PRO BONO SPOTLIGHT OCTOBER 2023

The Pro Bono Spotlight features attorneys chosen by the Texas Access to Justice Commission or the State Bar of Texas for their exceptional commitment to pro bono work. Find pro bono opportunities, support, and inspiration at probonotexas.org. Opinions expressed on the Texas Bar Blog and in the Texas Bar Journal are solely those of the authors. Have an opinion to share? Email us your letters to the editor or articles for consideration at tbj@texasbar.com. View our submission guidelines at texasbar.com/submissions.

Richard Pena

Interview by Will Korn

Photo courtesy of Richard Pena

Richard Pena’s reason for taking on pro bono work is straightforward: he believes it is simply the right thing to do. In the world of workers’ compensation claims, workers who suffer injuries, afflictions, or threats to their income benefits sometimes face immediate financial hardship in the absence of such benefits. In these situations, Pena knows his commitment to offering legal assistance at minimal or no charge can make a profound difference in benefit recovery. The Austin-based small firm practitioner and 1998-1999 state bar of Texas president caught up with the Texas bar journal to discuss the importance of pro bono work in both his career and life.

Interview by Will Korn
Photo courtesy of Richard Pena

WHY DO YOU DO PRO BONO WORK?
I feel fortunate that I can help people who need help. I am honored to be an attorney and have always felt that our duty is to help those who need our help. I tell the college students who work for me that a lawyer carries a shield and a sword. The shield is to protect the clients and the sword is to strike for justice. I represent these people because it is the right thing, they need me, and I have faith that the fees will take care of themselves.

HOW WOULD YOU SAY HANDLING PRO BONO WORK HAS BENEFITED YOUR LAW CAREER?
I have found that the more pro bono work I do, the greater the tangible rewards are to my office and personal career. The reality is that most people become lawyers to make a positive difference in people’s lives. Doing pro bono work allows you to do that. Along the way, doing pro bono work allows a lawyer to develop and fine tune legal skills, network with other lawyers, and fulfill your professional responsibility. I have found that doing pro bono work brings positive energy to me and those around me. In a broader sense, it also helps the lawyer lead a more balanced professional life. It really is a win-win situation between the client and the lawyer.

DESCRIBE A PARTICULARLY MEMORABLE PRO BONO CASE YOU’VE HAD.
Years ago, I was representing a state worker in a workers’ compensation case. She had limited vision, had stumbled, and fallen onto her knees. Shortly after her fall, her legs started swelling. As the insurance company was accepting only a knee strain, it would not pay for her to see a proper doctor for the swelling of her legs. Doctors would not see her because they said it was a workers’ compensation case. The condition progressed to massive swelling and gross enlargement of the legs and other parts of the body. We pleaded with a specialist to see her without payment, and he concluded she probably had a condition similar to elephantiasis, which is caused by obstruction of the lymphatic system and can be caused by trauma. I asked for an emergency hearing. The doctors said her organs were being affected, and she continued to grow to the point where she weighed well over 500 pounds.

We found a hospital in Houston who would accept her for emergency surgery if the workers’ compensation carrier would accept the condition and pay the bill. Doctors said she had days to live. I went to the benefit review conference and asked for an interlocutory order, which is seldom given. The hospital in Houston was on call waiting for her if we won. She was so heavy that a pully was needed to get her out of bed, and she was put in the back of a U-Haul as she would not fit in a car. The hospital was on alert and waiting for her if we got the emergency order. The U-Haul was waiting in the parking lot outside the hearing. After arguments of both sides, the benefit review officer issued the emergency interlocutory order. We got a copy of the order, gave it to the driver of the U-Haul, and notified the hospital. Upon her arrival, they took her into surgery, and they saved her life. In what I do, every day brings a new memorable case. I feel lucky to have this opportunity and every day is a challenge.

WHAT WOULD YOU SAY TO AN ATTORNEY WHO IS CONSIDERING PRO BONO FOR THE FIRST TIME?
Just do it.

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