by Gabrielle Difabbio

Created on: November 24, 2009

Attorneys are part of a privileged class. This applies to attorneys who come from wealthy families, attorneys who are currently drowning in student loan debt, attorneys who graduated from top law schools, attorneys who graduated from law schools in the bottom tier, attorneys who graduated at the top of their classes, and attorneys who barely graduated at all. Attorneys are licensed professionals and as such they have achieved and continue maintain one of the most valuable tools one can possibly possess in this country: knowledge of the inner-workings of the legal system. This professional license is accompanied by a responsibility; a responsibility not only to maintain and act in accordance with a written and established ethical code of conduct but the unwritten responsibility to help those who cannot help themselves. This responsibility should extend not only to paying clients but to indigent clients, who are in many cases, in the greatest need for legal representation. These individuals are without a voice in the legal system and it is their lawyers who have the ability to speak on their behalf and to ensure that they are heard.

There is no argument that certain facts are true and are often presented as arguments against any requirement that mandates the rendering of pro bono legal services:

Fact 1: Most attorneys at large law firms have an overwhelming billable hour requirement.

Fact 2: Most attorneys, whether working at large law firms, mid-sized firms, government agencies, sole practitioners, etc. work exceedingly long hours and want to spend what little free time they have with their families, friends, and actually engaging in activities they enjoy.

Fact 3: Attorneys work and pay for their legal education and therefore should be entitled to have control over their practice.

However, despite these facts, like any other profession, there are requirements imposed on an attorney's time that extend far beyond billable hours, face time in the office, and requirements that interfere with the right to control one's practice. In other words, attorneys make time for those activities that are required either by law or by their employers (i.e., continuing legal education requirements, non-billable meetings, administrative tasks, etc.). A mandate requiring attorneys to provide pro bono services is not only possible from a time management perspective, but can actually be one of the most valuable ways in which attorneys can better their lawyering skills and expand

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