Paying It Forward Volunteer lawyers share stories of getting back as much as they give When Kathie Weber (Maynard Cooper & Gale) first looked at a recent pro bono case she had accepted through Volunteer Lawyers Birmingham (VLB), she knew it could be an uphill battle. The client had a long-standing default judgment against her and was seeking help to stop her wages from being garnished. But Weber was willing to try. The client insisted she had never been served with the lawsuit, and the judge agreed to hold a hearing on Weber’s motion to set aside the default and ordered the process server to appear and testify about service. Weber appeared with the client via Zoom. “From the plaintiff’s direct exam of the process server, I realized that maybe the independent process server hadn’t personally served her — maybe he had left it on the doorstep,” she said. “It turned out that my hunch was correct. On cross examination, the process server had to admit that while he could see her through the window inside her home, she didn’t open the door. So he left it on the front steps. I realized that although he had tried, he hadn’t personally served her, and he hadn’t taken any extra steps to do so. We argued that this was not sufficient under the rules of civil procedure. The judge agreed and set aside the default judgment, which I was very pleased with. “We’re not talking millions of dollars,” Weber continued, “but to this client it was a lot of money. So I was happy to be able to help in that small way.” While most VLB clients receive help from volunteers at a one-time Help Desk engagement, with minor follow-up help as needed, Weber stands out as a volunteer who regularly makes court appearances with clients when she can. She also encourages younger lawyers at Maynard Cooper to participate in VLB’s programs, not only for the help they can offer low-income clients but for the courtroom experience. “It’s a win-win for a client who has a
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From left: Kathie Weber (Maynard Cooper & Gale) and Shalyn McKitt (Balch).
Volunteering is a great opportunity to give back in response to the many blessings that we Birmingham lawyers have received.
For me, even just providing educational opportunities for landlords or tenants is a positive experience.
SHALYN MCKITT
KATHIE WEBER
lawyer representing them in court, which they otherwise wouldn’t have, as well as the lawyers who are representing them,” Weber explained. “It’s a chance to make legal arguments, experience how a court works, learn how judges work, make some motions and gain experience.” For VLB volunteer Shalyn McKitt (Balch), one rewarding experience involved helping a client whose apartment was infested with mold. “She had young children, and she didn’t know really how to get help by herself,” McKitt said. “Her youngest child, who was
an infant, ended up contracting asthma and was having a lot of respiratory issues as a result. And while most people think you call a lawyer to file a lawsuit, really it was just a matter of me communicating with the leasing agency and being a conduit of information for both parties that allowed us to get her into a new unit and get her old unit taken care of and fixed up.” McKitt explained: “It was really fulfilling to know that even if I wasn’t necessarily practicing law in the traditional way that I’m used to, I was able to help negotiate and explain issues that were really
BIRMINGHAM BAR BULLETIN
