A National Perspective on Shaping Future Leaders for Justice
Presented by: Melanie KushnirAmerican Bar Association Center for Pro Bono
www.abaprobono.org
October 5, 2007
Columbus School of Law The Catholic University of America
Washington D.C.
Major Initiatives Leading to Expansion of Law School Pro Bono
1990 Pro Bono Students America 1996 ABA Accreditation Law School Pro Bono Standard 302(e) 1999 Learning to Serve: The Findings and Proposals of the
AALS Commission on Pro Bono and Public Service Opportunities.
2005 ABA Pro Bono Accreditation Standard 302(b)(2) 2006 ABA Resolution 121B – Law School Support and
Promotion of Pro Bono ABA/NLADA Annual Equal Justice Conference 2007 LSC Resolution in Support of Enhanced Private Attorney
Involvement NALP Directory of Legal Employers EJW The E-Guide to Public Service at America’s Law Schools
ABA Model Rule of Professional Conduct 6.1
PRO BONO1. Lawyers should provide 50 hours of pro bono work
annually.2. A majority of that work should be direct representation of
the poor or organizations which serve the poor with no expectation of remuneration.
3. Direct representation of other individuals and organizations can also qualify, including representation at a substantially reduced rate, for certain kinds of public interest issues.
PRO BONO PUBLIC SERVICEProviding law related public service (not direct representation) also counts as pro bono.
Non-legal community service such as building a home for Habitat for Humanity, volunteering time at a soup kitchen, or painting a school, while valuable and worthwhile activities, are generally not considered “pro bono” within the meaning of Model Rule 6.1.
Models of Law School Volunteer Programswww.abaprobono.org/lawschools
Graduation Requirement Programs: Pro Bono Graduation Requirement Program Public Service Graduation Requirement Program Community Service Graduation Requirement Program
Formal Voluntary Pro Bono Programs: Formal Voluntary Pro Bono Program Characterized by a Referral
System with a Coordinator Formal Voluntary Pro Bono Program Characterized by Administrative
Support for Student Group Projects
Independent Student Pro Bono Group Projects with no school-wide pro bono program
Why is NOW a great time to initiate or expand a law school pro bono program?
% of lawyers in… 1980 1991 2000 Private Practice 68% 73% 74% Government 9% 8% 8% Private Industry 10% 9% 8% Retired/Inactive 5% 5% 5% Judiciary 4% 3% 3% Education 1% 1% 1% Legal Aid/Public Defender 2% 1% 1% Private Association 1% 1% 1%
Source: The Lawyer Statistical Report, American Bar Foundation, 1985,1994, 2004 editions
PRACTICE SETTING
Only 1% of the sample reported that pro bono issues received coverage in orientation programs or professional responsibility courses.
Only 3% of graduates observed visible faculty support for pro bono service, or felt that their schools provided adequate clinical opportunities for public interest work.
Only a third of graduates believed that the financial resources devoted to pro bono activities were adequate.
Pro Bono In Principle and In Practice: Public Service and The Professions, Deborah Rhode, Vol. 15 No.9 (September 2005).
Room for Improvement
Benefits of a Law School Pro Bono Program for Students
Provide much needed legal services to persons of limited means
Connect legal theory with practical issues faced by low-income individuals
Develop and enhance legal practice skills Build relationship with practicing attorneys Gain exposure to practice areas Obtain professional experience and enhance resume Make legal education more interesting, relevant and
meaningful Acquire leadership skills Achieve personal fulfillment
Benefits of a Law School Pro Bono Program for Law Schools
Enhance law school’s ties, relationship, reputation and stature within the local community
Enhance and strengthen relationships with alumni Assist law school in recruitment efforts Enables school to demonstrate its commitment to public
service and needs of low-income person in the community.
Foster institution’s education mission Enhance law school’s ties to local legal community,
including bar associations, judiciary, etc. Increase opportunities for faculty research and
scholarship
Pro BonoEmeritus
Rules
CLECredit forPro Bono
StateReportingPolicies Diversity and
SpecialtyBar
Associations
NationalPro BonoAwards
SystematicPro Bono ByLaw Firms,Gov’t and
Corp Legal
138SignatoriesTo Law Firm
Pro BonoChallenge
900 +Pro BonoPrograms
Increased Organized Pro Bono
Findings from the 2005 ABA Data Collection Report
66% of lawyers provide pro bono services to people of limited means and/or to organizations serving the poor
They provide approximately 39 hours of pro bono service annually to persons of limited means or organizations serving the poor
Lawyers provide an additional 38 hours annually of free pro bono service toward securing or protecting civil rights and improving the legal system.
PRO BONO IS
EVERYWHERE!
ABA Pro Bono Accreditation Standard 302(b)(2)
“A law school shall offer substantial opportunities for . . . student participation in pro bono activities . . .”
Interpretation 302-10 of the ABA Pro Bono Accreditation Standard
Pro bono opportunities should at a minimum involve the rendering of meaningful law-related service to persons of limited means or to organizations that serve such persons.
Standard 302(b)(2) does not preclude the inclusion of credit-granting activities within a law school’s overall program of pro bono opportunities so long as law-related non-credit bearing initiatives are also part of that program.
Pro Bono Quiz!
A law student interviews families living in FEMA trailers in Louisiana on issues such as health insurance, school attendance by school-age children, unemployment levels, plans and options for other housing as part of an extensive survey to match these residents with social and legal service providers. Pro Bono?
Pro Bono Quiz!
A student attends a law school with a Public Service Graduation Requirement that requires students to perform law-related public service but is flexible in the form of the service allowing pro bono placements, internships, externships, and a poverty law course to count toward fulfillment of the school’s requirement. The student chooses to take the poverty law course and graduates law school without having participated in a traditional non-credit bearing pro bono opportunity. Pro Bono? Public Service?
Pro Bono Quiz!
Student volunteers for 10 weeks over summer at a legal services office and is not paid by the program (nor are clients paying for services) but receives a $4,000 stipend from a non-profit organization to cover expenses. A $1,000 education voucher? A $250 award from the law school public interest organization?
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 1
Establish a Formal Policy that Includes a Definition of
Pro Bono
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 2
Provide Institutional Support
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 3
Assure Adequate Staffing
and Support
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 4
Establish a Location
and Identity
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 5
Develop a Range of Recruitment Strategies
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 6
Broad Range of Placements
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 7
Build Structures for Appropriate Supervision and
Quality Control
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 8
Track Pro Bono
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 9
Build Pro Bono into the Law School Curriculum
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 10
Involve Students in
Program Development and Administration
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 11
Collaborate with Legal Community, Legal Service
Providers and Community-at-Large
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 12
Conduct Outreach to and Collaborate with Alumni
A Baker’s Dozen Tips for Building An Effective Law School Pro Bono Program
TIP # 13
Recognize Students and Faculty
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