Pro Bono Service Returns Great Dividends
By Laura H. McConnell

When I met Allen (not his real name), he was a young man in his thirties who had been diagnosed with AIDS. He was thin, frail and visibly affected by the disease. As bad as that disease was, equally bad were the reactions that he had from those around him. He had worked for some time for the same employer. That employer had fired him when he learned Allen had AIDS. Allen was alone and afraid as he came to grips with the fact that he was nearing the end of his life. He lived in a small, wood frame house. He was struggling to meet his living expenses and his medical expenses. Without a job, it was becoming increasingly difficult for Allen to make ends meet.

I agreed to assist Allen on a pro bono basis because his story was compelling to me. This was a man who had lost everything, and as a result of his employment termination, he was losing his identity in the work place and his livelihood.

I met Allen at his home, brought him lunch and sat with him over a meal to discuss his situation. He expressed his sadness, hurt and anger at the employer who had so thoughtlessly dismissed him simply because he had an illness. Allen was sick, but he was able and willing to continue working. I listened to him talk about how much he missed going to work. He was outraged and disappointed - and tired.

Rule 2.1 of the Rules of Professional Conduct provides that in representing a client, a lawyer may refer not only to law but other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation. The comments indicate that a lawyer’s responsibility as advisor may include telling the client that more may be involved than strictly legal considerations. Such was the case with Allen. Strictly legal considerations told me that his employer’s decision to terminate him based solely upon his status as a man with AIDS was unlawful. It was clear to me that if he had elected to pursue a case, Allen could probably have been successful. As an advisor, I needed him to understand what a lawsuit would mean to him. Allen was in the latter part of his life, a life that was unfortunately cut short by a terrible disease. A lawsuit would have required him to spend the end of his life fighting, being deposed and being angry. It was important for him to understand what it would mean to pursue litigation. It was his choice; however, it was also his life. The choice that he made needed to fully consider how that choice would impact the latter part of his life.

After thoughtful consideration, Allen decided that his life was worth more than spending it fighting with an employer who had disregarded him the way he had. Allen understood his rights but also understood what litigation would mean. We decided to focus our efforts on obtaining his disability benefits so that he could be more comfortable at the end of his life.

The decision Allen made was right for him. It was right for his life. He chose to move toward the end of his life in a dignified manner that did not require him to be angry, bitter or unhappy. The decision he made also impacted me. As I observed what we do in our profession, it became clear to me that we have an obligation to do much more than just tell people how they can win cases. We have an obligation to view the whole scope of a client’s life. With Allen, that life was cut short in a tragic manner. Yet I was able to know that at the end of his life, he felt that he had someone who heard him, who was committed to his best interest and who allowed him to make meaningful choices about the direction that the end of his life would take.

The commitment of my time to Allen’s case could be measured in days. However, the impact he made on my view of our profession was immeasurable. We have a unique opportunity to touch the lives of those in need at times that they are most vulnerable and most at need.

I am fortunate that my law firm, Hartzog Conger Cason & Neville, is supportive of work such as this. The resources of our firm are available to our lawyers when opportunities are presented for meaningful pro bono work including work for Legal Aid Services of Oklahoma and Oklahoma Lawyers for Children.

If you know of an individual or organization that should be recognized for its pro bono efforts, please let us know. Submissions should be forwarded to probono@okbar.org or Pro Bono Services Subcommittee, c/o Judith Maute, University of Oklahoma College of Law, 300 W. Timberdell Road, Norman, OK 73019-0701.