ProRes - The Role of a Lawyer (UHLC)

• 1. Delivery of Legal Services and the The Role of the Lawyer

2. The Delivery of Legal Services Public service is an integral part of the legal profession. Rule 6.1 Every lawyer should aspire to render at least 50 hours of pro bono public legal services per year. 3. Who Receives Pro Bono Services? Rule 6.1(a) Persons of limited means or Charitable, religious, civic, community, governmental, and educational organizations in matters that are designed to primarily address the needs of persons of limited means. 4. Pro Bono and Reduced Rate Services Rule 6.1(b) Individuals or organizations that protect civil rights, civil liberties, or public rights (when payment would significantly deplete organizations resources) Persons of limited means Organizations that help improve the law, legal system, or profession 5. Not Just your Time Rule 6.1(b) Continued A lawyer should voluntarily contribute financial support to organizations that provide legal services to persons of limited means 6. Types of Legal Services Rule 6.1 Comment Legal advice Legislative lobbying Administrative rule-making Free training or mentoring to those who represent persons of limited means 7. A) Family B) Criminal C) Small Claims D) Personal Injury E) Work with kids F) Whatever family and friends need What do you think? What kind of pro bono work do lawyers do? 8. Survey of Lawyers 9. What do you think? How many pro bono hours per month? A) 0 B) Up to 3 hours C) Between 3 and 5 hours D) Between 5 and 10 hours E) Between 10 and 15 hours F) Between 15 and 20 hours G) More than 20 hours 10. Survey of Lawyers 11. Hard Choices: Basic Facts about the Legal Profession # Lawyers in US: 752k 912k # Lawyers who regularly represent lower SES clients in civil cases: 6,000 (less than 1%) Most US lawyers work in firms that predominantly represent institutions, not individuals 12. Affordability of Legal Services 17% of US population (about 50 million people) are nominally eligible for free legal services 80% to 90% of their legal needs are unmet Next 30% (lower middle class or unrich) earn $50k-60k a year. Can afford only basic legal services (ex. wills) Almost 50% of Americans cannot afford serious legal disputes. 13. Respondents Comment The current pro bono system overlooks a large group that could certainly use access to free or low cost legal services - the middle class. For example, when they have a family member involved in the criminal justice system, or feel they are being treated illegally or "unfairly" at work, or have a disagreement with the government over something like condemnation or a tax appeal, or a dispute with their insurance company, they often cannot afford attorneys and just give in or take whatever is offered. Legal services generally cost too much for all except the wealthy, large corporations, well-to-do small businesses, and the government (which always seems able to hire lawyers). So while the plight of the indigent is difficult and needs to be addressed by the profession, there is an equally large group that is also unable to afford legal representation and nothing seems to be designed to help them. 14. Why is Legal Assistance Unavailable? Incentives the nature of the market Student Loans Big Law $$$ Monopoly of the law ABAs intentional disregard of the problem Blue Ribbon Study (recommendation of non-lawyer practice 15. Big Law Draw Big Law salaries can exceed $150,000 for first-year associates. 16. Big Law Draw As salaries increase, time spent on pro bono work decreases. Many firms no longer credit pro bono hours in calculating billable hours. So associates are less likely to do pro bono work. See Cameron Stracher, Go Go Bono, The American Lawyer 51 (December 2000) 17. What do you think? What is the most common Barrier to Performing Pro Bono Work? A) Too busy with work B) No expertise in the field C) Need more free time D) Cant pay associated costs E) Not supported by the firm F) Dont think I should have to 18. Survey of Lawyers 19. Monopoly on the Law Restrictions on non-lawyer practice hurt the public without protecting the professions pocketbook (and prestige). The un-rich in the US ordinarily cannot afford a lawyer who will assist them, and it is hard to fathom why the Bar so stubbornly insists that because they cannot afford the sort of Mercedes-Benz justice the Bar prefers, they should be forbidden from at least riding in a Chevy. - Hard Choices 20. ABAs Blue Ribbon Study Recommendation: Relax restrictions on lay advocacy BUT, the ABA refused to act on the recommendation. Most states aggressively enforce restrictions on non-lawyer representation, even where it is conceded that lawyers will not step in to fill the representational vacuum and that non-lawyers can competently address the problem. 21. In Re Arons Non-lawyer experts may not assist parents of disabled children in due process hearings under the Individuals with Disabilities Education Act. This is even though the non-lawyer experts were competent to handle the hearings and no lawyers were available to provide help. In Re Arons, 756 A.2d 867 (Del. Sup. Ct. 2000) In Re Bachmann, 113 Bankr. 769 (S.D. Fla. 1990) 22. Hard Choices Recommendations Expand funding to Legal Services Corporation End lawyer monopoly on the provision of routine legal services Implement mandatory pro bono programs 23. Movie Time 24. The Many Roles of A Lawyer The Preamble to the ABA Model Rules states that a lawyer may fill a variety of roles: Advisor Advocate Negotiator Evaluator Third-party Neutral, Mediator, Arbitrator 25. Advisor Rule 2.1 Duty to exercise independent professional judgment and render candid advice. A lawyer may consider Law Morals Economics Social factors Political factors 26. Advisor Rule 2.1, Comment 5 A lawyer is not required to give legal advice until asked, however if the client proposes a course of action that is likely to result in substantial harm, the lawyers duty under Rule 1.4 may require the lawyer to give advice related to the matter. 27. Advocate A lawyer may zealously assert his/her clients position. Rule 3.1 A lawyer shall not bring or defend a proceeding that is frivolous, except in criminal cases. Rule 3.1, Comment 1 Use legal procedure to the fullest benefit of your clients cause, but do not abuse the legal procedure. 28. Negotiator Rule 4.1 In negotiating with others, do not make false statements of material fact, or fail to disclose a material fact when it is necessary to avoid assisting a criminal or fraudulent act by a client. Rule 4.1, Comment 1 Not required to inform the opposing party of relevant facts that would undermine their clients position. Rule 4.1, Comment 2 Puffing is ok as long as it is not a statement of material fact. 29. Negotiator The goal is to reach a deal that is beneficial to your client while being honest in your dealings with others. Examples: Settlements, Business Transactions, Mergers 30. Evaluator Rule 2.3 (a) A lawyer may provide an evaluation of matters affecting the client and provide a report for use by a third party, as long as making the evaluation is compatible with other aspects of the lawyers relationship with the client. Rule 2.3(b) If the lawyer knows or should know that the evaluation is adverse to the clients interests, the lawyer should not provide the evaluation without the clients informed consent. 31. Evaluator Rule 2.3, Comment 1 Evaluate at the clients request or when impliedly authorized in order to represent the client. Rule 2.3 Comment 2 It is essential to identify your client: Are you retained by the person whose affairs are being examined or by someone else? 32. Third-Party Neutrals Arbitrators and Mediators Rule 2.4(a) A lawyer has this role when assisting non-client parties resolve a dispute. Rule 2.4(b) A lawyer must inform the parties that he is not representing them. Explain to the parties that your role in this situation is different than a representational role. Rule 2.4, Comment 2 Different codes of ethics may apply. 33. The following are societal roles and functions that an attorney might fill. Please indicate how you perceive the level of importance for these roles and functions. To advise clients of their legal rights and obligations To advocate for a clients interests, whatever they are To advocate for justice or fairness, regardless of a clients interests To educate the public about legal matters To inform voters about the legal views of elected officials To improve laws and the legal system To increase access to the legal system To expose unfairness, corruption, or legal wrongs Survey of Lawyers 34. Survey of Lawyers Respondents were asked to classify the roles Not a role or function of an attorney Not important Somewhat not important Somewhat important Very important 35. Survey of Lawyers 36. Perceptions of Lawyers on TV 37. The Big Law Bully 38. Destruction of Evidence 39. The Spiteful Prosecutor 40. The Ambulance Chaser 41. Despite portrayals of Lawyers in some movies, most attorneys are good people. Some Attorneys are really good people who have done amazing things 42. end slavery Abraham Lincoln 43. Ban the use of DDT William Ruckelshaus 44. Mohandas Gandhi Lead a country to self-rule 45. Work to end hate crimes Morris Dees 46. Bring medicine and medical care to poor countries Ellen t Hoen 47. What will You do? 48. Enjoy the show