Pro Bono

• Citation: Vol. 22 No. 2 Pg. 0068
• Publication year: 2016
• Pages: 0068
• Year: 2016
• topic: Bankruptcy and Insolvency

Pro Bono Vol. 22 No. 2 Pg. 68 Georgia Bar Journal October, 2016

Key Strategies for Working Effectively with Pro Bono Clients

Many attorneys have taken pro bono cases with the best of intentions, only to face challenges with their clients. This article will give you tools for effectively representing clients in the scarcity mindset.

BY SARAH BABCOCK

Two associates meet for lunch, and the conversation quickly turns to their respective workloads:

"Alex, how is that pro bono case you picked up going? I remember it sounded like a really strong case for illegal eviction."

"Ugh, terrible," Alex responds. "I had to give it back— I scheduled two meetings with the client, but she missed both of them, and I could never reach her because her phone number kept changing. It was like she didn't even want my help."

Many attorneys have taken pro bono cases with the best of intentions, only to face the same situation as Alex. Clients fail to show up for scheduled meetings, are hard to reach or withhold important details from the volunteer attorney. Understandably frustrated, these attorneys sometimes feel that their efforts are not appreciated by the clients, and, like Alex, they simply give up.

According to recent behavioral economics science, however, Alex should not take her pro bono client's actions personally. Missing scheduled meetings or failing to identify important facts are actually characteristic behaviors for any person who is experiencing scarcity, as many pro bono clients are. Indeed, attorneys themselves often experience time scarcity, which produces the same effects. Being mindful of the similarities between the challenges faced by a busy attorney and a pro bono client will allow volunteer attorneys to approach their clients with empathy instead of judgment. With that mindset and some concrete tools to counteract the effects of scarcity, volunteer attorneys can both better serve their pro bono clients and achieve better results.

The Effects of Scarcity

In their book "Scarcity: Why Having too Little Means so Much," economist Sendhil Mullainathan and psychologist Eldar Shafir challenge the reader to imagine two different scenarios for packing a suitcase for a business trip.^[1] In the first scenario, the suitcase is large and has plenty of room for everything one could need, plus anything else that one might want.^[2] There is even some extra room in case an unexpected need for more space arises. The suitcase is packed easily and without much thought.^[3]

In the second scenario, however, the suitcase is much smaller. So small, in fact, that all of the necessary items do not fit.^[4] In this scenario, the reader has to start making difficult choices about which pair of shoes to take, how many shirts will be sufficient, and whether to forego an umbrella, even though it may rain. And there is no room in the suitcase to accommodate any unexpected event. Packing the second suitcase takes more thought and more precision, and is more taxing.^[5] The focus required to pack the suitcase might even lead to forgetting an important event, like a meeting with a friend or a family member's birthday.^[6]

For pro bono clients, the issue is not a small suitcase, but a small budget. These clients are often making difficult decisions about how to pay for necessities when there simply is not enough money for every needed item. While the attorneys serving these clients may not face the same financial constraints, the concept quickly becomes familiar if we substitute time for the suitcase. Many attorneys are "time...