Walsh, Joseph J.

English

University of Denver

Denver Law Review Volume 27 Issue 12 Article 2 June 2021 Legal Aid in Denver Joseph J. Walsh Follow this and additional works at: https://digitalcommons.du.edu/dlr Recommended Citation Joseph J. Walsh, Legal Aid in Denver, 27 Dicta 437 (1950). This Article is brought to you for free and open access by the Denver Law Review at Digital Commons @ DU. It has been accepted for inclusion in Denver Law Review by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. December, 1950The Denver Legal Aid Society's 25th AnniversaryEvery lawyer will remember that portion of the oath taken by him at thetime he was admitted to practice by the Supreme Court of Colorado which isas follows:"I will never reject, from any consideration personal to myself,the cause of the defenseless or oppressed .... "Attorneys recognize that if any meaning is to be given to this solemndeclaration then it is incumbent upon them to see to it that every person whohas a just cause of action, or who is a defendant in any suit, criminal or civil,has a lawyer capable and willing to appear on his behalf. I am sure, too, thatevery attorney at law realizes that one of the chief distinctions between ourAmerican system of government and that of totalitarian states is that weprovide and insist upon the right of every man to have his "day in court" andto be represented by competent counsel.It is for the reasons above stated that more than 25 years ago membersof the Denver Bar Association founded the Denver Legal Aid Society and eversince that date have endeavored to support its aims and purposes. I sincerelytrust that in the future each lawyer will feel it his personal privilege to assistand cooperate with the Legal Aid Society when called upon to do so.JOHN E. GORSUCH, Chairman of the Board,Denver Legal Aid Society.LEGAL AID IN DENVERHON. JOSEPH J. WALSHPresident, Legal Aid Society of DenverFreedom and equality of justice are twin fundamental concep-tions of American jurisprudence. That statement by ReginaldHeber Smith, in a report on the first comprehensive survey oflegal aid more than 30 years ago, rings just as true today as then.Legal counsel and court representation for those unable to payfor such services are requisites in any democracy that is to sur-vive. Legal aid, as that term is presently used, consists of anorganized effort on the part of the bar and the community to pro-vide these services of lawyers free, or for a token charge, to per-sons who cannot afford to pay an attorney's fee and whose casesare unremunerative on a contingent fee basis. It is, therefore, acredit to both the bar and the entire community of Denver thatno worthy person who has sought legal aid in this communityduring recent years has been denied advice, consultation, and ade-The first record of organized legal aid as such in this coun-try dates from the year 1876 when Edward Saloman, a prac-ticing lawyer in the City of New York and a former governor ofthe State of Wisconsin, organized a society to assist German im-migrants who were without funds to secure counsel. Thereafter,the "Bureau of Justice" was organized in Chicago to serve allindigent applicants. By the turn of the century Boston, Philadel-phia, Pittsburgh, and Newark had organized societies for like pur-DICTAposes. By 1916, 37 cities operated some form of legal aid organ-izations. There were 117,201 people who sought advice or otherservices from the agencies then. existing. By 1949, 92 legal aidoffices providing services in civil cases were in operation through-out the United States.An early local attempt to provide "Justice for the Poor" wasmade in the year 1904 when the University of Denver School ofLaw organized a "Legal Aid Dispensary" primarily to providepractical experience for the University's law students. Consider-able work was done in the matters of wage claims and nonsupport.While this effort was successful from educational and charitablepoints of view, the volume of work and administrative costs pro-hibited activities after the year 1910. The then Dean stated thathe found he was dispensing more money to keep the legal aiddepartment running than he was dividing among his entire faculty.This, of course, led to the abolition of the legal aid department;however, the Dean stated that he found this method excellent forteaching the practical aspects of law.By the year 1924, the need for an organized legal aid societywas felt in Denver and received the backing of leading membersof the bar as well as other prominent citizens. On the 25th day'of February, 1925, the hands and seals of seven men I were affixedto the certificate of incorporation of the Legal Aid Society ofDenver. The certificate provided that the management of theSociety was to be entrusted to a Board of Directors consisting of25 persons. 2 The gate to the hall of justice was then opened, andit has since been locked in that position. Year by year, an increas-ing number of our citizens have sought assistance at the officesof the Society until presently, after 25 years have elapsed, thenumber of applicants annually exceeds 4,000.The embryo organization was supported through contributionsfrom members of the bar and from other public spirited citizens.The worthiness of the organization was recognized by the com-munity at large in the year 1928 when it became an agency of theDenver Community Chest.LEGAL SERVICES RENDERED BY STAFF, BAR, AND LAW STUDENTSThroughout the years, individual members of the bar havecontributed great support'to the organization. Because of an ex-tremely limited staff, the agency could not have progressed with-out such support. Likewise, the agency's officers, board members,1 L. Ward Bannister, Charles C. Butler, Horace N. Hawkins, George C. Manley,Albert A. Reed, Halsted L. Ritter, and Stanley T. Wallbank.2L. Ward Bannister, Charles C. Butler, Tyson S. Dines, Clayton C. Dorsey, W. S.Friedman, Charles D. Hall, Horace N. Hawkins, Mrs. Ann Hayes, Thomas Kelly, SamuelKohn, George C. Manley, John Mullen, James Pershing, Dr. Lillian Pollock, Albert A.Reed, Mrs. Verner Z. Reed, Halsted L. Ritter, Jacob V. Schaetzel, Thomas Stearns,George P. Steele, James Thomas, Stanley T. Wallbank, and Mrs. Willis Wolf. Tributeshould also be paid to the late Harry Green, whose untiring efforts contributed so muchto the success of the Society during its formative years. The long and continuous serviceof Mrs. Ida Nelson also merits commendation.Vol. 27438 DICTADecember, 1950and committees have given freely of their time and counsel inassisting staff members with various problems, policies, and pro-cedures that inevitably confront an organization of this type.3Nevertheless, the present smooth and business-like managementof the Legal Aid Society is due in no small measure to the ableassistance and splendid executive work of its present director,Paul Irey, and his efficient staff consisting of John W. Patterson,H. Joe Rawlinson, and Mrs. Barbara Freed. It can truthfully besaid that they have dedicated their services to a worthy cause andthat their compensation for the services they perform is far fromadequate.Since court representation by staff attorneys must of neces-sity be limited, prior to the adoption of the existing manual ofpolicies, a study was made of the experiences of similar agenciesthroughout the country in an effort to make the most effectiveuse of available personnel. This study made clear the desirabilityof utilizing to as large an extent as possible the services of mem-bers of the bar. Consequently, under existing policies, a case isaccepted by the Society only if the payment of any fee would causeundue hardship to the applicant. On the other hand, if a partialfee can be paid, the matter is referred to a member of the panelof 117 attorneys who assist on a purely charitable basis. The factthat for the year 1949 the average fee received by an attorney ona referred case was only $17.46 again bespeaks the highest co-operation from members of the bar in counseling and representingthose who cannot strictly qualify as charitable clients.Each year some 10 to 12 students from the University ofDenver College of Law "serve their terms" in the offices of theSociety. The students work directly under the supervision of oneof the staff attorneys. They may interview clients, draw conclu-sions concerning the application of the law to the factual situa-tion, and represent clients in the Justice Courts. The students alsoassist in research when necessary. This arrangement has provedmost helpful and satisfactory. From their experiences, the stu-dents benefit greatly through the confidence that they acquire intheir own abilities to "act like lawyers." From the standpoint ofthe Society, the assistance from students in interviewing clientsas well as in performing other duties saves much time to staffattorneys. The University recognizes that this training is invalu-able to the students and allows them credit for the work.The present Board of Directors and members, active and honorary, who give oftheir time and thought and who are never too busy to lend a helping hand in the solu-tion of the many problems that confront the Society during the course of a year in-clude such outstanding citizens as: Dr. A. S. Cecchini; William Doyle; John E. Gorsuch,Chairman; Mary C. Griffith; Charles D. Hall, Treasurer; Hon. William S. Jackson;Dean Gordon Johnston; Ben Lantz; Norman A. Lundstrom; Stevens Park Kinney(Honorary Vice President) ; Max Melville; Al G. Meyer; Dr. Arthur L. Miller; Msgr.John R. Mulroy; Fritz Nagel (Honorary Member) ; Hon. Orie L. Phillips (HonoraryMember) ; Catherine Dines Prosser; Lon J. Putnam; Mrs. Elizabeth Quereau; HowardRoepnack; James N. Sabin, Vice President; Joseph C. Sampson; Jacob V. Schaetzel;Edward H. Sherman; John Campbell Street; Franklin A. Thayer; Stanley T. Wall-bank; Harold M. Webster; Edwin J. Wittelshofer; and Rabbi Joel Zion.DICTAThe rapid growth of population in communities outside Denverin adjacent counties has necessitated some arrangement with thebar of the First Judicial District. Hundreds of persons who areemployed in the City and County of Denver, yet reside within acounty in the First Judicial District, have brought their problemsto our offices. If these clients have been without funds, and iftheir actions were pending in a Denver court, assistance has beenrendered. However, the applicants have often needed representa-tion in the courts of an adjacent county. The bar of the FirstJudicial District recognized this situation and formed a LegalAid Committee with a panel of volunteer attorneys to serve suchapplicants in their respective counties. It is felt that this com-mittee has performed a fine service, and through its efforts theentire Denver area is now being served. This is undoubtedly whatthe Honorable Fred M. Vinson of the United States Supreme Courthad in mind when he said:Legal Aid should not exist only in the cities; it should be ex-tended to every part of this country to protect the rights of those whocannot protect themselves.NATURE OF LEGAL PROBLEMS PRESENTEDAs a matter of basic policy, it has been found necessary toplace some restrictions on the type of cases handled. For example,divorce and separate maintenance matters are not handled bystaff attorneys unless there is a definite social need or unless theservice is recommended by a member of the bar. Other familymatters, on the other hand, are readily accepted, and much timeis spent by staff attorneys in such matters as civil enforcement ofthe payment of support orders. Generally real estate matterscannot be accepted except in the defense of foreclosure and onbehalf of tenants in eviction matters. Bankruptcy problems arenot accepted or referred unless investigation shows that the appli-cant is harassed by threats of garnishment or other measureswhich would endanger his job. Claims on behalf of a client inexcess of $100 or wage claims in excess of $200 cannot be acceptedas a matter of general practice. Personal injuries cases will notbe accepted where it may be assumed that a member of the barwill handle them on a contingent basis.During World War II, the Society provided counsel and legalservice for servicemen and their dependents who were unable toretain private counsel. Again the Society is endeavoring to rendera like service, particularly in civil matters where the applicant'sproblems are governed by the Soldiers' and Sailors' Civil ReliefAct as amended. In this connection, all matters concerning con-veyances of real property or the drafting of wills are referred toa member of the panel.Very often applicants for legal assistance at the offices ofVol. 27440 DICTADecember, 1950the Society are concurrently confronted with a social problem thatcan be answered only by some other branch of the communityservices, public or private. The Legal Aid Society expresses itsgrateful appreciation to the many agencies that have assisted inthis field.The problems that have been presented to the Society maybe divided into four different groups: economic, family, property,and "other". During the year 1949, 1,641 applicants were con-fronted with problems which, in one manner or another, affectedfamily relationships. Purely economic matters were presented in991 instances, whereas 918 involved property rights. Approxi-mately one-fifth of the applicants were confronted with problemsthat could not be properly classified in these first three groups.Slightly more than one-half of the applicants sought only advice.Of all the problems presented to the Society by the applicants dur-ing the year, 1,086 were terminated without court action. 759were referred either to attorneys on the reference panel or toother agencies. 134 were terminated after court action, and 104were rejected at first interview.SOME LAWS HARSH WHEN APPLIED TO INDIGENTSThe experience of the Legal Aid Society during its first 25years of operation has revealed that there are some laws of thisstate which, although undoubtedly enacted in good faith in anattempt to correct a then existing evil, have caused particularhardship when applied to the indigent applicant for legal aid.Serious thought should be given to the matter of remedial legisla-tion to provide the very substantial number of persons relief fromwhat appears to be undue hardship under some of these existinglaws. Particular attention should be given to the present lienact as it affects tenants as well as to the manner in which it isenforced, to the existing attachment and exemption statutes ofthis state, and to the matter of foreclosure and sale of personalproperty under powers contained in chattel mortgages or condi-tional sales contracts together with subsequent deficiency judg-ments after foreclosure. These are the most urgent fields whereinlegislative amendment would seem to be needed for the relief offamilies in the low income brackets. The problems which theypresent (together with the criminal aspects of non-support) arediscussed more in detail in separate articles appearing in thisissue.Many clients come to the offices of the Legal Aid Society withhopeless situations arising from contracts entered into withoutthe advice of counsel. It would seem to be obvious, therefore, thatthe work of the Legal Aid Society would be furthered throughany encouragement or publicity which is given to programs de-signed to impress upon the public the importance of seeking legaladvice prior to executing what may appear to be simple contracts.DICTA

Legal Aid in Denver

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