Posted in: Lawyers › None, Pro Bono
Individuals navigating bankruptcy court may not always know where to turn or how to move forward due to a lack of resources. In fact, at least one-half of the parties that appear in bankruptcy court lack the resources they need to pay their debts. This is where attorneys like Jane Downey, a specialist in bankruptcy and debtor/creditor law and partner at Moore Taylor Law Firm in Columbia, can save the day through pro bono service.
The bankruptcy bar fills a niche in the world of pro bono service. Those who practice bankruptcy law are, by nature, representing parties who often do not have the means to pay off their debts. In honor of the SC Bar’s ongoing celebration of service, Downey shared her experience with pro bono in the Palmetto State and detailed the organic tie between her practice and community need.
Why is the bankruptcy bar so important and relevant when it comes to pro bono legal services in South Carolina?
People facing financial strife and in need of legal services do not know where to turn nor whom to trust. Often they call the SC Bar for a referral. The bankruptcy bar recognizes filing bankruptcy pro se is difficult to master, and many in debt not only do not have the money to file now - they never have and never will. Some loans should never have been given, particularly to the elderly, disabled or under-educated. Even if not high in dollar amount, the interest will be impossible to repay. Many of these lenders budget the risk of their loans not being repaid, so it is worse for some people to suffer physically through trying to repay or endure collection activities that may push them into more debt by refinancing the loan and borrowing more in the process, than it is for some creditors not to be repaid. The bankruptcy bar recognizes the need and is willing to help, in large part by the advocacy of George Cauthen.
What motivated you to begin pro bono service?
George Cauthen taught me how to do debtor work by accepting bankruptcy cases pro bono. Some of my most grateful clients were pro bono cases.
What does pro bono service mean to you?
Pro bono service means doing good for free and being willing to take time out of my day to make someone’s life less stressful either by answering questions or filing a bankruptcy case. In doing so I am humbled by seeing their lives improve with my help. The CARE program brought to South Carolina by Judge [John] Waites has been loads of fun for me because I see children, teens, college students and mature adults navigate finances in a way they didn’t know before we presented it to them.
How do you weave pro bono service into your regular practice? How do you find and maintain this balance?
When I get a call in particular from elderly people on disability or Supplemental Security Income, instead of charging for my service I encourage them to call the SC Bar Pro Bono Program, assuring them they are going to get a capable and competent attorney to handle their case for free if they can patiently wait their turn. I tell them to call me back if they don’t get the help they need, and sometimes they do. I feel I need to refer them to the free service, though, because I would want someone to do that for me.
Why did you want to get involved practicing bankruptcy law? What do you enjoy most about your job?
In law school I enjoyed code classes like tax, bankruptcy and trusts/estates more than having to be creative drafting a complaint such as for a personal injury action. When I started practicing, I was fortunate to work at Nelson Mullins where we had a program that enabled new attorneys to rotate practices and try out different teams of attorneys. I lucked into working with Don Stubbs, George Cauthen and John Moore among many other great attorneys, as we worked on a large bankruptcy case at the time. George took me under his wing and taught me to think outside the box; Don taught me how to write; and John taught me to balance work and personal life.
As part of an ongoing spotlight on service, the SC Bar interviewed several outstanding pro bono volunteers and champions.
Attorneys interested in volunteering with the SC Bar Pro Bono Program should fill out this form or email Betsy Goodale.