NVLSP LEGAL PRO BONO OPPORTUNITIES
VETERANS NEED YOUR HELP:
VOLUNTEER LAWYERS NEEDED
What
Is the Veterans Consortium Pro Bono Program
How You Can Help
How
the Veterans Consortium Pro Bono Program Works
Why Do Your Pro Bono Work Through the Veterans Consortium
Pro Bono Program?
Since 1933, veterans of the United States Armed Forces have been
frustrated by laws that prohibited judicial review of denials of their
claims for federal veterans benefits. But since 1988, with the landmark
Veterans’ Judicial Review Act, veterans who are denied benefits by the
U.S. Department of Veterans Affairs (VA) can appeal to the U.S. Court of
Appeals for Veterans Claims.
The Court has sparked an enormous demand by veterans seeking judicial
review. More than 36,000 veterans or their survivors have filed appeals in
the Court. Most cases involve claims for VA disability or death benefits.
Unfortunately, for many veterans the promise of effective judicial review
has proved elusive. More than 70% of those who appeal to the Court do not
have a representative at the time they file their appeal. This is in large
part because they are unable to afford an attorney. Unrepresented veterans
are obviously at a significant disadvantage in litigating against the VA
General Counsel’s Office, which represents the VA in all Court
proceedings. Mentally and physically disabled veterans may be especially
disadvantaged.
What Is
the Veterans Consortium Pro Bono Program
In 1991, the then U.S. Court of Veterans Appeals responded to the
problem of its large pro se caseload by asking Congress to reallocate part
of the Court’s own budget into efforts to secure representation for needy
claimants. As a result, a consortium of four organizations received a
grant to operate a pro bono program. The program recruits attorneys
willing to volunteer to represent needy individuals before the Court. The
program
screens appeals so that pro bono representation is provided in the most
meritorious cases, and offers comprehensive training and support to
participating lawyers. The organizations comprising the consortium are The
American Legion, the Disabled American Veterans, the National Veterans
Legal Services Program, and the Paralyzed Veterans of America.
How You Can Help
The Veterans Consortium Pro Bono Program is seeking attorneys to
represent one appellant before the Court of Appeals for Veterans Claims.
Private attorneys with no veterans law experience have demonstrated their
ability to capably represent appellants in the Court. Most cases can be
completed in 50 hours. To date, almost 1,350 attorneys have accepted
almost 3,000 cases under the program.
How the
Veterans Consortium Pro Bono Program Works
The cornerstones of the Veterans Consortium Pro Bono Program are
screening of cases for merit and providing attorneys with training. The
program’s staff of experienced veterans’ law specialists will screen the
appeal of every individual who seeks pro bono representation from the
program. Only those cases that appear meritorious and meet income
eligibility guidelines are referred to volunteer attorneys.
Before accepting an appeal, all attorneys must attend a training program
conducted by experts in the field. In a very few cases, distance training
via DVD is available for those unable to attend in person. Each
participant, upon accepting a referral, will receive:
a free copy of the latest version of the
Veterans Benefit Manual (hard copy, CD-ROM and web-based update
capability)
a comprehensive guide to litigating veterans’ benefits claims;
a memorandum discussing the facts and legal issues in the appeal;
the name and telephone number of the veterans’ law specialist who
screened the case; and the name and telephone number of an assigned
mentor from one of the sponsoring organizations, who specializes in this
area of the law.
Mentors are available to discuss litigation strategy, provide sample
briefs, review draft pleadings, and conduct a moot court if oral argument
is granted.
Why Do Your Pro Bono Work Through the Veterans Consortium
Pro Bono Program?
There are many ways an attorney can do pro bono work. But participating
in the Veterans Consortium Pro Bono Program offers several
advantages:
The program provides one of the few opportunities to obtain
appellate litigation experience while performing pro bono service. In
addition to brief writing, some cases involve oral argument before a
panel of three judges.
Representation before the Court can provide an opportunity to make
new law. Since the Court is relatively new, some of the cases present
issues of first impression.
The program provides significant support and training to ensure that
your time is used effectively:
cases are prescreened for merit in advance of assignment;
volunteer lawyers are quickly oriented to the case with a
memorandum describing the facts and legal issues;
further assistance is available both from the assigned
case-monitor and assigned mentor;
volunteers participate in an in-depth full-day training program by
experts, and receive a detailed practice manual after case referral.
Malpractice insurance is provided.
CLE credits are available in many states for the classroom
seminar. Attendees must initiate the process individually with the CLE
administrator in the state for which they seek CLE credit.
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