Pro Bono, Small Law Firms, Solo Practitioners

Back In The Race: No Bono -- How To Increase Pro Bono Participation Without The Guilt

Some thoughts on how to improve pro bono participation without guilt trips and threats of mandatory hours.

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resume girlI want to conclude my “No Bono” miniseries by offering some thoughts on how to increase pro bono participation without the need for moralizing guilt trips and threats of mandatory hours. Some require changes in how to fund legal aid programs. Others require real leadership and willingness to do the grunt work.

Find new funding sources. One of the main sources of income for low-income legal assistance programs was the interest income from lawyers’ IOLTA accounts. But due to low interest rates and increasing use of alternative fee arrangements, IOLTA income has dropped substantially.

Ostensibly, IOLTA accounts are supposed to protect client funds from theft. But practitioners complain that IOLTA accounts create unnecessary accounting work.

In light of this increasing trend, state bars should stop relying exclusively on IOLTA income and look for alternative funding sources.

As a suggestion, bar associations can provide low-cost office space or virtual offices to members in exchange for a certain amount of pro bono work.

Pro bono work should count towards CLE credit. While some question its usefulness, almost all attorneys have accepted the mandatory CLE requirement. I’m sure that most attorneys meet the requirement by purchasing an audio kit at the last minute and listening to it in their sleep.

As an alternative, I think lawyers should be allowed to count pro bono work towards their CLE credit requirements. This includes time spent supervising law students and lawyers.

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In a sense, it meets the spirit of the CLE requirement. Some lawyers will learn something new and apply what they learned in a real-world setting.

Advocate for greater funding for legal aid programs. Even if enough pro bono lawyers are available, a dedicated legal aid program needs to exist in order to match clients with the right lawyers and provide them with the proper research tools. Otherwise, lawyers may not last long due to the lack of coordination.

Legal aid programs are funded by the government, philanthropists, and sometimes major businesses. However, funding has been inadequate for years, which leaves them with little resources.

Donors are increasingly reluctant to give unless there is something in it for them. Government officials need to be convinced that improving funding to access to justice programs can provide societal benefits. For example, resolving criminal matters fairly can keep at risk people employable, which will increase tax revenue, reduce social service costs, reduce welfare payments, and prevent recidivism.

Those calling for pro bono work must lead by example. For most practitioners in the trenches, it is irritating to listen to someone who has no skin in the game preach about the moral duty of performing pro bono work. Usually, they are either not in the profession or have already made their fortunes helping rich people get richer.

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These people spout platitudes from their pulpit and expect someone else to do the legwork. Sorry, but you are not going to get a lot of volunteers with this attitude. Chances are very good that you don’t have the charisma of Steve Jobs or Optimus Prime.

So to those who think lawyers should do more pro bono work, join them at the legal clinic helping clients. If you don’t know how to serve the indigent, then learn along with the rest of us. And no, you cannot hide behind your wall of plaques memorializing your years of public service. You do not get credit for time served.

In other words, put up or shut up.

There has to be a system that separates the moochers from the truly needy. Finally, pro bono advocates are strangely silent when it comes to dealing with people who have the money to pay for an attorney but don’t want to. While only a few people try to abuse pro bono programs, just dealing with one or two can cause a lawyer to lose faith in humanity and stop doing pro bono work altogether.

By setting up a system that ensures that only the truly needy will qualify for pro bono assistance, more lawyers will be inclined to help on their own volition. They won’t feel like they are giving away their livelihoods in exchange for some vague sense of karma.

Earlier: Back In The Race: No Bono — When Should A Lawyer Take On Pro Bono Work?
Back In The Race: No Bono — 4 Reasons Why Solo And Small-Firm Lawyers Minimize Pro Bono Work
Back In The Race: No Bono — Do Not Force Lawyers To Accept Death Penalty Cases

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

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