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Lawyers Have a Duty to Serve the Poor

NCJ Number
138324
Journal
Judges' Journal Volume: 31 Issue: 3 Dated: (Summer 1992) Pages: 19-21,36- 38
Author(s)
T D'Alemberte
Date Published
1992
Length
6 pages
Annotation
The expansion of pro bono legal services programs in this country depends in large measure on the role of judges in establishing comprehensive programs to increase access to the justice system for poor Americans.
Abstract
The history of common law as well as State and Federal constitutions support the argument for provision of lawyers' services. However, the trend of urbanization and the emergence of constitutionally mandated public defender programs have weakened the connection between lawyers and poor clients. The New York Pro Bono Coordinators' Network has developed a model strategy for judges to encourage attorney involvement in these programs. The strategy includes these measures: formation of a committee of bar leaders, judges, and legal service providers to address the issue of pro se litigants; provision of calendar preference to pro bono cases; organization of training and briefing sessions; and appearances at lawyer recruitment functions to give recognition to pro bono service. Judges involved in pro bono programs should keep five basic principles in mind: present every lawyer with a specific request to provide pro bono service, avoid general calls for volunteers, avoid imposing sanctions on lawyers who refuse to accept such appointments, applaud lawyers who do serve, and make public lawyers' decisions about pro bono service.

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