Settlement Assistance Program: Promoting Equal Access to Justice

During the recent “Effective Settlement Advocacy: Pro Se Litigants’ Settlement Assistance Program”, the Federal Bar Association Chicago Chapter discussed effective settlement advocacy and pro bono service in federal court. Held at the U.S. District Court for the Northern District of Illinois, the event brought together three U.S. Magistrate Judges, experienced litigators, and communication specialists. Each of them shared strategies for guiding unrepresented litigants through the settlement process. Attendees received practical tools for case evaluation, client communication, ethical decision-making, and settlement advocacy that benefit both the litigant and the court system.

Chief Judge Virginia M. Kendall opened the program with remarks on the significance of pro bono work in promoting fairness, efficiency, and access to justice. She emphasized the vital role SAP plays in connecting pro se litigants with skilled volunteer attorneys for the limited purpose of settlement representation. By avoiding lengthy discovery, motion practice, and trial preparation, the program helps litigants secure timely, confidential resolutions. Judge Kendall also expressed appreciation for the commitment of volunteer attorneys whose work ensures that all parties, regardless of representation, have an opportunity for a fair and equitable outcome.

The seminar was offered free of charge, provided three hours of General CLE credit, and qualified attorneys for participation in the statewide SAP program. For many attendees, it served both as a training opportunity and as an invitation to participate in a volunteer role that offers significant impact for clients and the broader community.

Settlement Assistance Program: Overview and the Volunteer Experience

Presented by J. Cunyon Gordon, Director of the Settlement Assistance Program at the Chicago Lawyers’ Committee for Civil Rights, and Rami Fakhouri, Partner at Goldman Ismail Tomaselli Brennan & Baum LLP, this session provided a detailed foundation for attorneys interested in volunteering through SAP. The speakers explained the process by which judges refer cases to the program and how the Chicago Lawyers’ Committee matches volunteer attorneys to pro se litigants.

Once appointed, the attorney’s role is limited to settlement advocacy rather than litigation tasks such as discovery or trial preparation. The presentation covered essential topics, including how to evaluate and select cases, the ethical parameters of limited-scope representation, and the responsibilities of a court-appointed advocate.

Attendees learned to use risk analysis when assessing settlement options and were introduced to available program resources, including sample settlement demand letters and procedural checklists. This session reinforced the importance of early and thorough preparation, which not only improves the chances of resolution but also helps reduce the stress and uncertainty faced by pro se litigants.

Listening Differently: Client Communication Strategies

Led by Elizabeth Shaver, Mediator and Board Member of the Center for Conflict Resolution, this session focused on the interpersonal skills that underpin effective settlement advocacy. Shaver emphasized that working with unrepresented litigants requires a communication style that builds trust, reduces misunderstandings, and keeps discussions productive.

Attendees were trained in active listening, empathetic questioning, and reality testing to help clients make informed decisions about settlement offers. Strategies for managing emotional responses were also discussed, ensuring that conversations remain constructive even in challenging situations.

By learning to identify a client’s underlying needs and interests, attorneys can foster clarity and mutual understanding, which are essential for guiding litigants through negotiation. This session underscored that while legal knowledge is critical, strong communication skills are equally important in achieving successful outcomes in SAP cases.

Strategies and Pitfalls: Lessons from the Bench

Magistrate Judges Gabriel A. Fuentes, Jeffrey T. Gilbert, and Heather K. McShain of the U.S. District Court for the Northern District of Illinois, moderated by Kathleen Hennessy of Hamilton & Hennessy LLC, provided judicial insights into effective settlement advocacy. The panel discussed facilitative, evaluative, and hybrid approaches to settlement conferences, explaining how each method can be tailored to the needs of the case and the litigants.

The judges highlighted common pitfalls for pro bono attorneys, including inadequate preparation, failing to set realistic client expectations, and overlooking key details in settlement agreements. They also addressed ethical considerations when accepting limited-scope appointments, stressing the need for clarity in the scope of representation and enforceability of agreements.

The panel concluded with an audience Q&A, offering practical advice on meeting judicial expectations while advocating effectively for pro se clients. This session offered an invaluable perspective on how judicial expectations align with the goals of the Settlement Assistance Program.

Advancing Access to Justice Via the Settlement Assistance Program

The event reinforced the Settlement Assistance Program’s importance as both a professional development opportunity and a means of serving the public. By limiting representation to settlement efforts, SAP allows attorneys to make a tangible difference without the long-term commitment of full-case litigation. For pro se litigants, the program offers the guidance needed to navigate complex legal negotiations and achieve resolutions that might otherwise be out of reach.

Attendees left with a clear understanding of the SAP process, from case assignment through conference participation, and a renewed appreciation for the role volunteer lawyers play in promoting access to justice. They were encouraged to take the next step by joining the program’s roster of available counsel, knowing their efforts contribute to individual case outcomes and to the efficiency and fairness of the court system.

For information regarding future CLE and networking opportunities through the Federal Bar Association Chicago Chapter, please explore our upcoming events.