Pro Bono Attorneys - Frequently Asked Questions

Who can volunteer?
What does representing an abused and/or neglected child involve?
How many Delaware attorneys are currenlty volunteering and are they all Family Law practitioners?
How does OCA match attorneys with children?
What training does OCA provide?
What follow up support does OCA provide to its volunteers?
How am I covered for any liability that may result from representing a child?
What are the tangible benefits derived from volunteering for OCA?
What are the intangible benefits?

Who can volunteer?
If you are an attorney licensed to practice law in the State of Delaware, you are eligible to represent a child through OCA. Retired and inactive members are also eligible to volunteer pursuant to Supreme Court Rules 69(d) and 69(f).

What does representing an abused and/or neglected child involve?
In volunteering to represent the best interests of a child, you are statutorily charged with several duties. Most importantly, you need to develop a relationship with your client. You will want to meet all the people important in the child's life and gather all written documentation regarding the child and his or her parents. You will want to make sure you understand the reasons the child entered foster care (if you have a foster care case), and ensure that the Children's Department is doing what is necessary to remedy those issues. You will also want to ensure that the child is getting the services he or she needs.

How many Delaware attorneys are currenlty volunteering and are they all Family Law practitioners?
As of July 30, 2007, about 380 attorneys were representing 654 children. Very few of those attorneys consider themselves Family Law practitioners. The attorneys are partners and associates alike, and practice in all fields, including corporate litigation, patents, intellectual property, real estate, in-house corporate counsel, criminal, medical malpractice and personal injury. Several retired and inactive attorneys also volunteer, some of which are stay-at-home parents.

How does OCA match attorneys with children?
When you fill out the volunteer application, OCA screens it for age groups, special talents and languages spoken. If there is a particular interest or talent you have that may lend itself to representing a child, please let us know and we will consider that in matching attorneys to children. The Child Advocate will contact you via e-mail or phone to determine your availability to represent a child. At that time, information will be shared regarding the child's special needs and the role you will need to play in the child's life.

What training does OCA provide?
Each year, OCA runs several "Nuts and Bolts" trainings. These trainings are held at the OCA offices, other Court facilities and at individual law firms. The program is for two hours and provides 2.0 CLE credits including .5 Enhanced Ethics. OCA also offers a Brown Bag Lunch Series providing one hour seminars on advanced topics in child advocacy. These topics are chosen from routine inquiries, concerns and suggestions from our pro bono attorneys. These programs also receive 1 CLE credit.

What follow up support does OCA provide to its volunteers?
OCA staff is always available to answer your questions. Once you are appointed, OCA will secure your child's file from the Children's Department. OCA staff provide support via telephone and e-mail. The training manual provided at the Nuts and Bolts training includes six chapters of information on the child welfare system as well as phone lists, pleadings, forms, DFS documents, releases, Court rules and statutes and general literature. OCA will help with trial strategy and preparation, mentoring, general questions, interviews, subpoenas, etc. OCA staff will provide whatever assistance is needed. Regardless of the pro bono attorney's need for support by OCA, OCA will still periodically contact all attorneys regarding case status and hours donated.

How am I covered for any liability that may result from representing a child?
29 Del. C. § 9008A indemnifies from liability any OCA volunteer who acts within the scope of his or her appointment, unless the act or omission was done with gross or wanton negligence, or maliciously, or in bad faith.

What are the tangible benefits derived from volunteering for OCA?
You can say you are performing pro bono work and striving to meet the ABA goal of 50 hours per year. Your name will appear on the OCA annual volunteer rosters. Annually, your name will appear in IN RE: recognizing your pro bono contributions. You will receive a letter of appreciation for your pro bono work fromt eh Delaware Supreme Court. You will be able to receive 1 CLE credit for every 6 hours of pro bono work up to 6 credits per reporting period. See CLE Rule 8(D) and Form 13.

What are the intangible benefits?
You get to fulfill that law school dream of feeling like you made a difference. You get to wear the "white hat" for a change. You get the opportunity to teach a child that there are people in the world that are good and that care about him or her. You get to broaden your horizons regarding the world in which we live. You get to meet some incredible people. You get to learn from a child. And occasionally, you get to dramatically change the course of a child's life for the better.