvenile courts, district courts, and appellate courts.

“This pilot project is a mutually beneficial program that provides attorneys with a unique opportunity to assist the courts by lending their time and experience to the courts during very challenging budget times,” said Dan Becker, Utah State Court Administrator. “The program is expected to be a win-win scenario for everyone involved.”

Volunteers will be required to commit at least 20 hours per week as volunteers and will be asked to serve for at least three months. Volunteers will be trained by court staff. The Utah pilot program is being adapted from a similar program in the state of New York.

Why Volunteer With the Program?

Volunteering will provide underemployed attorneys with the unique opportunity to gain work experience within the court system. Furthermore, those who volunteer with the Public Assistance component of the program will provide assistance to individuals who cannot afford attorneys.

Through participation in the program, volunteer attorneys will also have the opportunity to cultivate contacts in the legal profession and develop writing, research, interpersonal, professionalism, and administrative skills in the court environment. Importantly, volunteer attorneys will be given the opportunity to gain experience that will assist them in securing employment in the future. This program is a perfect opportunity for talented but underemployed attorneys to sharpen their skills and develop professionally while they search for legal employment. This program is also ideal for those who are pursuing other activities and do not necessarily wish to have legal employment at this time, but who desire to stay connected to and maintain contacts within the legal profession. At the same time, the skills possessed by the volunteer attorneys will greatly assist the court system in responding to its increased workload during difficult economic times.

Types of Volunteer Assistance

Attorneys can volunteer to provide one of three types of assistance in the Utah State Court System:

Chambers Volunteers: Attorneys will be assigned to particular judges or to a pool of judges working in a district (at the option of the judges). Attorneys might be placed in justice courts, juvenile courts, district courts, or appellate courts. Volunteers will be supervised by the Trial Court Executive or Court Level Administrator for the judicial district or court level to which they are assigned, and their work product will be reviewed by the law clerk assigned to the same judges as the volunteer.

Public Assistance: Attorneys will be assigned to the Self-Help Center of the Utah State Courts to serve in courthouses, answering questions and offering assistance to the public in walk-in, clinical settings. Questions are expected to primarily focus on civil matters, including procedural issues, forms, Online Court Assistance Program, housing, collections, juvenile and domestic issues. This will be similar to public assistance programs such as “Tuesday Night Bar,” provided by the Utah State Bar. Volunteers will be supervised by the Self-Help Center Director.

Administrative Offices: Attorneys will be assigned to the Administrative Offices of the Courts to perform legal research. Volunteers will be supervised by the District or Juvenile Court Administrator and their work product will be reviewed by the Capital Litigation Staff Attorney or the Juvenile Court Law Clerk.

Volunteer Requirements & Application

Application. All volunteers must complete the online application. The application and instructions are provided HERE (PDF)
Or online at https://utahbar.org/courtvolunteers/application.html.

Volunteers should indicate on their applications the type of position they are seeking (Chambers, Administrative, or Public Assistance), areas of interest, and the geographical location within the State of Utah in which they could provide assistance. Efforts will be made to match appropriate work with the volunteers’ interests; however, this cannot always be guaranteed.

Time. Chambers and Administrative Offices volunteers will be expected to commit to spend at least 20 hours per week as volunteers. Public Assistance volunteers will be expected to commit to spend at least 8 hours per week as volunteers. In most cases, volunteers can perform work on a schedule that is convenient to them.

Term. Volunteers will be expected to serve for at least three months. At the end of the three months, volunteers may ask to renew their term.

Licensing Status. Volunteers must be a member of the Utah Bar in good standing. This requires graduation from law school and passage of the Utah State Bar. However, Chambers and Administrative Offices volunteers need not be active members of the Bar. Public assistance volunteers, however, do need to be active members of the Bar.

Not Practicing Law. Volunteers cannot be engaged in the practice of law, or have any ongoing relationship with any type of legal employer, while serving as a volunteer.

Writing Skills. Chambers and Administrative Office volunteers will be expected to demonstrate excellent writing skills.

Interpersonal Skills. Because they are dealing with members of the general public, Public Assistance volunteers will be required to have strong interpersonal skills.

Background Checks. All volunteers must pass background checks. It will be the volunteer’s responsibility to truthfully fill out the appropriate paperwork to facilitate the background check, if necessary.

Work Space. In some instances, work space will be provided. However, in other cases, volunteers will be required to provide their own computers and work from home or from a law library.

Special Conditions: Volunteers must comply with special ethics rules applicable to volunteers (URPC Rules 6.1 and 6.5 and Utah State Bar Ethics Opinion 99-04 )

http://www.utcourts.gov/resources/rules/ucja/ch13/6_1.htm,

http://www.utcourts.gov/resources/rules/ucja/ch13/6_5.htm,

http://www.utahbar.org/rules_ops_pols/ethics_opinions/op_99_04.html

Volunteers will also be required to comply with the personnel policies of the Utah State Courts. Each court or district may impose its own special conditions governing the work of the volunteers.

Who to Contact for More Information

Please contact Nicole Farrell at (801) 532-1234 for more information about the Attorney Volunteers in Court Program.