In Florida, as well as around the country, the legal profession is at a crossroads. The culture and processes we’ve created are threatened. As I mentioned in my last article, trust in lawyers and judges is at an all-time low. Almost half of low-income people don’t think they can afford legal help—and don’t know where to find it. Nearly three-quarters of divorce cases include at least one unrepresented party. Early- and mid-career attorneys are more dissatisfied than ever with their professional lives. Our courts are clogged with citizens who have chosen to represent themselves without knowledge of process or options outside of litigation.
In so many ways, we are struggling to provide equal access to representation. Many judges have shared with me the impact self-represented litigants have on the efficiency of the court process as well as the increase in the likelihood that the case will not be resolved on the merits, but rather some matter of procedure or rule of evidence because of the lack of court process knowledge of the average citizen
As attorneys, we enjoy the privilege of regulating our own industry. The state bar controls who can practice in the state and sets the standards for personal and professional conduct. It administers disciplinary action when warranted and sets requirements for continuing education and pro bono service. It also provides opportunities for professional growth and networking. All of these things we may take for granted are at risk of political oversight if we collectively fail to address and resolve the mounting issues we face.
How do we do this? We start by asking ourselves some tough, basic questions: What does the system need? What kind of profession do we want? How do we want to practice? How much regulation is acceptable? What type of culture do we want to create? What legacy do we want to leave those who follow us into law careers? And most importantly, how do we sustain our independence?
A good place to start, I believe, is professional leadership. If we want a profession that people trust—one that contributes to society, is known for honesty, known for being not only making the system work but making it work for everyone, then we collectively must step up and lead. From my perspective, pro bono work for legal aid organizations offers that leadership—a proven way to have an outsized impact on the Bar while bolstering the judicial system of the future.
Legal Aid Presents Opportunities for Leadership
For aspiring attorneys looking to make their mark, there’s huge potential in providing pro bono legal aid counsel. By its nature, legal aid is an excellent place to educate, inform and clarify. Early advice eases stress for individuals and ultimately helps keep many matters out of the courts. Knowledge of the legal process and the law eliminates what in the Army we called “barracks lawyering”—advice based on uninformed rumors.
Some of the pushback I hear from lawyers about dedicating pro bono hours to legal aid is concern that the matter will exceed their available time. To better leverage a volunteer pro bono attorney’s time and talent, legal aid organizations uniquely can unbundle their representative requirements into three general buckets:
Full representation, limited representation, and advice and brief service—general “coaching” or awareness as a client self-navigates their civil or consumer issue.
During COVID-19, we were particularly effective in debunking false eviction false information. One of our pro bono attorneys, who was also a landlord, established an office to help his tenants apply for rental assistance if needed. Tenants at times flat out refused to meet with him, claiming, “it’s COVID, you can’t evict me and I do not have to pay rent.” We helped the attorney/landlord explain to tenants their rights and outline state and federal rental assistance programs they weren’t previously aware of.
Our organization has had considerable success in consumer law, unbundling the representation and providing guidance on process, rights and potential outcomes. We coach clients through their issues, keeping tabs on their progress and stepping in if a matter reaches the courts. In these cases, limited representation saves time and ultimately money. Often, we advise clients to get to settlement quickly, reducing the risk of negative outcomes.
Family law is another area we see frequently in legal aid that needs lawyer participation. Divorce and custody matters present a huge need for counsel. Unrepresented spouses in divorce are much more likely to lose their cases than represented spouses. We find that because divorce is emotionally charged, clients need advice, especially on when to stop adding items to a claim. A pro bono legal aid attorney is essential in effectively managing the occasional unreasonable client.
Transactional lawyers who may find family law and civil litigation outside their comfort zones can assist legal aid organizations across the state with their own organizational transactions. As nonprofits dependent on donor and government support, compliance, contracts, estate law, and data security are all areas where they need counsel.
Individual Action Is Essential to Our Collective Success
As members of the Bar, we are all ultimately called to be stewards of our profession, which means different things for managing partners and associates as well as corporate counsel, large law firms, and solo practitioners. Many of us, regardless of career track, are ready to step up and start having these conversations and leading by example. We must continually ask ourselves, “What can I do to make things better?”
The strategic leadership primer from the U.S. Army War College, covers strategic leadership at every level of the officer ranks, beginning with mid-career officers—how to solve an immediate problem. The primer shifts focus further up the ranks, outlining for colonels and generals how to solve systematic issues, as well as how to create the desired culture and future of the service. We need that kind of thinking in our profession—strategic problem solving and leadership. There are plenty of potential “generals” among us—fellow attorneys who are well known and successful.
I believe a legal system that provides everyone with equal access is essential to our profession’s future. Legal aid is a crucial component of that. Due process and equal representation are the rights of every American, and they are the cornerstones of our work. Lawyers can lead the way to a brighter, more prosperous, equitable future by advocating for and supporting legal aid with time, money, and knowledge. To move the needle, leadership in the legal field requires individual action—yours and mine.
Reprinted with permission from the August 14, 2025 edition of Daily Business Review © 2025 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.