by Robin Landry

Created on: July 09, 2009

For many years the ethical standards of both the American Bar Association and the legal community at large have encouraged its members to voluntarily participate in pro bono work, work done without compensation for the public good. But, in our increasingly complex and litigious society, should pro bono work be required rather than merely suggested or encouraged?

The need for pro bono work is great and continues to grow along with the ever increasing economic crisis. As Americans we pledge our allegiance to both our flag and to our nation in exchange for the promise of "liberty and justice for all." Unfortunately, however, justice is often dependent upon the quality of legal representation. Public defenders and legal aid attorneys overwhelmed by growing caseloads are not always able to keep up with the growing demand for their services. The Legal Services Corporation (LSC), a government funded legal aid provider founded in 1974 completed a study which highlights this problem. LSC reports that they must reject at least one million cases every year due to lack of resources.

The study also reveals that legal aid attorneys serve an average of 6,886 clients on an annual basis compared with just 525 clients per year for private practice attorneys. Plus, the legal problems suffered by the economically disadvantaged are by no means simple or routine. These overburdened professionals are regularly called upon to handle thorny issues involving elder abuse, domestic violence and the custody and guardianship cases that arise as a result. They also may need to sort out situations where clients have been unjustly denied access to housing, health care, and special education services for their children.

While making pro bono work mandatory for all private practice attorneys could theoretically ease the legal aid burden, I do not believe that this solution is an ideal one. Americans on the whole generally seem to be a fiercely independent lot who closely guard our individual freedoms and rights. For a certain segment of the population, any suggestion on mandated service of any kind, no matter how noble the cause may be met with harsh resistance.

For proof of this, just check out some of the near hysterical reactions in the blogosphere to the passage of H.R. 1388, also known as the "Serve America Act." This law, designed to dramatically increase funding for AmeriCorps and other volunteer programs has proven to be surprisingly controversial. Because the law contains

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