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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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