On Wednesday, Nov. 23, a “slow-moving” fire was reported on the Chimney Tops Trail in the Great Smoky Mountains National Park. By the following Monday morning, the three-acre fire, fed by 20-mph winds, had grown to approximately 500 acres and park officials closed Newfound Gap Road, Cherokee Orchard Road and Elkmont Road. There were weather reports of rain moving into the region that night, and firefighters were hopeful the rains would aid in their efforts to contain and extinguish the blaze. A small amount of rain did come, but it was preceded by 80-mph, hurricane-force winds.

When those winds hit, burning embers were swept across the region, racing toward the cities of Gatlinburg and Pigeon Forge. In addition, the winds blew down trees across power lines, sparking additional fires. Within a matter of minutes, Gatlinburg was surrounded by the fire, which was spreading out across the region. Those who could evacuate did.

The people of east Tennessee continue to dig out from under the catastrophe that has been described as the worst wildfire in the region in 100 years. At last count, there were 191 injured and 14 dead. More than 2,400 structures were damaged and more than 15,000 acres of the Smoky Mountains destroyed. The community, and our entire state, is devastated.

By Tuesday morning of the following week, less than 12 hours after the wildfires began to spread, the Tennessee Bar Association (TBA) was being inundated with calls and requests from attorney members who wanted to know how they could help. In partnership with the Tennessee Alliance for Legal Services (TALS) and Legal Aid of East Tennessee (LAET), the TBA began coordinating a response for those in need, including activating the TBA Young Lawyer’s Division Disaster Relief Committee. I am pleased to say that, in the first weeks since those efforts began, more than 100 lawyers signed up to volunteer their time and efforts and the number continues to grow. I once heard former TBA president, Buck Lewis, refer to the “soul” of a volunteer. No doubt, he was talking about our legal community and the several thousand members of the TBA who step forward when there is a need.

The Gatlinburg wildfires present a stark example of the need for pro bono service by lawyers in this state. I believe it will serve as a catalyst for all of us to redouble our commitment to pro bono even when the need is not so obvious. We are in a unique position to assist in ways that others can’t. An inherent aspect of our profession is the need to promote and provide access to justice and to engage in pro bono service. This issue of the Tennessee Bar Journal is dedicated to access to justice initiatives and, within its pages, readers will see the numerous opportunities available and initiatives undertaken to fulfill this mission.

The Tennessee Supreme Court’s Access to Justice Commission, chaired by another TBA past president, Marcy Eason, released its annual report in October of this year indicating that nearly half of all Tennessee lawyers reported doing pro bono work, totaling in excess of 500,000 hours of their time in the past year worth more than $100 million. The important distinction here is that these are the numbers from lawyers who chose to report their pro bono work. Countless other volunteers have elected to keep those numbers private, and the true value of the service Tennessee lawyers are providing is immeasurable.

Nonetheless, even relying upon just the reported numbers, the commitment of Tennessee lawyers to pro bono work is impressive. The numbers illustrate an adherence to our core value of ensuring access to justice for all Tennesseeans. The provision of pro bono service is what, in part, elevates us from tradesmen to professionals.

Still, as much pride as we should all take in these numbers, there is still so much work that needs to be done. As reported by the ABA Futures Commission, the justice gap is getting wider and wider. We know from studies that as much as 80 percent of people with justiciable issues never seek the service of an attorney, often because they cannot afford one.

Fortunately, we are at a time and place in our profession when technology and resources can help us get a handle on these needs like never before. Tennessee is already a trailblazer in marrying technology and pro bono service with the advent of TN Free Legal Answers (formerly Online TN Justice), a resource that allows people to post legal questions online and Tennessee attorneys to respond from the convenience of their office computer. This program has been picked up and promoted by the ABA and is now a model being used across the country and worldwide. Our Supreme Court continues to lead the way in making access to justice a priority. The Access to Justice Commission has developed a strategic plan for the future that will include court kiosks, rely upon automation where practical, and facilitate the ability of attorneys to utilize technology to deliver legal services. As the marketplace evolves, so does our ability to reach out to those who need assistance.

Traditionally, this space is reserved for the president to appeal to Tennessee lawyers and convince them of the importance of pro bono work. The recent response to the Gatlinburg wildfires confirms for me that Tennessee lawyers already understand the importance of that work. (Read more about these efforts here.) We know it is vital to our community and our profession. Instead of convincing people that pro bono is necessary, I would rather celebrate the work we do and remind everyone that, in today’s world, it is easy, and getting easier every day, to do pro bono work. I hope this issue of the Tennessee Bar Journal will give you pride in being a Tennessee lawyer. I hope it will convince you that the pro bono effort is crucial to the core of our profession. Most importantly, I hope it will convince you that a small effort can pay out a big reward.

Thank you, Tennessee lawyers, for all you do and will do to make access to justice a universal reality in our state.
 

JASON H. LONG is a partner with Lowe, Yeager & Brown in Knoxville. A graduate of the University of Tennessee College of Law, he is a past president of the TBA Young Lawyers Division and the Knoxville Bar Association Barristers.