“AND JUSTICE FOR ALL…” Beau Cole Remembering the Publico aspect of a Lawyer’s Obligation to Provide Pro Bono Service Beau Cole

History of Civil Legal Aid Programs “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 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.

Legal Services Corporation 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”.

Legal Services Corp. Funding Reality

So how does the “political football” game end for those most in need?

“NO!” to Pro Bono??? Lack of Time Hourly Expectations & Policies 67% 30% 26% 21% 19% 16% 9% 5% Lack of Time Hourly Expectations & Policies Liability – No Malpractice Ins. Lack of Financial Incentive Lack of Admin. Support/ Resources Lack of Needed Skills/Experience Uncomfortable with Client Type Employer Does Not Value Pro Bono

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.” 1975: Resolution: “basic responsibility” of pro bono service 1983: Rule 6.1: Lawyers “should render public interest service.” 1988: Resolution: “reasonable… but in no event less than 50 hours per year..” 1993: Rule 6.1: revised to include 50 hour goal. 2002: Rule 6.1: “professional responsibility” to provide pro bono service

ABA MODEL RULE 6.1 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.

Model Rule 6.1: State-by-State >50 Hours >25 Hours No Hourly Suggestion

Pro Bono Reporting: State-by-State Mandatory Voluntary No Reporting

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

Corporate Counsel Benefits 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.

Corporate Benefits 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

Pro Bono Power: The CPBO Challenge 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

Corporate Role Models

Other Resources/Opportunities 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