Article
| Publication year | 2014 |
| Pages | 48 |
| Citation | Vol. 27 No. 4 Pg. 48 |
July, 2014
Pro Bono Signature Project:
Debt Collection Volunteer Attorney Program.
T. Richard Davis and Charles A. Stormont
Did you know that any debt collection matter filed in the Salt Lake City District Court where the amount being pursued is less than $20,000 is assigned to a rotating collections calendar? The calendar occurs once a week and is covered by two assigned judges that rotate every six months. If the case is larger, it will be assigned to an individual judge. The rotating calendar for smaller cases helps facilitate scheduling by plaintiffs who may be large debt collection firms with numerous cases that require short hearings for scheduling or arguments on relatively straight-forward motions. By setting the calendar well in advance, these entities are able to handle their cases more efficiently and avoid clogging the docket, which also helps the court.
And while the calendar is more efficient for the court and certain plaintiffs, it has also facilitated the creation of a new pro bono program - the Debt Collection Volunteer Attorney Program. Volunteers for the Program are drawn primarily from two organizations: the Utah Attorney General's Office and Callister Nebeker & McCullough. Not surprisingly, representatives from these organizations sit on the Third District Pro Bono Committee, which helped create the Program. Spreading the work between two organizations has made it easy to ensure the Program is adequately staffed each week and helps address conflicts on the rare occasions when they arise. As the Program has developed, we have been fortunate to have volunteers from other organizations chip in to help as well.
Volunteers arrive a few minutes before the calendar is scheduled to begin in an effort to introduce themselves to potential clients and facilitate the completion of a short-term representation agreement. Such limited-term agreements are permitted by rule 1.2(c) of the Utah Rules of Professional Conduct: "if the limitation is reasonable under the circumstances and the client gives informed consent." Further, Rule 6.5 of the Utah Rules of Professional Conduct limits the application of conflict of interest rules for a "lawyer who, under the auspices of a program sponsored by a nonprofit organization or court, provides short-term limited legal services to a client without expectation by either the lawyer or the client that the lawyer will provide continuing...
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