Pro Bono in Family Law: Overcoming Obstacles in a Post-COVID World
BY MVL ADVISORY BOARD MEMBER ASHLEY BALICKI
The COVID-19 pandemic brought unprecedented challenges across nearly every area of our community, with the legal profession being no exception. One area particularly impacted was family law, where vulnerable families faced a surge in domestic violence, child custody disputes, and financial stress. As legal needs intensified, the demand for pro bono services grew. However, the pandemic also exacerbated the barriers attorneys face in providing these services. This article explores how the post-pandemic legal landscape has reshaped the delivery of pro bono family law services, the persistent obstacles that remain, and strategies to ensure continued access to justice for families in need—highlighting the vital role of organizations like Metro Volunteer Lawyers (MV”) in building a stronger pro bono infrastructure.
The COVID-19 pandemic placed enormous strain on families, significantly increasing family law cases across Colorado. Economic instability, social isolation, and prolonged lockdowns contributed to a marked rise in domestic violence. At the same time, many families found themselves dealing with complex parenting time disputes and the stress of divorce. A 2021 report by the American Bar Association highlighted that family law issues were among the most commonly addressed by pro bono services during the pandemic. Domestic violence shelters reported a significant increase in calls, while child welfare agencies faced growing caseloads as parents struggled with job loss and housing instability. With courts experiencing delays and backlogs, programs like MVL became a crucial lifeline for those unable to afford legal representation in these deeply personal and often urgent matters.
Despite the clear need, attorneys often face unique challenges when providing pro bono services in family law cases. Some of the most common barriers include:
- Complexity of Family Law: Family law can be an emotionally charged and intricate area of practice. Issues involving domestic violence, child custody, and divorce require not only legal expertise but also significant time and sensitivity. Many attorneys, particularly those outside of family law, may be unequipped to handle these cases without proper training and support
- Time Constraints: Family law cases tend to be time-consuming, requiring ongoing attention and flexibility. The demands of professional obligations and client expectations can discourage attorneys from taking on pro bono work, particularly in areas like family law that may require extended commitments.
- Emotional Toll: Handling sensitive family matters can be emotionally draining. Attorneys who take on cases involving domestic violence or complex child-related issues must navigate difficult situations, which can further discourage participation in pro bono services, especially without adequate mental health support or mentorship.
The pandemic introduced new complications for attorneys providing pro bono
services. Court closures and delays, coupled with a shift to virtual hearings, posed significant logistical challenges for attorneys and clients alike. In family law, where cases often involve highly personal and sensitive matters, the limitations of remote interactions added to the difficulties. For example, virtual hearings in domestic violence cases lacked the in-person safety protocols that victims may have required. At the same time, remote child custody disputes highlighted the challenges of addressing complex family dynamics through a screen.
Yet, despite these challenges, the pandemic also accelerated the adoption of new technologies that offer long-term solutions to some of the logistical barriers to pro bono work. The shift to virtual clinics and online consultations allowed attorneys to volunteer without needing to be physically present, particularly in rural areas where access to legal assistance is limited.
Denver’s Metro Volunteer Lawyers program has been instrumental in addressing these challenges and building a stronger pro bono infrastructure in family law. As the Denver Bar Association’s pro bono program, MVL connects volunteer lawyers with individuals who cannot afford legal representation in civil matters, with a strong emphasis on family law cases.
During the pandemic, MVL adapted quickly to ensure that essential legal services continued uninterrupted. They embraced virtual platforms to connect attorneys with clients, facilitating remote legal clinics and consultations that allowed attorney volunteers to assist families from the safety of their homes. Even today this use of technology helps maintain access to justice while also providing attorneys the flexibility to balance their pro bono commitments with other professional responsibilities.
MVL has long recognized the unique challenges posed by family law cases and has worked diligently to support attorneys who take on these sensitive matters. The program provides specialized family law training, helping lawyers gain the knowledge they need to effectively represent clients in divorce and custody cases. MVL’s robust mentorship network also ensures that attorneys with less experience can rely on guidance and support from seasoned practitioners. Furthermore, MVL’s partnerships with local courts and counties in the metro area to hold family law advice and guidance clinics have helped streamline the process for both attorneys and those seeking advice and assistance.
Addressing the barriers to pro bono participation in family law requires targeted support from the legal community, and MVL’s work offers valuable insight into how this can be done effectively. Key strategies include:
- Specialized Training and Mentorship: MVL’s comprehensive mentorship network provides training, guidance, and emotional support throughout the process.
- Flexible Pro Bono Opportunities: MVL promotes flexible pro bono opportunities by offering limited-scope representation, full representation, consultations, or document drafting, which allows attorneys to contribute without committing to lengthy court battles.
- Technology-Driven Solutions: The continued use of virtual clinics and remote consultations, pioneered by MVL during the pandemic, makes pro bono work more accessible for attorneys and clients alike. It removes geographic barriers and allows for flexible scheduling.
As Colorado continues to navigate the post-pandemic landscape, the lessons learned over the past few years must be leveraged to strengthen our pro bono infrastructure in Colorado, particularly in family law. Continued innovation, such as the use of virtual platforms and remote legal clinics, can ensure that attorneys have the tools they need to overcome logistical barriers. By addressing these barriers and capitalizing on post-pandemic innovations, Colorado’s legal community can ensure that vulnerable families receive the support they need. Law firms can also play a crucial role by encouraging their attorneys to take on pro bono cases, providing flexibility in workloads to allow for volunteerism, and offering resources like training and mentorship programs to support volunteering efforts.
ABOUT THE AUTHOR
Ashley Balicki is a compassionate yet aggressive advocate who has focused her practice exclusively on family law matters and appeals. She received her undergraduate and law degrees from Indiana University and continues to cheer on her Indiana Hoosiers in basketball. Ashley is licensed in Colorado, Indiana, and Illinois. She lives in Highlands Ranch with her husband, Mark, and their two sons. In her free time, Ashley likes to cook, read, and travel.