As attorneys, we enjoy the privilege of regulating our own industry. All of us, from the Supreme Court to The Florida Bar to local bar associations to licensed attorneys, share the privileges and responsibilities of a profession that is responsible for determining who can practice in the state. We all have a voice in setting the standards for personal and professional conduct and establishing the standards for continuing education and service. We create opportunities for professional development and invaluable networking resources for attorneys at any career stage. I believe these privileges are at risk of increased political oversight if we as a profession fail to address and resolve several key issues.
The legal profession in Florida is at a difficult point in its history: The fact that 40% of the state’s population cannot afford an attorney has implications for how the profession is perceived. According to the Legal Service Corporation’s Justice Gap Report, only 28% of low-income people believe that people like them are treated fairly in the U.S. civil legal system. Around halfdon’t think they can afford legal help – and don’t know where to find it. Many (64%) do not feel the legal support they received was sufficient. And, according to the report, “among higher-income Americans, the survey-based justice gap measure is significantly smaller for substantial problems.”
Thus the gap persists and our courts are inundated with citizens who have chosen self-representation without knowledge of process or options outside of litigation. Nearly three-quarters of divorce cases include at least one unrepresented party. Trust in lawyers and judges continues its decline and is at an all-time low. Career Explorer, a career advancement platform, reports that our profession’s happiness level is in the lowest 7% of all careers. Substance abuse and thoughts of suicide are common. It’s time for attorneys across the state to step up and collectively fulfill their duties to improve the profession while ensuring all citizens see the value and have faith in our current judicial system.
Pro Bono Work Via Legal Aid Organizations Offers Pathways to Leadership
Where do we start with such a large task? We can start by asking ourselves some tough questions: What kind of profession do we want? What do our professional values require? What does the public need? How do we sustain our independence? What’s the legacy we leave to our future colleagues?
From my perspective, pro bono work supported by legal aid organizations offers an opportunity for leadership. If we want a profession that people trust – one that contributes to society, is known for honesty and not only making the system work but making it work for everyone – then we collectively must step up and lead.
Going as far back in our nation’s history as John Adams, we find that a proven way to have an outsized impact on the Bar while bolstering the judicial system is representing those who otherwise would not have access to counsel. In fact, the very tenets of our legal system come from philosophies championed by Adams about representation and due process.
Service to Society Creates Leaders
I sometimes hear pushback from lawyers that doing pro bono work with legal aid organizations exceeds their bandwidth. What they may not realize is that ABA Model Rule 1.2 ( C ) allows legal aid organizations to unbundle representative requirements into three general buckets: full representation, limited representation, and advice and brief service – which in many cases may look and feel like just a client consultation on how best to navigate a relatively simple matter. We know that limited representation saves time and money. It can also help clients get to settlement more quickly, reducing negative outcomes and avoiding litigation.
Legal aid needs transactional lawyers as well. Our clients routinely need help navigating leases, mortgage agreements, and government benefit documents. Legal aid groups themselves need assistance with organizational transactions. As nonprofits dependent on donor and government support, they face compliance, contracts, business, and cybersecurity issues, just like any other law firm.
For early career attorneys wanting to make their mark, there’s huge upside in providing pro bono counsel. Moreover, pro bono work supported by legal aid opens entirely new practice areas for associates who may be somewhat constrained in their career track. Through volunteering, a young lawyer can gain invaluable experience working with clients, in the court room, as well access to judges and senior attorneys from across the state through networking and case work.
These experiences are invaluable and can help build a foundation of bar service and leadership. Regardless of how little or how much time you have or in what areas you practice, there are opportunities for everyone to lead and participate.
Individual Action Elevates the Bar in the Eyes of the Public
As a professional collective, we are called to be stewards of the profession. To bring about change, we must continually ask ourselves, “What can I personally do to make things better?” This means different things for each individual attorney. Regardless of career track, we must step up and start having these conversations and lead by example.
I am fortunate to be a graduate of the U.S. Army War College. In its Strategic Leadership Primer, leadership is covered in the context of career progression: immediate problem solving for low-level officers, organizational change for mid-level officers, and cultural and systemic change with an eye on the future state of the service for senior officers. We need that kind of thinking in our profession – strategic problem solving and leadership regardless of career type, firm type or practice description.
To move the needle, leadership in the legal field requires individual action – yours and mine. More experienced lawyers need to lead by example and encourage new lawyers to get involved. Pro bono is a crucial component of a legal system that provides everyone with equal access to counsel. Due process and equal representation are the rights of every American, and they are the cornerstones of our legal system. Lawyers can lead the way to a better bar and a brighter, more prosperous and equitable future by advocating for and supporting legal aid.
Jeffrey D. Harvey is the chief executive officer of Community Legal Services, a full-service civil legal aid law firm serving the Central Florida community. He is a 24-year veteran of the United States Army and recently completed a master’s in strategic studies at the U.S. Army War College.
This article was originally published in The Florida Bar News and is shared here with permission from the publication.