Transcript AND JUSTICE FOR ALL…” - The Network of Trial Law Firms

Beau Cole
“Without equal access to the law…the system not
only robs the poor of their only protection, but it
places in the hands of their oppressors the most
powerful and ruthless weapon ever invented.”
Justice and the Poor, Reginald Heber Smith, 1919
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Since 1964, the U.S. Government has been
committed to providing “equal justice under the
law” through federal funding for civil legal
assistance
LSC: Congress Recognizes Need
On July 25, 1974, Nixon signed the Legal
Services Corporation Act.
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LSC is the largest provider of civil legal aid to
persons at or below federal poverty level, or 5M
people yearly.
Distributes about 95% of its funding to 136 legal
aid programs with 900+ offices nationwide.
Partners with governments, private bar,
foundations, business community and other aid
providers.
Common cases: Family law, Housing, Consumer
Law and Income Maintenance
LSC: The “Political Football”
Almost immediately after the LSC was created, some
politicians called for its disbandment.
One member of the LSC Board referred to it as a “political
football…being influenced by political pressures”.
So how does the “political football” game end for
those most in need?
67%
Lack of Time
30%
Hourly Expectations & Policies
26%
Liability – No Malpractice Ins.
21%
Lack of Financial Incentive
19%
Lack of Admin. Support/ Resources
16%
Lack of Needed Skills/Experience
9%
Uncomfortable with Client Type
Employer Does Not Value Pro Bono
5%
ABA MODEL RULE 6.1
Recognizing the reality of LSC politicization and
lack of Pro Bono Publico resources, the ABA
lobbied state bar associations to encourage
service.
1969: Code of
Prof.
Responsibility:
“should…
participate in
serving the
disadvantaged.”
1983:
Rule 6.1:
1993:
Rule 6.1:
Lawyers
“should
render
public
interest
service.”
revised to
include 50
hour goal.
1975:
Resolution:
1988:
Resolution:
2002: Rule
6.1:
“basic
responsibility”
of pro bono
service
“reasonable
… but in no
event less
than 50
hours per
year..”
“professional
responsibility”
to provide pro
bono service
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Every lawyer has a professional responsibility to provide legal services to those unable to
pay. A lawyer should aspire to render at least (50) hours of pro bono publico legal services
per year. In fulfilling this responsibility, the lawyer should:
(a) provide a substantial majority of the (50) hours of legal services without fee or
expectation of fee to:
(1) persons of limited means or
(2)charitable, religious, civic, community, governmental and educational organizations in
matters which are designed primarily to address the needs of persons of limited means, and
(b) provide any additional services through:
(1) delivery of legal services at no fee or substantially reduced fee to individuals, groups or
organizations seeking to secure or protect civil rights, civil liberties or public rights, or
charitable, religious, civic, community, governmental and educational organizations in
matters in furtherance of their organizational purposes, where the payment of standard legal
fees would significantly deplete the organization’s economic resources or would be
otherwise inappropriate’
(2) delivery of legal services at a substantially reduced fee to persons of limited means; or
(3) participation in activities fro improving the law, the legal system or the legal profession.
In addition, a lawyer should voluntarily contribute financial support to organizations that
provide legal services to persons of limited means.
BENEFITS OF PRO BONO SERVICE
The ABA Standing Committee on Pro Bono &
Public Service have identified a number of
benefits Private Counsel and the Corporate
Legal Community
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Allows lawyers to satisfy professional responsibility
Improvement of legal skills through diversified
settings
Personal satisfaction = increased retention of legal
talent
Provides opportunities to increase interaction
between legal team members
Allows lawyers to satisfy continuing legal education
requirements.
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Promotion of concept of “Equal Justice”
Stabilization of community in which corporation
operates
Establishes “good will” and builds relationships
between the corporation, its legal department and the
bar
Increased employee awareness and appreciation of
community diversity
Increased visibility for recruiting purposes
Increased “legal firepower” resulting from varied
experiences
RESOURCES & STRATEGIES
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Association of Corporate Counsel is the “largest
community of in-house counsel, with more than
26,000 members in over 75 countries.”
Pro Bono Institute, D.C. based non-profit, is
considered the “respected resource for all things
pro bono.”
ACC and PBI’s joint project, Corporate Pro Bono,
spawned the Corporate Challenge
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ABA Programs
State Bar Associations
Legal Services Corporation Partnerships
ACLU
Disaster Relief Organizations
Military Pro Bono Projects
Local Advocacy Programs/Non-Profit Organizations
Child Advocacy Programs
Victims Of Domestic Violence