Most of us subscribe to the notion that we live in a nation governed by "the rule of law."
But this idea means little if some people cannot access the legal system that enforces those laws and protects the rights they create. Our courts provide a primary means of ensuring everyone has recourse for harm arising from violation of laws and rights. Although access to the court system does not always require the services of a lawyer, representation by competent counsel goes a long way toward receiving fair treatment and achieving a just result.
Lawyers have long considered their professional responsibilities to include serving those without the resources to pay them. Through the years, many lawyers have provided these pro bono services on an individual basis. At the same time, the legal profession's commitment to ensuring access to the legal system has been advanced by many of the organizations and associations of the profession.
In Oregon, a prime example of a professional organization taking leadership in this effort is the Multnomah Bar Association.
The MBA, a voluntary organization for lawyers and others working in law, celebrates its 100th anniversary this year. A strong theme running through that century of service has been the creation and support of programs providing legal services to the poor and disadvantaged. As far back as 1917, the MBA's minutes record instances of the fostering of pro bono services. In 1935, the MBA formed a committee to work with a similar Oregon State Bar committee to set up an office to provide free legal aid to residents of Multnomah County. That early Legal Aid office, through growth and merger, is now part of Legal Aid Services of Oregon, to which the MBA continues to lend its support.
Legal Aid lawyers, committed to their clients and work, typically make significantly less than their classmates who have gone into private practice. Legal Aid funding has, at times, been controversial. Currently, government support for legal aid organizations is dwindling. In 1991 Oregon lawyers formed the Lawyer's Campaign for Equal Justice which raises money annually to support Legal Aid. This year's annual fund drive raised more than $1 million. Through their contributions to the campaign, Oregon lawyers have demonstrated their willingness to provide financial backing for these services that are vital to the more than 600,000 Oregonians living in poverty.
Yet with so many people in need, Legal Aid could not handle the load, even if better funded. So volunteer lawyers also provide legal services at no charge for individuals Legal Aid and other clinics cannot handle. In 1981, the Volunteer Lawyers Project was established by the Young Lawyers Section of the MBA to screen indigent clients and refer them to lawyers volunteering their time. The Volunteer Lawyers Project, now part of Legal Aid, has operated with minimal funding but great success thanks to its dedicated staff and the willingness of lawyers to provide free services to those in need.
Firms and businesses employing attorneys also play a role in providing legal advice and representation to those in need. Young lawyers often ask about a firm's pro bono policies, looking for opportunities to serve. Many firms provide incentives for lawyers to serve the community by volunteering time to clients, cases and causes that lack the financial ability to pay for the services. Many times, these volunteer services are no more than providing advice or rendering brief services. But there are also important cases requiring large amounts of time and talent that require volunteer services. Many firms support their members in the participation in these cases. Lawyers within the firm pick up the slack in firm finances, permitting their colleagues to devote significant amounts of otherwise salable time to the pro bono effort.
This article addresses legal services to the poor in the civil law context. Yet impoverished Oregonians also have needs for defense of criminal matters. Because our constitution requires the state to provide a lawyer for those who cannot afford one, and because the state cannot constitutionally prosecute a defendant that does not have competent assistance of counsel, the state must rely on the willingness of lawyers to provide defense to the indigent. The state does not pay top dollar for these services, and the lawyers who provide them, whether as employees of the Metropolitan Public Defender or in private practice, sacrifice the ability to earn the large fees collected by their counterparts in civil practice to serve this community.
"Rule of law" and "equal access to justice" are just words until the community and its lawyers provide the resources to breathe life into them. Oregonians are lucky to have a rich history of volunteerism and commitment from its lawyers willing to guard these principles with their time, talent and finances.
This guest column was published in the Portland Business Journal on March 24, 2006.
http://portland.bizjournals.com/portland/stories/2006/03/27/focus9.html
