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  #251  
Old 05-09-2011, 07:38 AM
Dreamsofregret Dreamsofregret is offline
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Look. U CAN get a pro Bono lawyer at any state of ur appeals. U have plenty of law firms that will take cases pro Bono. Majority of all law firms take on a number of pro Bono cases a yr. To build their rep so to speak. And a lot of them are good. U just have to search for them. It's a lot that will say no at first. But u have to b consistent wit ur search. Don't give up. Cause u will find one. Da innocent project mainly deal wit DNA cases cause it's a open and close case so to speak. But like I said it's a lot of lawyers that will take ur case. They will want to check da case out first. To see if there r good grounds for either a new trial or new sentencing. Keep calling and writing and visit if u can. Dat will sho ur determination. It's so many PLp dat try to get pro Bono so dats y ur search is going to be hard. At n e rate. I wish u luck in ur search.
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  #252  
Old 05-09-2011, 10:37 AM
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Originally Posted by Dreamsofregrets View Post
Look. U CAN get a pro Bono lawyer at any state of ur appeals. U have plenty of law firms that will take cases pro Bono. Majority of all law firms take on a number of pro Bono cases a yr. To build their rep so to speak. And a lot of them are good. U just have to search for them. It's a lot that will say no at first. But u have to b consistent wit ur search. Don't give up. Cause u will find one. Da innocent project mainly deal wit DNA cases cause it's a open and close case so to speak. But like I said it's a lot of lawyers that will take ur case. They will want to check da case out first. To see if there r good grounds for either a new trial or new sentencing. Keep calling and writing and visit if u can. Dat will sho ur determination. It's so many PLp dat try to get pro Bono so dats y ur search is going to be hard. At n e rate. I wish u luck in ur search.
If you're going to pester attorneys to act pro bono, at least make your communication easy to read.
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  #253  
Old 05-13-2011, 01:29 AM
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Ken I would like very much to have that info as well

Linda
i would love to have the info as well also..............
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  #254  
Old 05-19-2011, 10:16 PM
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If you're going to pester attorneys to act pro bono, at least make your communication easy to read.

That was a bit harsh don't you think. I read the post with no problems.
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  #255  
Old 05-19-2011, 10:48 PM
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Originally Posted by addykea View Post
That was a bit harsh don't you think. I read the post with no problems.
Well, gee, you must be a lot better than me. Then again, I spend all day reading court opinions and writing briefs and motions and stuff like that. I don't have a lot of time to keep up with text speak and the latest slang. And the Judges I deal with don't appreciate wasting a lot of time on that stuff either. As an FYI, with the huge volume of Pro Bono requests all lawyers get each year, language like that reduces the chance that any of us will actually bother to read the request.
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  #256  
Old 05-19-2011, 11:32 PM
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For the umpteenth time, no attorney will handle a postconviction criminal case pro bono, UNLESS actual innocence can be established through DNA evidence. And even in those types of cases, pro bono options are few; The Innocence Project or court appointed private counsel are the best avenues to pursue.

Something to think about: one goes to work each day in exchange for a paycheck, legal professionals included.

FOR THOSE IN CALIFORNIA

I highly recommend the California Appellate Project they CAN and DO diligently work for FREE on appeals for indigent clients. I would advise anyone in CA to at least talk to them. NO I don't work for them. But they did get my loved ones criminal conviction reversed in full (being innocent helped of course). Also The Exoneration Initiative works on cases without DNA. They recently freed William McCaffery who had served 4+ years for a crime that never happened. Lastly, California Prison Focus publishes a Prisoner Self-Help Manual specifically dealing with challenging Prison Gang Validation. It should be noted that being in possession of the manual can have you validated as a gang member. Hope that helps someone, at least here in Calif. My advice is keep asking until there's no one left to ask and don't take no for an answer and always do your own research to double check what anyone tells you and beware of the consequences of 'fighting back' Good luck.
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  #257  
Old 05-19-2011, 11:55 PM
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Originally Posted by Paralegal USA View Post
For the umpteenth time, no attorney will handle a postconviction criminal case pro bono, UNLESS actual innocence can be established through DNA evidence. And even in those types of cases, pro bono options are few; The Innocence Project or court appointed private counsel are the best avenues to pursue.

Something to think about: one goes to work each day in exchange for a paycheck, legal professionals included.
FOR THOSE IN CALIFORNIA

Some legal professionals go to work because they believe in justice and a paycheck has nothing to do with it. I highly recommend the California Appellate Project they CAN and DO diligently work for FREE on appeals for indigent clients. I would advise anyone in CA to at least talk to them. NO I don't work for them. But they did get my loved ones criminal conviction reversed in full (being innocent helped of course, but it didn't keep him form being convicted). Also, The Exoneration Initiative works specifically on cases without DNA. They recently freed William McCaffery who had served 4+ years for a crime that never happened. Lastly, California Prison Focus publishes a Prisoner Self-Help Manual specifically dealing with challenging Prison Gang Validation. It should be noted that having the manual can have you validated as a gang member, be careful. Hope that helps someone, at least here in Calif. My advice is keep asking until there's no one left to ask and don't take no for an answer and always do your own research to double check what anyone tells you and beware of the consequences of 'fighting back' Good luck to all the families fighting everyday for their loved one's and bless those generous souls who choose to generously give their legal expertise to get our loved ones home knowing that there will be no financial reward.
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  #258  
Old 05-31-2011, 02:16 AM
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What about an attorney for wrongful sentence enhancements? Would you still in the same place? 10 of the 14 years he has in enhancement and he has no gang relation, no violence. I have been researching this and cannot see with his charges why they were so high...would really like to at least talk to someone.

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  #259  
Old 06-02-2011, 12:05 PM
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Good info to have for many who cannot afford lawyers. Thanks!
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  #260  
Old 06-05-2011, 04:32 PM
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Originally Posted by yourself View Post
Well, gee, you must be a lot better than me. Then again, I spend all day reading court opinions and writing briefs and motions and stuff like that. I don't have a lot of time to keep up with text speak and the latest slang. And the Judges I deal with don't appreciate wasting a lot of time on that stuff either. As an FYI, with the huge volume of Pro Bono requests all lawyers get each year, language like that reduces the chance that any of us will actually bother to read the request.

This is a message board. People are here seeking information and encouragement not nasty answers. This isn't a court room, request for assistance, ect. so give it a rest. It was an encouraging post to someone in need of that.
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  #261  
Old 06-05-2011, 06:08 PM
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Originally Posted by SouthernGyrl View Post
This is a message board. People are here seeking information and encouragement not nasty answers. This isn't a court room, request for assistance, ect. so give it a rest. It was an encouraging post to someone in need of that.
thank you so much for pointing this out to me! Please, next time, put in text speak so I can easily ignore you.

I swear, it's like trying to tell a defendant that a Budweiser t-shirt was not the best choice in courtroom attire for his DUI trial.
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  #262  
Old 06-08-2011, 04:40 PM
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Default I need a pro-bono attorney in Buffalo, NY!!!

Hi, I have a question regarding a legal matter and was wondering if anyone knew of any pro-bono attorneys in Buffalo, NY. My father is incarcerated in Orleans County, NY, graduated the shock program last November 2010, but was denied parole because he was deemed a "threat to the community" ( he committed larceny- a white/blue collar crime) However, we received a paper back from his appeal stating that there was no evidence that would have denied him parole from shock. He was then sentenced to be with the general public in Orleans County until Feb. when he was put into work release. While in work release, he had found 4 different jobs, but was told that he couldn't accept them. Then, finally when he was allowed to work at one of the jobs, he told them that he was on parole, and not work release. Work release found out and then sent him to the box in Orleans until July 12th. Well, last week, after weeks of threats from his box-mate saying that he was going to slit his throat with his razor, he slipped the Captain a note saying that he was being abused. Which, he was, he had bruises all over his body, was being tied up and strangled at night. My father weighs about 160 lbs soaking wet, if that, is paralyzed in his right arm, and has no spleen. However, when I call on Monday morning, 6/6/2011 asking to speak to his counselor, he tells me that my father has been in a fight, but it wasn't bad enough to be hospitalized. Number 1, my dad does not have a spleen, if he was punched in the stomach, he may have internal bleeding and no one would ever know. The main reason I am writing is because now my father was issued a ticket for not reporting being "abused" by his box-mate and faces being in prison even longer, when he was just trying to protect himself.

Any advice would be great
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  #263  
Old 06-08-2011, 07:09 PM
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There is no such thing as a pro bono attorney. All attorneys can take a case pro bono if they choose, and are officially encouraged to do so by the Bar Association. However, you need to find an attorney who has the time to donate to you, who has expertise in the area you want to contest, and who likes the case. You have to interview a lot of attorneys to find that combination.
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  #264  
Old 06-08-2011, 10:41 PM
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There is no such thing as a pro bono attorney. All attorneys can take a case pro bono if they choose, and are officially encouraged to do so by the Bar Association. However, you need to find an attorney who has the time to donate to you, who has expertise in the area you want to contest, and who likes the case. You have to interview a lot of attorneys to find that combination.
Might I add respectfully here, LEGAL REFORM is just as IMPORTANT as this MEDIA US BS Medical crap.... OUR PEOPLE ARE DYING at the hands of the GOV. left/right/middle/north and south...... THERE is NOT ONE thing RIGHT about LEGAL in the DIVIDED States of America.
Lawyers and Doctors are SOOOO NOT about "RIGHT". The US of A is a selfish, greedy, wasteful group of G A N G S.... From the "top" Masons all the way to the bottom Street level.
AND, President Obama is the ONLY GLIMMER of light there is... A NEW BREED.. BUT---- HISTORY has already proved the US will NEVER be what they PROCLAIM it to be.... The white man stole this once beautiful and prosperous land and made it into a selfish, greedy and wasteful place...
Sorry so long and in depth... BUT IT IS WHAT IT IS.
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  #265  
Old 06-08-2011, 11:16 PM
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Might I add respectfully here, LEGAL REFORM is just as IMPORTANT as this MEDIA US BS Medical crap.... OUR PEOPLE ARE DYING at the hands of the GOV. left/right/middle/north and south...... THERE is NOT ONE thing RIGHT about LEGAL in the DIVIDED States of America.
Lawyers and Doctors are SOOOO NOT about "RIGHT". The US of A is a selfish, greedy, wasteful group of G A N G S.... From the "top" Masons all the way to the bottom Street level.
AND, President Obama is the ONLY GLIMMER of light there is... A NEW BREED.. BUT---- HISTORY has already proved the US will NEVER be what they PROCLAIM it to be.... The white man stole this once beautiful and prosperous land and made it into a selfish, greedy and wasteful place...
Sorry so long and in depth... BUT IT IS WHAT IT IS.
Thank you - I guess I should get off these boards and start charging, get rid of all my pro bono clients and double my fees. Hell, triple my fees, and never go to a police station again.
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  #266  
Old 06-09-2011, 10:19 AM
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Some legal professionals go to work because they believe in justice and a paycheck has nothing to do with it … bless those generous souls who choose to generously give their legal expertise to get our loved ones home knowing that there will be no financial reward.


While true is that many legal professionals “believe in justice”, if but not for financial remuneration, we could not pay back out student loans, nor could we affords to pay the costs of Westlaw, Lexis and other legal research databases we use; our tools of the trade, so to speak. To be sure, without compensation, we’d all have to file bankruptcy.

I cannot speak for other legal professionals here regarding pro bono work, but I can and will speak for me. And what I have to say is this: I donate a lot of time and money to actual innocence cases. When I can, I give my all to helping free those who are innocent of the offenses for which they are convicted and imprisoned. But, I do not, nor will not, donate my expensive legal education, time and hard-earned money in effort to cause for the release of someone who is guilty of the offense(s) they are imprisoned for.

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This is a message board


Correct you are. For my message, see above.

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There is no such thing as a pro bono attorney. All attorneys can take a case pro bono if they choose, and are officially encouraged to do so by the Bar Association. However, you need to find an attorney who has the time to donate to you, who has expertise in the area you want to contest, and who likes the case. You have to interview a lot of attorneys to find that combination.


The economy has changed the pro bono assistance landscape. Yes, the Bar does encourage all attorneys to donate X number hours each year to pro bono work. But nowadays, the vast majority of lawyers – at least the ones I contract with – are more inclined to give pro bono assistance to situations involving foreclosures or evictions and to domestic violence cases than to helping free someone from prison who was unduly harshly sentenced for a crime they are factually guilty of.

***********************

As I mentioned above, I limit my pro bono assistance in criminal cases to those in which someone is factually innocent of the crime(s) for which they are imprisoned. Many members here claim their loved one is innocent, and some truly are, but by no means all. My experience shows that less than 20% of those claiming actual innocence, are indeed actually innocent. But to determine the innocence/guilt probabilities in a given case requires expenditure of a lot of time. I mention this to point out that when someone requests my “free” assistance based on the assertion that their loved one is truly innocent, and when it turns out they are truly guilty, the time I carve out of my schedule each week to help the truly innocent, is dramatically reduced.
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  #267  
Old 06-10-2011, 09:33 PM
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Besides the trials and appeals branches, the Kentucky Department of Public Advocacy has a post conviction branch that deals mostly with ineffective assitance of counsel claims. We don't do it soley for the paycheck, we care about the clients and want to help them however we can. The paycheck is at the bottom of the list. Our lawyers are court-appointed for indigent inmates. (Gideon v. Wainwright, 372 U.S. 335 (1963)).
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  #268  
Old 06-11-2011, 12:39 PM
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Thank you. I'm new to this type of communication. The information you have provided is helpful.
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  #269  
Old 06-12-2011, 10:19 PM
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Hi Ken, I sure can use your search engine. This is my first time at prison talk. I have been searching endlessly in finding a Pro Bono Attorney, Civil Rights Action (Lawsuit) in Ely, Nevada. White Pine County, Nevada. Thank you.
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  #270  
Old 06-17-2011, 06:56 PM
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Hi Ken, I sure can use your search engine. This is my first time at prison talk. I have been searching endlessly in finding a Pro Bono Attorney, Civil Rights Action (Lawsuit) in Ely, Nevada. White Pine County, Nevada. Thank you.
Actually, you're not looking for a pro bono attorney. You're looking for an attorney willing to work on a contingency basis. No attorney will file a 1983 action totally gratis, especially since some 1983 actions allow for recovery of attorneys fees and all related costs.

Pro Bono - totally free; win, lose, or draw, the attorney's not getting paid. Note, you may have to come up with costs.

Contingency - free if you lose, but the attorney recovers fees up to a certain percentage if you win. Top rate, if I remember correctly, is 40% if you go through to a jury verdict. You may say that's crap on a $1M verdict, but that percentage is the same if you recover $1. Note, also, you may have to pay fees.

Flat Fee - you pay a fee up front for the duration of the representation as defined by contract. Representation ends when the contract says it ends. Flat fee may or may not include costs.

Retainer - an estimated amount given to the lawyer to place in trust as s/he represents you in that particular cause. The lawyer then deducts his/her hourly rate for billable hours. May or may not include costs. The attorney is obliged to return any unused portion to you at the termination of the litigation. Further, it's an estimate, and sometimes that estimate is off in the other direction, requiring the attorney to ask for more retainer.

Attorney's Fees - what you pay the attorney for what the attorney does

Costs - filing fees, subpoena costs, expert costs, testing costs, stamps, phone call costs (especially if they're coming from jail), and anything else that the attorney has to pay for, but wouldn't have to pay for if s/he wasn't involved in that particular case.
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  #271  
Old 06-19-2011, 11:58 AM
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Default need Probono advise; cannot afford Lawyer

.ExternalClass .ecxhmmessage P{padding:0px;}.ExternalClass body.ecxhmmessage{font-size:10pt;font-family:Tahoma;}.ExternalClass .ecxhmmessage P{padding:0px;}.ExternalClass body.ecxhmmessage{font-size:10pt;font-family:Tahoma;}Hello,

Anyone out there I need advise on a case of a friend. I have a friend, who has been incarcerated for over 12 years. He was sentenced under an illegal sentence, because in the state of Florida you cannot represent yourself as a lawyer if your a Psyche inmate. Nevertheless, the state of Florida let him do this; furthermore I am simply trying to see if you can point me in the right direction in getting him Pro Bono help; since, he cannot afford a regular lawyer. Also, how much would a case like his cost; being that his appeal has been denied twice.

I would appreciate if anyone can either point me in the right direction or give me any type of advise to go forward. My friend appeal time is running out by the deadline date. Also his brother is concerned because the appeal time frame causes him to run out of time. I do not know when is the deadline date though, but my friend is concern.

Also the Inmate wants to reach out to help: "What's up I'm (FL inmate name & DOC #removed per policy). The living conditions are substandard, because the Dept. of Corrections is making millions off inmate families. I want to start a State Petition drive to the FL. legislature for new Laws that will protect inmates rights. If you can help or have ideas leave an address or E-mail: (removed per policy; please contact member via pm system). Thank you & God Bless

Last edited by patchouli; 06-19-2011 at 12:10 PM.. Reason: Removed email addy and FL inmate's writing addy;
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Old 06-19-2011, 01:01 PM
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First off, your friend is going to get no traction on the issue of self representation. Self representation is an integral right held by every person, citizen or not. The competency of a person to represent himself is pretty basic, and is not based on whether or not the person is a psych patient. Hell, plenty of lawyers have psych histories but are nonetheless competent to represent others, without bar oversight. So, if the court properly checked the legal competency of the Defendant (and they probably did), and the guy wanted to represent himself, the Court had to abide by that decision. The consequences of representing yourself include waiving Ineffective Assistance of Counsel on appeal. You're not going to find an attorney willing to take that case - plenty of Defendants have represented themselves all the way to a lethal injection. Nobody's going to take your friend's case based on competency, especially when death is not involved.

Normally, the appeal is handled by an appeals lawyer, either one hired by the Defendant (or his family) or appointed by the court, as in the case of people who use the Public Defender. If he would have qualified for the PD for his trial, he should petition the court for the appointment of the state appellate defender to handle his appeal. Otherwise, find a good post conviction attorney.



A private attorney is going to run you a minimum 5 figures if you can find anybody actually willing to appeal a perfectly legal sentence because your friend decided to defend himself. Whether that 5 figures is more towards 6 figures, or the lower 5 figure number depends on a lot of factors, including the complexity of the case. I'll tell you this - it's going to be even more difficult to find an attorney seeing as there are current mental health issues. When we see clients who want to represent themselves, we know we're in for a long, arduous time just trying to explain stuff. Throw in a Defendant who represented himself, and the natural criticism of that representation, and it's a headache waiting to happen.
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Old 06-20-2011, 03:03 PM
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Default I was Told to just call and ask

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Does anyone know any Pro Bono Attorney's in Michigan? The innocense projects here only take cases where theres DNA found, they did find DNA but it was not my husbands. The jury heard only that they did not find my husbands DNA they didn't hear other DNA was found.
I wish you luck ,,, that your posting find what you need. I called everywhere,,,, looking for someone with compassion to take my sons case,, pro bono , I could not find one,,,,,,Good luck with your search
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  #274  
Old 06-20-2011, 06:56 PM
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Somewhat off-topic, but there are attorneys who will work on a "low bono" basis, accepting a reduced fee in a case where a defendant and/or family has a low or fixed income. Some will also agree to allow someone to make payment--in practice, as long as you are paying SOMETHING each month, that's generally enough to keep the peace.

All of this is strictly voluntary, as is pro bono work. State bar associations, as a rule, "strongly encourage" every attorney to do some each year, but cannot require it (my father never did, purely because he was a cheap s.o.b.). It can help to see which attorneys in your area tend to be "civic minded" or active in the community. Similarly, at least some bar associations give commendations to attorneys, the most common reason being for pro bono work. If you see such a certificate in an attorney's office or can learn who has received a commendation or commendations (some bar associations publicize this, some do not), you've probably found a good one to at least approach with the idea of taking on a pro bono case.
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  #275  
Old 06-20-2011, 06:58 PM
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Somewhat off-topic, but there are attorneys who will work on a "low bono" basis, accepting a reduced fee in a case where a defendant and/or family has a low or fixed income. Some will also agree to allow someone to make payment--in practice, as long as you are paying SOMETHING each month, that's generally enough to keep the peace.

All of this is strictly voluntary, as is pro bono work. State bar associations, as a rule, "strongly encourage" every attorney to do some each year, but cannot require it (my father never did, purely because he was a cheap s.o.b.). It can help to see which attorneys in your area tend to be "civic minded" or active in the community. Similarly, at least some bar associations give commendations to attorneys, the most common reason being for pro bono work. If you see such a certificate in an attorney's office or can learn who has received a commendation or commendations (some bar associations publicize this, some do not), you've probably found a good one to at least approach with the idea of taking on a pro bono case.
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