A New Way to Serve
The State Bar of Texas’ latest pro bono program, NOVA, enlists help from its inactive members.
By Eric Quitugua
Since its formation in May 2018, the New Opportunities Volunteer
Attorney, or NOVA, Pro Bono Program has encouraged inactive members of
the State Bar of Texas, as well as out-of-state attorneys, to offer
legal services to people needing help. NOVA replaces the Emeritus
Attorney Pro Bono Participation Program, which was restricted to retired
Texas attorneys and those licensed out of state.
“The NOVA
program is a win-win in that it gives the bar an effective way to
recruit inactive members to engage with pro bono organizations,
increasing capacity at those organizations, and it also provides an
opportunity for attorneys on inactive status to maintain their skillset
by doing pro bono legal work,” said Hannah Allison, the bar’s pro bono
program administrator.
Attorneys in the program are known as
NOVAs and although inactive, remain in good standing with the bar (or
governing entity in their jurisdiction) and courts. NOVAs abide by the
Texas Disciplinary Rules of Professional Conduct and work with clients
through approved organizations, such as certain nonprofits, clinics, or
pro bono programs from Texas law schools; pro bono projects or programs
within the State Bar; or local and specialty bars.
The NOVA
program is governed by Article XIII of the State Bar Rules, which
dictates a volunteer’s scope of authority, MCLE requirements, and
potential discipline, among other standards. For example, a NOVA
essentially works like an active status attorney, preparing documents
and appearing before a court, but cannot present himself or herself as
an active member of the Texas Bar. The attorneys are required to
complete at least three CLE credit hours yearly, and they can be
sanctioned or disciplined by the State Bar for misconduct.
Volunteers and organizations apply to the program and are approved after
meeting the State Bar’s requirements. The organizations—which may have
their own set of requirements—pair NOVAs with clients and monitor the
progress. So far, the program has more than a handful of volunteers,
including attorneys who are licensed outside of Texas.
Jamika
Hilliard, who is licensed to practice in Georgia but is based in Fort
Worth, is working on an uncontested divorce through Legal Aid of
NorthWest Texas under the NOVA program. Though her normal law practice
is in the corporate/business arena, she jumped at the opportunity to
volunteer after hearing about NOVA through a coworker. The program, she
said, allows her to give back to the community while giving her control
over her time.
“There is a difference from working at a firm—I
work at my own pace,” Hilliard said. “No billable hours. My attention is
on one client. I am not looking for a paycheck. Money isn’t the
motivating factor.”
Of course, the purpose of NOVA’s
creation—fine-tuning its pro bono approach to include even more
attorneys—centers on Texas’ nearly 18,000 inactive attorneys.
Austin-based Lynda Frost retired from working for the state in 2017 but
has remained a volunteer, lending a hand as a NOVA through Volunteer
Legal Services of Central Texas, or VLS.
Frost’s background
includes family law, mediation, mental health law, and special education
law, but with NOVA, she is working a case for a program that represents
clients with Class C misdemeanor fines and warrants—primarily people who
have received traffic tickets but were unable to pay the fines, which
eventually compounded. The clients are screened through VLS—she chooses
who she takes on based on location, the nature of the case, and what
she’s comfortable doing.
“It may be the end of your active
legal career but that doesn’t mean it has to be the end to volunteering
to help people in the community,” Frost said. “Those volunteer
opportunities are really scalable. People can spend a lot of time
volunteering or people can spend a pretty minimal amount of time
volunteering and still have a really positive impact—and that’s a great
thing to have in life. I would encourage people to do that both for the
good of the broader community but also for their own satisfaction.”
Allison said the State Bar’s Legal Access Division Pro Bono
Department is always looking for ways to increase pro bono engagement
across Texas. One way the bar accomplishes this is by identifying
potential volunteer groups and addressing their barriers to providing
pro bono services.
“Roberta, an inactive attorney, stops
practicing to care for an elderly parent. She knows she will be
returning to practice and wants to keep up her skills by volunteering
with Houston Volunteer Lawyers. The NOVA program is perfect for her,”
Allison said. “Drew, who works at ExxonMobil, really wants to volunteer
to help low-income Texans with their legal problems, but he’s licensed
out of state. Now he can under the NOVA program.”
For more
information on NOVA requirements and how to apply, go to texasbar.com/NOVA.TBJ
