"Proud to Be a Lawyer"

Week of May 31, 2004

The phrase "pro bono" endures as a rare survival of Latin in everyday legal talk. We don't hear much any more about res ipsa loquitur or de minimis non curat lex, but pro bono is here to stay as a shorthand way of referring to the providing of legal services without charge to those who cannot afford to pay for them. This activity of ours, it seems to me, is not a sideline, but is at the heart of our calling. It also represents a rare triple win – it benefits three distinct categories of people.

          First, and most obviously, there is the client. Unequal access to justice remains a major problem in American life. About three-fourths of the legal needs of the poor go unmet because of the expense barrier, and our society as a whole has been unwilling to bridge the gap; the United States spends far less per capita on subsidized legal representation than the other western industrial societies. Pro bono alone can't fill the entire need, but it can make a tremendous difference. The client, ordinarily, would go without legal help if it were not provided free of charge. Psychiatrists are fond of telling their patients that unless they pay the full freight they will not appreciate or value sufficiently the hours of consultation. I don't believe that has ever been a problem with free legal services. In my experience the gratitude felt by those who receive pro bono legal help is almost boundless. Some of them even decide they want to go to law school, an impulse that should be carefully monitored.

          Then there is the public. Let us remember that pro bono's full name is pro bono publico – for the good of the public. When the un-represented or under-represented gain legal assistance, it is not just they, but all of us – all citizens, and the entire legal system – who benefit. To the extent that access to justice is denied to any segment of society because of unequal wealth, we all suffer, because we know that life is only good in a society where justice is available to everyone, not just to a privileged few.

          Finally, and most often overlooked, there is the lawyer himself or herself. Pro bono cases are fun – they often form the most interesting, exciting, and memorable parts of a legal career. Deborah Rhode, in her excellent recent book on the legal profession, writes, "The greatest source of discontent among today's lawyers is their perceived lack of contribution to social justice." That feeling can easily be dispelled by pro bono.

~The Late Judge William L. Dwyer