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Reach out
Lisa Wheelton shares her invaluable experiences of pro bono work in the US, defending death row inmates
Pro bono work can be both personally and professionally enriching. The US legal system and its approach to capital punishment had always held a special fascination for me, so when, as a student at Warwick University, the opportunity to work as an intern representing inmates on death row came up it seemed too good an opportunity to pass up.
The intern programme is run by Amicus, which is a charitable organisation that aims to provide assistance to those practising in the field of capital defence in the US. The organisation has years of experience in seconding lawyers and placing student lawyers throughout the US. Placements are normally for between three and six months, although some opt to stay for up to 18 months. Placements can be in cities and towns all over the US.
Following a formal application procedure my placement started in September 2006 at the Office of Capital Defenders for the Southwest Region of Virginia. It is a small office with just three lawyers, an investigator, a receptionist and a mitigating specialist. Virginia has carried out over 1,300 executions in its history '“ more than any other state in America - and due to this fact our main aim was 'not to go to trial if death was on the table'.
Doing time
Lawyers and students will be asked to perform a variety of tasks from routine administrative work to assisting in preparing legal submissions for trial, or even assisting during a trial or appeal hearing. However, much of the work will be in the form of investigations. As an intern, most of my time was spent interviewing the client in prison to gather mitigating evidence.
The work was probably the most challenging a young lawyer is ever likely to face, both mentally and emotionally. Failure to put forward a compelling argument could mean the difference between life and death for your client.
Among the cases we worked on included those of Andrea Petrosky and John Ray Gullion. Both cases attracted immense media attention and heated debates, as both defenders confessed to murdering a child.
The Petrosky case was tragic, as she was a typical mum who built her life around her children; but one day she 'snapped' and strangled her six-year-old child before drowning him in a bath. She pleaded guilty to her crime and was sentenced to 37 years. For the legal team this was a result, because she will not be executed by the state.
The John Ray Gullion case was equally tragic, because in October 2005 at the age of 19, John Ray murdered an entire family including a four-year-old girl and a pregnant mother.
This was the hardest case that we had to represent as our defendant openly confessed to the crime and had no motive. A few days before the case was due to go to trial, John Ray Gullion accepted a plea bargain and will serve five consecutive life sentences plus nine years for the murders he committed.
At the end of the placement the Office of Capital Defenders offered me a job, but I elected to return to the UK to pursue a career in defendant medical negligence with law firm Browne Jacobson.
Full of rewards
A pro bono placement with an organisation such as AMICUS can be a life-changing experience on so many fronts.
The skills you acquire will prove invaluable as a trainee and throughout your legal career. It teaches you the importance of working as a team and being able to think outside the box when all the facts seem to be stacked against you.
Like many law firms, there is a strong pro bono ethos within Browne Jacobson and all employees consider it their responsibility to work with and support the local community. As part of this, every employee can take up to two days a year to spend on community projects.
My love affair with pro bono work continues. Since taking up my traineeship with the firm I have participated in an environmental project for a local charity that supports people suffering from brain injuries, and an initiative with a local school to help improve literacy levels.
If pro bono work interests you, don't be afraid to step outside your comfort zone. And don't do it just to enhance your CV.
Fully engaging with a local pro bono project shows you care, and that you are hardworking and dedicated to the law.
It can also help young lawyers see how the law applies in real life situations '“ invaluable qualities as you take those all important steps on the ladder to a successful legal career.
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