August 25, 2011
"Clinical Professors' Professional Responsibility: Preparing Law Students to Embrace Pro Bono"
The title of this post is the title of this new piece by Professor Douglas Colbert, which is now available via SSRN. Here is the abstract:
This article begins by examining the current crisis in the U.S. legal system where approximately three out of four low- and middle-income litigants are denied access to counsel's representation when faced with the loss of essential rights -- a home, child custody, liberty and deportation -- and where most lawyers decline to fulfill their ethical responsibility of pro bono service to those who cannot afford private counsel. The article traces the evolving ethical standards of a lawyer's professional responsibility that today views every attorney as a public citizen having a special responsibility to the quality of justice.
The author suggests that law professors assume a critical role in law students' decision to embrace or reject its pro bono ethical obligation. The author focuses on clinical faculty and suggests that its leadership within the academy will be crucial to bridge colleagues' world of theory and doctrine, and to connect with practicing lawyers. He illustrates clinical faculty's unique opportunity to incorporate the Model Rules of Professional Conduct by referring to the law reform and individual representation work that his clinical students perform. The author concludes by declaring clinical education presents an ideal opportunity for teaching students to appreciate their professional responsibility to promote access to justice and to embrace pro bono service as an integral element of a lawyer's professional life.
The reality discussed in this piece that "three out of four low- and middle-income litigants lack access to counsel when faced with the loss of essential right" shines an important light on the reality(?) discussed in this recent post that law school are now apparently graduating far too many persons each year given the limited number of new legal jobs that develop each year. Though there may not be a large number of new legal jobs to sustain all the new lawyers coming into the market, there remains no shortage of serious (and mostly unmet) legal needs in US society. (I plan to say more on this topic soon, in part because it is this reality that draws me to the view that law students truly interest in practicing law should feel more "scammed" by "career services" departments than by the law school as a whole.)
Posted by DAB
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