Clients: The Heart of Public Interest Litigation

By Chip Mellor

Our clients are at the heart of what we do. They embody the principles in our litigation and become powerful advocates in the national media. They come from across America, bringing remarkably different life stories to confront sadly similar deprivations of fundamental constitutional rights. They also have become the human face of IJ.

It’s not surprising therefore to hear people frequently ask us, "How do you find your clients." The question has particular relevance for HAN members who are eager to have a public interest case. The good news is there is no shortage of compelling clients in need of IJ-style public interest advocacy. (Of course, that’s bad news too since it underscores the vast array of government-created problems facing good people in America.)

Because of our high media profile you may assume that most of our clients seek us out. Not so. While we do get many inquiries, it’s rare for us to take a case that simply .walks in the door.. Instead, we seek out clients and offer to represent them once it’s clear that their goals and ours coincide. We’re able to do this because we represent them for free. And while you should check your state ethics rules just to be sure, you too can approach potential clients in this way and offer your services.

Finding cases isn’t as hard as most people think. Newspapers, talk radio, grassroots community groups and state think tanks are all fertile sources of potential cases. Focus on the outrage and the government-created barrier or action that denies a person the opportunity to do what he or she as a free person should be able to do. The real key is to move quickly and seize an opportunity when you see it. While your initial approach may start with a letter or phone call, it’s rare for an attorney-client relationship to be finalized without a personal visit. This is especially important in public interest cases since they involve low and moderate-income people who are not used to dealing with lawyers. Ultimately, there’s no substitute for going to the prospective client’s business, home or school to experience the reality of his or her situation.

When you meet your prospective clients, you’ll be struck by their courage in the face of adversity. They have the resolve to stand up against government abuse, even before they have an offer of legal assistance. As their lawyer, you will form a relationship with them that transforms their fight from one of desperate determination to focused advocacy. It’s a relationship built on trust and commitment, and I guarantee that you will form a special bond with your clients.

Of course, finding the client is just the beginning of this joyous endeavor called public interest law. From there, all the tactics and skills that you learned in our law student seminar will be called into play. Remember, you’re not alone in any case you take on. There’s a vast array of allies and resources waiting to be tapped. Just contact Nicole Church, our programs coordinator in charge of the Human Action Network, and she will assist in every way possible. So go out there, find those clients and start your quest for justice. You’ll look back years from now and be mighty glad you did.

Chip Mellor is president and general counsel of the Institute for Justice.