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Cardozo Public Law, Policy and Ethics Journal

Abstract

Partially as a result of the 2008 economic collapse, the need for pro bono representation has increased steadily over the last five years, while simultaneously the funding for legal services programs and non-profits has decreased. The profession, as a result, has turned to pro bono as a means of addressing the expanding gaps in representation that the economic crisis has fostered. Unfortunately, there is no central authority governing how volunteer attorneys should conduct their pro bono practice. Attorneys are often not taught or exposed to the skills necessary to provide pro bono clients with high quality representation. In addition, two of the primary tools attorneys can turn to for guidance, the Model Rules of Professional Conduct and written opinions in the disciplinary review process, proceed from the assumption that all cases move through the legal system in the same way. As a result, many volunteer attorneys are unprepared to work with a population of vulnerable clients and the pro bono clients are not always protected in a pro bono model that is meant to serve them.

This Article examines the various arguments offered to encourage attorneys to volunteer their time in pro bono cases and the environment those arguments create. This paper argues that, within the framework of intrinsic and extrinsic motivational theory, the current pro bono environment may ultimately fail to meet the needs of the pro bono client by focusing almost exclusively on attorney rewards. Examining the treatment of pro bono cases through the lenses of cross-cultural competency and client-centeredness, this article offers a multi-level approach to addressing where the profession may fail pro bono, the pro bono client, and the ideal of lawyer professionalism that pro bono represents. This Article argues that only through comprehensive re-conceptualization of the Model Rules of Professional Conduct, the disciplinary review and grievance processes, and the way we teach and train law students and attorneys, can we begin to meet the pro bono ideal envisioned by the Model Rules. And, only through such comprehensive transformation can we begin to guarantee that pro bono clients and cases are not treated as burdensome second-class cases deserving of something less than an attorney's full and disciplined commitment.

Disciplines

Law | Legal Profession

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