by Shannon S. Harwell

Created on: February 07, 2009   Last Updated: February 09, 2009

Practicing lawyers are supposed to be in the business of helping people. The problem is that not all people can afford to pay for a lawyer's help. This is especially true in today's economic climate. With problems such as divorce, child custody issues, and landlord-tenant disputes, to name a few, civil injustice is almost inevitable at some point for anyone. So if lawyers should be in their chosen profession to help people and to ensure citizens get treated fairly, why is it that only those with deep pockets can actually afford a lawyer's help?

It helps to understand the importance of pro bono work and to outline what should and should not be included in pro bono services. Pro bono, meaning "for the public good", should be the very core of a lawyer's reasons for entering the field. Note that pro bono does not necessarily mean "free", but most pro bono lawyers offer these "public good" services at no charge. This ensures that public interest is served, which is especially important to those public members with very little money. Even the licensing body, the American Bar Association, specifically outlines lawyer behavior, ethics, and importance of performing pro bono work. Lawyers should not be self-serving; instead, they should be of service. But of service when and for whom? Let's run down a list of common issues and how pro bono work relates to them:

1. First, let's get criminal activity out of the way. Those charged with crimes have no place in perceived entitlement to pro bono services. These generally aren't victims who need lawyer help, and if they do need help, they are Constitutionally entitled under Miranda Warning to have an attorney if they cannot afford one. This is known as "indigent defense" or "public defender" availability. Knowing this, criminally-charged citizens should have no right to private pro bono services. If they can afford one, they don't need pro bono work. And if they can't afford one, they'll get one anyway as part of their rights under law.

2. Now that a big chunk of pro bono hopefuls is eliminated, let's consider those who do need an attorney for non-criminal reasons. These people fall into two categories: Those who can afford to hire an attorney and those who cannot. Ability or inability to pay for a lawyer's services doesn't give one person's case any more merit than another's. A case with grounds is a case worth being heard. In the interest of this, lawyers should be required to offer a certain minimal number of hours per month

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