Judge attacks pro bono work

October 23, 2008
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Update: The Wall Street Journal Law Blog has an entry today with excerpts of the 2nd Circuit Chief Judge Dennis Jacobs' speech regarding pro bono work. The chief judge defends his speech, saying the National Law Journal article "grossly misstates" what the judge said and thinks. A link to the full text of the speech can also be found at the WSJ law blog.

 I'm glad the chief judge's statements seem to have been miscontrued or taken out of context, because I couldn't fathom how a person in his position in the legal community could speak so negatively about pro bono work.  

When I think of the pro bono work attorneys do, the words “anti-social” and “self-serving” don’t come to mind. But that’s how the chief judge of the 2nd Circuit Court of Appeals described pro bono work.

Many of Chief Judge Dennis Jacobs’ comments have been posted online, easily found by searching his name plus “pro bono.” Some other highlights from the chief judge’s speech in New York earlier this month include his belief that pro bono work is being used as a tool by law firms to recruit, and non-profits use it to further a political agenda.

When I heard the “self-serving” comment, it made me think back to an episode of “Friends” in which two of the characters were debating whether there are any selfless good deeds. The argument can be made that doing pro bono work, or any volunteer work, can make those volunteering feel good that they are making a difference in their community or others’ lives. A lot of people enjoy helping others, not to further their own agenda, but because they like to see the results of their volunteer work – whether it’s a client winning their case or being treated fairly, or seeing a house built for a previously homeless family. But to call it “self-serving” is a stretch.

I know attorneys are encouraged by their firms do perform pro bono work, but many lawyers would do it without firm encouragement. Some even want to do more but those tricky billable hours keep getting in the way.

What I don’t understand is why someone in the chief judge’s position, a person who is influential in his legal community, would come out and denigrate pro bono work. He’s entitled to his opinion, and I’m sure there are others out there who feel similar to him, but to come out and say it in the way he did could have a negative impact on the legal community’s impression of pro bono work.

Lawyers fresh out of law school may hear his comments and believe pro bono work isn’t as important as firms or other attorneys say it is. Attorneys doing pro bono work now may feel attacked or underappreciated for their work, and in a worse-case scenario just stop volunteering.

No one should be made to feel like they have to volunteer, but attorneys learn either in school, through their firm, or other attorneys that pro bono work is important for their communities. There are many people out there who need help because they have been wrongfully convicted, a victim of domestic violence, or their home is being taken away and they don’t understand why. Those who are able to devote time to pro bono work should be able to do so without the “anti-social” and “self-serving” comments hanging over them.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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