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

2. 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

3. LSC: Congress Recognizes Need
On July 25, 1974, Nixon signed the Legal Services Corporation Act.

4. 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

5. 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”.

6. Legal Services Corp. Funding Reality

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

8. “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

9. 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.

10. 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

11. 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.

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

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

14. 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

15. 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.

16. 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

17. RESOURCES & STRATEGIES

18. 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

19. Corporate Role Models

20. 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