PUBLIC SESSION
MEETING CONVENED
Committee Chair and Commission Vice Chair R. Marc Kantrowitz called the meeting to order at 2:00 p.m. Also in attendance were Committee member and Commission Chair Maria J. Krokidas and Committee member and Commission Executive Director David A. Wilson. Committee Chair Kantrowitz, Chair Krokidas, and Mr. Wilson participated remotely.
REMOTE PARTICIPATION
Committee Chair Kantrowitz announced that the meeting would take place remotely pursuant to the law signed by Governor Baker on June 16, 2021 extending certain COVID-19 measures adopted during the state of emergency. He stated that members of the public had been invited to watch and listen to the public session via Zoom Webinar. Committee Chair Kantrowitz noted that all votes at the meeting would be taken by roll call.
APPROVAL OF MEETING MINUTES
On the motion of Committee Chair Kantrowitz, seconded by Mr. Wilson, the Committee voted 3-0 to waive the reading and approve the public session minutes of the September 10, 2021 Committee meeting.
| Committee Chair Kantrowitz | Yes |
| Committee Member Krokidas | Yes |
| Committee Member Wilson | Yes |
DISCUSSION
Pro Bono Counsel Policy
Committee Chair Kantrowitz thanked General Counsel/Legal Division Chief Eve Slattery and Assistant General Counsel T. Michael McDonald for preparing the memorandum on a potential pro bono counsel policy. Chair Krokidas stated that it would be helpful in the beginning of the adjudicatory process for an attorney to explain the Commission’s regulations and statutes to a pro se respondent. She questioned whether a pro bono counsel policy would help parties resolve more cases. Committee Chair Kantrowitz stated that pro bono counsel should be only provided if the respondent is indigent. He said that while the adjudicatory process may be difficult for pro se respondents, the mediation program may be a way to assist pro se respondents in understanding the law and adjudicatory process.
Mr. Wilson stated the Commission would need to determine who would qualify for pro bono counsel unless there are enough attorneys interested in volunteering to provide pro bono counsel for all subjects wanting such counsel. Commissioner Edwards said that volunteer attorneys from the Volunteer Lawyers Project and Justice Bridge provide limited legal services in housing court. He noted that the housing court does not have any eligibility requirements for indigency in order for tenants and landlords to request pro bono services. Commissioner Hackshaw said that a pro bono program may help to reduce the number of adjudicatory proceedings, but it could depend on the training of an attorney as to whether cases are resolved.
Ms. Slattery said that there may be difficulty in recruiting pro bono counsel who would be interested in volunteering when the Commission has a lower volume of cases than the Board of Bar Overseers. Enforcement Division Chief Monica Brookman said that pro bono services should be offered to any respondents who request it. Committee Chair Kantrowitz asked whether there should be any requirements of indigency in order for respondents to be eligible to request pro bono counsel services. Chair Krokidas said that the Commission should not impose a means test to restrict who would qualify for pro bono counsel.
Chair Krokidas stated that pro bono counsel could be mutually beneficial for the parties by avoiding lengthy adjudicatory proceedings and resolving cases more efficiently. She noted that attorneys who are not familiar with the conflict of interest law would require extensive training, but that more experienced attorneys may be less likely to provide pro bono services. Mr. Wilson expressed his concern regarding expending considerable resources on this new initiative. He noted that pro bono counsel could help respondents with their 3D submissions. Mr. Wilson said that attorneys might value the opportunity to gain experience in practicing before the Commission and to give back to the community through pro bono work.
Committee Chair Kantrowitz stated that a means test would be necessary since too many respondents would request pro bono services. He suggested that respondents who the Commission determines to be only partially indigent could pay reduced attorney fees. Committee Chair Kantrowitz asked whether pro bono services should be offered after the notice of a preliminary inquiry or the issuance of the Order to Show Cause. Mr. McDonald responded that the Board of Bar Overseers offers pro bono services when they initially notify the subject of an investigation. Chair Krokidas stated that the Commission should also offer pro bono services in the notice of a preliminary inquiry.
Committee Chair Kantrowitz said that since most respondents are government employees, they would be less likely to be indigent. Chair Krokidas explained that most respondents are municipal employees, some of whom are former employees, unpaid employees, or retirees, so they may be unable to afford an attorney. Ms. Slattery noted that the Commission would only match respondents with pro bono attorneys and not provide funds to respondents to hire an attorney. Mr. Wilson added that the Commission would not need a means test to match volunteer attorneys with respondents who request pro bono services because public funds would not be expended.
Commissioner Hackshaw said that the Commission should consider whether pro bono attorneys should only provide free initial consultations and charge reduced rates for additional services. Chair Krokidas asked whether the Massachusetts Commission Against Discrimination also offers pro bono services to subjects who cannot afford an attorney. Mr. McDonald responded that he did not speak with them but noted that the licensing boards that he spoke with wished that they could offer pro bono services as does the Board of Bar Overseers.
ADJOURN MEETING
At 2:52 p.m., on the motion of Committee Chair Kantrowitz, seconded by Mr. Wilson, the Committee voted 3-0 to adjourn.
| Committee Chair Kantrowitz | Yes |
| Committee Member Krokidas | Yes |
| Committee Member Wilson | Yes |
LIST OF DOCUMENTS USED AT THIS MEETING
- Agenda for the Legal Committee Meeting of November 17, 2021
- Minutes of the Legal Committee Meeting of September 10, 2021 Public Session
- Memorandum dated November 5, 2021 from Assistant General Counsel T. Michael McDonald to the Commission concerning a potential Commission pro bono counsel policy
- Press release from the Board of Bar Overseers entitled Formation of New Panel of Pro Bono Counsel
- Financial Statement Form
Respectfully submitted,
Arthur Xia
Program Coordinator