Experience with pro bono attorney groups (e.g. Legal Aid)?

In My Humble Opinion
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Like the title says. Has anyone here used the services of Legal Aid-type organizations, and if so, would you rate the experience as a positive / negative? (I’d be grateful to hear from any attorneys who’ve done pro bono work as well – don’t get me wrong, I’m not asking for legal advice, of course, but rather just wondering what I can expect from a consultation with such a group.)

Specifically (but not too specific :D) I have a legal question about a contract I signed a few years ago related to an artistic work I (as a freelancer) created for hire-- in particular, the contract’s validity. I want to double-check that this work-for-hire contract is legally kosher (alas, I think it is; there may be one small loophole I can see but I’m certainly not willing to make such a judgment call on my own). If the contract is valid as I suspect it is, I also want to ascertain what my rights are (if any) regarding future works related to but not directly referencing the project in question.

Whew. It’s hard being vague!

Anyway, since I’m not exactly flush at the moment, I’m considering taking these questions to the Volunteer Lawyers for the Arts here in NYC. It’s basically Legal Aid for us artsy types, as I understand it, though I could certainly be wrong.

So I was wondering if anyone had experience either with this or any other pro bono legal organizations, and whether they’re worth the money we’re not paying 'em. :slight_smile: If anyone’s ever worked with this particular group or one of its brethren (I think there are VLAs in several different states) I’d be thrilled to hear about it.

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IAAL. I’ve done Legal Aid work, as well as volunteer sessions at a pro bono clinic, and I’d say that the services you receive there would be about the same as you’d get if you had retained your own lawyer. I gave your link a quick look, and it seems to me that this organization has a number of properly-licensed (and presumably insured) lawyers on-call. So there should be no question as to their qualifications–you’ll be speaking with a lawyer.

However, one of the drawbacks that I find in doing this sort of thing is that there often isn’t as much time as I’d like to have with a client. To give you an example, my pro bono sessions are limited to 30 minutes with a person. This is to fairly accommodate all who show up that day, but it makes it difficult when (for example), the client wants me to plow through a dense contract, forgets to bring all relevant paperwork, and/or has all kinds of questions that pertain to the issue only slightly, if at all.

But if the client has done a little homework, and comes prepared with documents and focused questions, things can go quite well. It sounds like you would fall into this category.

I’d suggest giving this organization a shot, but call first and get some information. How long do you get with the lawyer? Is any fee payable? (Legal Aid here works on a sliding scale–it’s only totally free if you earn below a certain amount; above that, you’ll pay a percentage of the bill based on income). How long do you get with the lawyer? Do you get to choose a lawyer, if you have a certain one in mind? (For example, if a Legal Aid client asks for me specifically, and I’m agreeable, Legal Aid will allow the request.) Will the lawyer take your case further if necessary, or are you limited to a single consultation of a certain amount of time? There are more questions, but these should give you an idea of the type of questions to ask.

Good luck!

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Ah, thank you, this is excellent advice, Spoons, Esq. Yes, I would imagine the time involved for a consultation is pretty brief, considering how many clients would be clamoring for attention. It’s interesting that this org. (and maybe it’s the same with other volunteer legal aid types) sort of pre-vets you and then assigns you – or not – to an attorney. I hadn’t really considered how that works, I sorta just thought it would be like one of those “speed dating” scenarios, where you rush in, have about ten minutes’ worth of consutlation, and then bam, you’re done.

Luckily this contract isn’t that long (well, seven pages… seems long to me but probably that’s not too bad for an attorney) and honestly I’m already expecting what the answer to part A will be (“is it valid?” “yep”). It’s more the “okay, then what are my options for doing _____, or what is the best way to negotiate future contracts so I can do _____” that would probably require most of the lawyer’s brain cells and thus my allotted time.

Either way s/he might give me some ideas for better negotiating in future W-F-A agreements. (For example, I’ve learned just from research that only nine types of artistic products can fall into the work-for-hire category, and mine isn’t one of them. Which is why the other party’s attorney added verbiage that includes basically “If said work is not considered a work-for-hire under (legal statute number), you give your rights away anyway.” Smart – and that’s the sort of wording the linked website recommends to cover all bases.)

So what I’m hoping to get from this consultation is what, if any, language I can request to be included or disincluded in a contract to better protect certain forms of derivative works that wouldn’t be a conflict for the other party.

Thanks so much for taking the time to check out that site. I’m now addicted to it, actually… I love that they have a page with listing/descriptions of actual available cases from which attorneys can pick and choose. That made for fascinating reading alone. Plus they offer something called Legal Bootcamp for artists that gives the basics on what artists in various disciplines should know. I think I might go to that one, as it’s coincidentally coming up later in February. Too late to do me much good for my current situation, but forewarned is forearmed.

Anyway, thanks very much again, Spoons.

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You’re quite welcome, and I’m glad to hear that you found my post useful.

I will say that the above quote of yours, about “the other party’s attorney,” caught my eye. Were you represented by a lawyer at the time of contract negotiation? If not, there may be something here. I can’t say exactly what, being unfamiliar with the contract and the negotiations that occurred, but do bring this fact to the attention of the lawyer you speak with. Especially if you were unrepresented, he or she will probably have some questions about how the contract was negotiated, who drafted it, what the circumstances of signing it were, and so on.

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Hey Spoons,

Oh that’s a good point, and the sort of thing I probably wouldn’t have brought up. The contract doesn’t state who the attorney was, but I know the other party does use one for drawing up his/her contracts (and frankly this other party isn’t bright enough to do this on her/his own) so yeah, they were represented, and I, being a mere idiot of a not-quite-starving artist, was not. There really weren’t any negotiations, as this is the company’s standard WFH agreement, though on the plus side I believe I was the first freelancer to successfully negotiate for public credit for my work, so at least that was something.

The possible loophole of which I spoke earlier was the fact that this contract was drawn up and signed two months after the work was completed. That’s where there’s allegedly some wiggle room, at least according to various sources. But I think even that is probably covered anyway by the “at the time of writing you knew the work you were producing was going to be considered work-for-hire anyway” argument.

So basically I did the crime and will do the time, so to speak – meaning that I accept that it’s my own fault for not being more self-protective and aware of what I was signing away when I signed the contract, and thus I’m bound to it. Just sorta want to know what I should do for next time. As there almost certainly will be a next time. :slight_smile: