The Attorney Emeritus Program (AEP) was created a decade ago when many Americans were struggling with legal problems related to the worst economic downturn since the Great Depression and New York was facing a drastic decline in funding for civil legal services. In announcing the AEP, Chief Judge Jonathan Lippman put the spotlight on retired and senior lawyers and challenged them to use their legal skills and experience to help low-income people on a pro bono basis.

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What Is the Attorney Emeritus Program?

In return for pledging to provide 60 hours of pro bono legal services under the auspices of an approved host organization, Attorneys Emeriti (if retired) are exempt from the biennial bar registration fee and CLE requirement for the ensuing two-year registration period. The status of Attorney Emeritus was limited originally to retired attorneys at least 55 years-old in good standing who had practiced for a minimum of 10 years, but it quickly expanded by popular demand to include active attorneys meeting the age and practice requirements. While the registration fee and CLE requirement are not waived for non-retired attorneys, they are eligible to earn up to 15 CLE credits.

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AEP's Growth and Impact by the Numbers

The program has grown from 42 Attorneys Emeritus in 2010 to 1,464 in the current 2018-2019 biennial registration period. Of this group, 825 are previous registrants, reflecting an ongoing commitment to pro bono service through the AEP. Digging deeper, we have identified a dedicated corps of 106 Emeritus Attorneys from 28 organizations who last year donated 11,761 hours of their time (valued at $3 million dollars if billed at $250 per hour) and helped close 1,435 cases.

Over the last decade, the number of legal services organizations around the state committed to hosting Emeritus Attorneys has increased by 50%. These host organizations provide the training, supervision and legal malpractice insurance that makes it possible for Emeritus Attorneys to connect with low-income New Yorkers who desperately need help with life-changing legal problems involving housing, family law, domestic violence, immigration and public benefits issues.

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Spotlight on Emeritus Attorneys

Numbers alone cannot convey the true impact of the AEP. Emeritus Attorneys are transforming the lives of individuals and families and helping to keep our communities stable and healthy.

• In New York City, an Emeritus volunteer with the Public Benefit Unit of the New York Legal Assistance Group donated 335 hours of time over the last year to homeless adults and families seeking to access the shelter system and essential collateral services. Thanks to his expert advocacy, dozens of families with young children have secured life-preserving shelter services that stabilized their lives and improved their life chances.

• An Attorney Emeritus at Student Advocacy, Inc., in Westchester County, logged over 700 hours representing 15 students facing long-term, out-of-school suspensions. Thanks to his dedicated advocacy, these student-clients, many from at-risk families, received fair and timely dispositions that kept them on track for continued learning and long-term educational success.

• An Emeritus volunteer working with the Nassau County Bar Association Mortgage Foreclosure Project attends mandatory settlement conferences in Nassau County Supreme Court on a near weekly basis to provide representation to homeowners who appear without counsel. He has provided invaluable representation and advice to hundreds of struggling homeowners since 2014.

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The Future of the AEP

While New York State has made great progress to address the legal needs of low-income people, legal service providers are still turning away far more people than they can serve. We must continue to maximize the enormous potential of the demographic shift that is bringing unprecedented numbers of lawyers to the verge of retirement.

As we look forward to the AEP's next decade, we are fortunate to be guided by Fordham Law School's Feerick Center for Social Justice, which administers the AEP with the assistance of a 23-member Advisory Council and the support of the court system's Office for Justice Initiatives. Together they will continue to provide a stable foundation upon which the program can build for the future and meet the challenges that lie ahead, including:

• Reaching out to and recruiting more retired/senior lawyers;

• Matching volunteers with clients efficiently and effectively; and

• Ensuring that AEP host organizations have the resources necessary to properly train, support and supervise volunteers.

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Conclusion

The AEP is an excellent option for senior lawyers who want to contribute to the public good by serving the legal needs of the estimated 1.7 million New Yorkers who annually navigate the civil legal system without the assistance of counsel.

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