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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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