A few years ago, Theresa* a proud single mother of two boys, received a phone call that every parent fears: her eldest child, Alejandro*, a recent high-school grad, was involved in a pedestrian-car accident. Alejandro--the pedestrian--was rushed to the hospital after the accident. Though he survived the accident, tragically, Alejandro never regained consciousness and remains in a persistent vegetative state.

Theresa was devastated by the accident, but her hopes remain high that her son may recover on e day. A few years have passed  and Theresa continues to visit Alejandro every day, like clockwork, in his long-term care facility. She spends her free time talking to her son, ensuring that he is as comfortable as possible. She even taught herself how to give her son therapeutic massages--a skill she learned from physical therapists that previously treated Alejandro--to assure his muscles remain as healthy as possible.

But when Alejandro turned18--an adult in the eyes of the law--Theresa was no longer legally able to make medical decisions for Alejandro, despite the fact that she is his mother. Theresa was informed that if she wanted to make Alejandro's medical decisions, she would need to be appointed his conservator by a court. But as a Spanish-speaking working mother, the process to become a conservator seemed particularly daunting to her.Theresa was referred to the Legal Aid Society of San Mateo County to help her file a conservatorship petition. Janet Seldon, Legal Aid's Director of Pro Bono, referred Theresa's case to David Denuyl, an attorney at Covington & Burling's San Francisco office; and Ruby Romero, Legal Aid's Pro Bono Project Coordinator served as interpreter. 

Though Theresa's case appeared straight forward at the outset, her petition ended up facing bumps along the way. For example, Theresa and her pro bono attorney had to navigate a family member challenging Theresa's desire to become Alejandro's conservator. Alejandro's father, Carlos* had been estranged from Alejandro for several years, but after learning of Alejandro's accident, Carlos relocated back to the Bay Area and began visiting Alejandro in the hospital. After retaining her pro bono attorney, Theresa informed Carlos that she intended to be Alejandro's conservator. Carlos happily agreed. But, after the Petition was filed, Carlos informed the court investigator that he intended to contest Theresa's appointment as conservator. Thankfully, Carlos agreed to support Theresa's appointment as conservator after she explained, with some coaching from her pro bono attorney, what the conservatorship would mean to Alejandro and the family.

Theresa's petition was also unusual because Theresa was Alejandro's guardian ad litem in an ongoing personal injury action stemming from the accident. After learning that a potential settlement from the personal injury action was on the horizon, the court investigator initially requested that a conservatorship of the estate also be established. But given Alejandro's lack of other assets, Theresa's pro bono attorney teamed with Janet at Legal Aid to arrange for Robert Vale of McDowall Cotter, a pro bono attorney with expertise in trusts, to establish a special needs trust benefitting Alejandro for any potential future settlement monies. The special needs trust ensured that Alejandro would continue to receive state medical aid for his ongoing care and saved Theresa from the significant additional burden of serving as a conservatorship of the estate.

After navigating a few unforeseen hurdles, Theresa was successfully appointed as Alejandro's conservator. She was thrilled with the results! As Alejandro's conservator, Theresa has peace of mind that she is now able to make important medical decisions on behalf of her son. And with the help of Legal Aid and her pro bono attorney, Theresa was given the confidence and support to overcome a language barrier and navigate a confusing court system, all while working tirelessly to support her family. David, Theresa's pro bono attorney, was equally thrilled with the result, explaining that representing Theresa was the most rewarding and personally impactful case he'd ever worked on.

Note: all client names have been changed to protect confidentiality

Of course pro bono matters are meant to help clients who cannot otherwise afford legal assistance. But these matters also help attorneys develop valuable skills - communication and oral presentation skills, for example - that can in turn be used in billable matters. And, the gratitude and joy that pro bono clients heap on their attorneys, particularly when the outcome is positive, are rarely matched by billable clients. So in 2018, grab yourself a pro bono matter. It's good for everyone.

- Huong Nguyen, Counsel, Haynes and Boone