By MATT CHANDLER
mchandler@bizjournals.com | 716-541-1654

"If you cannot afford an attorney, one will be appointed to you."

Most Americans recognize that line as a key component of the Miranda rights read to a suspect who is being arrested. What they may not realize, however, is that the right to free counsel is limited to criminal cases.

For the growing number of Americans faced with unemployment, bankruptcy, foreclosure, divorce, custody battles and myriad other civil legal issues, a lack of financial means to pay for such services can compound their already-mounting problems.

For those Americans, turning to civil legal service programs and seeking pro bono representation is often a last resort, especially for those who - prior to the recent recession - never would have thought of themselves as indigent.

With the need rising and funding for civil legal services in peril, many firms are stepping up and making their attorneys available for additional pro bono work. A study by the Washington, D.C.-based Pro Bon Institute suggests that this can be a win-win situation with firms that have experienced their own economic hardships utilizing their underworked attorneys and keeping them active through pro bono work.

Locally, Robert Elardo heads the Volunteer Lawyers Project (VLP). He says demand from clients is on the rise, as well as recruitment of volunteer attorneys.

"We hired Amanda Warner (8th judicial pro bono coordinator) and her job is to do the work of recruiting the lawyers," Elardo said. "There is also a subcommittee here in Buffalo to focus on the larger firms, and it is actually working. The local firms are getting more involved."

Warner said she saw a strong response from large firms (classified by the VLP as firms with 25 attorneys or more) for two recent training sessions. They focused on specific areas of the law where the need is high - unemployment cases and housing evictions.

"Another reason we chose these areas is that it offers really great courtroom negotiation, settlement and litigation experience in exchange for a fairly limited time commitment," she said. "We found that the firms really respond well to that because they want their lawyers to get good experience and a good bang for the buck, in a way."

The pro bono program isn't just about attorneys giving away their legal services for free, according to Warner. It also offers an opportunity for firms to give attorneys a chance to gain valuable training and experience.

Hiscock & Barclay LLP partner Robert Heary said it is a benefit his firm certainly values.

"We see it as training and professional development for our lawyers, as well as the chance to give back to the communities we operate in," he said.

Hiscock & Barclay has been active in the pro bono community for years, and Heary oversees its efforts.

"The firm put together an enhanced pro bono program in June of 2007," he said. "The firm recognizes it has a professional responsibility to provide legal services on a pro bono basis to people of a limited means and try to make a difference in the communities we operate in."

According to Heary, an important element of the firm's program is that attorneys are given an incentive, of sorts, to participate.

"The billable hour is an important thing, and fees generated by an attorney is an important statistic that is looked at by firms and rewarded," he said. "Because of that, our associates receive both billable hour credit and fee credit for their pro bono work (up to 75 hours per year) as if a client had paid real dollars for those services."

That policy extends to paralegals within the firm, as well, and though participation is not mandatory, he said the response has been strong. Hiscock & Barclay provided more than $525,000 worth of pro bono legal services in 2009.

"For our partners, one of the factors that we evaluate them on is supervising attorneys and helping to mentor and develop our associates," Heary said. "So partners who are supervising associates through the pro bono program are given credit for that. We also look at each of the partners' participation in pro bono activities in evaluating their overall contribution to the firm, and that is factored in terms of partner compensation."

Warner of the Volunteer Lawyers Project, meanwhile, said that though the numbers are constantly in flux, more than 400 active volunteer attorneys are onboard. Though she currently is focusing on large firms, there is active recruiting going on at firms of all sizes, including solo practitioners.

"We have a great core of lawyers from small firms - and solo practitioners, especially - handling our divorce and family law cases," she said. "Those are almost entirely either solo, small- or medium-firm lawyers who do a tremendous amount of work for us."

Matthew Herdzik Jr. is among them. Elardo singled him out as a solo practitioner who has given a tremendous amount of his time to VLP. Though he has participated as a pro bono attorney for more than a decade, handling bankruptcy and divorce matters, Herdzik is quick to deflect credit or praise for what he does.

"I find myself very fortunate and thankful that I am an attorney in the first place," he said. "My business has done well and this is one way for me to help those who need assistance."