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Bar News - June 6, 2003 Opinions - Former Georgia Governor Barnes On Value of Pro Bono Service THE FOLLOWING IS an excerpt of the remarks of former Georgia Governor Ray Barnes, now a volunteer for Atlanta Legal Services, presented at the NH Bar Foundation Annual Dinner on May 22. We must first recognize that we are a profession and not merely merchants of the goods known as legal services. Our stock in trade is not bought and sold on a commodity exchange. The right we have to practice is a controlled one, not available to everyone, and closely regulated. This difference creates a duty to society for the privilege of practicing our profession. In observing the current status of our public contract, Dean Gene Nichol of the University of North Carolina Law School gave a speech recently where he observed as follows: "We carve ‘equal justice’ on our courthouse walls. It is the cornerstone of our system of adjudication. We swear fealty to it every day. For decades, we’ve announced as a fundamental principle that there can be no equal justice where the kind of trial a person gets depends on the amount of money he has. But what we actually do has little in common with what we say." Is Dean Nichol correct? Do we give only lip-service to the ideal of quality representation for all? Sadly, I don’t think anyone would argue with Dean Nichol’s assessment. We have a crisis in the representation of the poor in this country in both civil and criminal matters. In civil cases, legal services organizations and their lawyers struggle to provide representation for the poor, but the task is daunting. The income level at Atlanta Legal Aid at which an individual qualifies for representation is no more than $11,225 and $23,000 is the threshold for a family of four. Even with this minimum level, we can serve only about 20 percent of those who qualify. Likewise, the furnishing of competent counsel for those indigents who are charged with crimes is a national disgrace. What is the solution, then, to our image problem as lawyers and our ethical and social responsibilities as lawyers? Well, I have a couple of suggestions. First, all lawyers – and not just associates – should donate 50 hours per year of pro bono services. That is far below what is recommended by the Pro Bono Institute, which challenges firms to provide 5 percent or 100 of their billable hours pro bono. Importantly, senior lawyers in firms should participate in this process. If they do not, we will never solve the problem. There is another reason every lawyer should participate in pro bono. It is satisfying, and it is fun. I had a client, an elderly lady I was meeting with who could not quite remember where she had seen me previously and exclaimed: " I know who you are. You are one of those lawyers who advertise on TV." And there was the elderly lady I helped with a relatively minor problem who on leaving tried to give me a dollar bill. When I refused, she told me she would bake me a pie this spring and bring it to me. That is why I became a lawyer. Pro bono service will not solve all of the needs of the civil and criminal needy. We need strong legal aid organizations with staff attorneys. But these institutions will never be able to meet the needs of all of those who deserve representation. The common effort by everyone involved, at all experience and compensation levels, however, can make the difference and fill the need. As a byproduct, it can change our image, as well. UNLESS OTHERWISE INDICATED, opinions expressed in letters or commentaries published in Bar News are solely those of the authors, and do not necessarily reflect the policies of the New Hampshire Bar Association Board of Governors, the Bar News Editorial Advisory Board or the Bar Association staff.
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