By Peter H. Glade, MBA President
I finished the trial of a relatively simple business case a few weeks ago. Each side called only two witnesses, and between us we offered fewer than 50 exhibits. We chose a six person jury, put on the evidence and argued the case in two days. The judge instructed the jury and they deliberated about two and a half hours before rendering their verdict. The lawyers were experienced, and did not squander court time.
The parties had no discovery disputes that required court intervention, depositions of the four witnesses took less than two days and the total number of documents exchanged would fit in any of our trial bags. Th e defense filed a fairly short summary judgment motion that successfully narrowed the issues for trial. As I look back on the billings, I see no wasted effort. I think both sides did a good job, if I do say so myself.
I provide all these details to give context to the total expense to the parties, which in combination exceeded $100,000. Competent legal services cost a lot of money, even when the lawyers try to keep costs down. So, I look at this particular case, and I think, “Wow, I’m not sure I could afford my own services if I needed them.”
Now consider those who do not have the good fortune most of us have experienced, and consider the frustration and despair that must come from needing the services of a lawyer without having the resources to hire one. A growing number of our fellow citizens confront these circumstances every year, because both the cost of legal services and the segment of our populations that is economically disadvantaged continue to rise.
Last month I filled this column by urging our membership to actively support the building of new court facilities in Multnomah County. In past columns, I have urged our membership to take action in the political arena to protect judicial independence and to ensure that our justice system is adequately funded. New courthouses, fairly paid judges and staff and adequate financial support for the legal system mean nothing to those deprived of access to that system. Too many of the people of this state fall into that category.
As lawyers, we are responsible for protecting and enhancing access to justice. Each of us can easily fulfill that responsibility by undertaking pro bono representation for those who cannot afford to pay. This issue of the Multnomah Lawyer is packed with information about a variety of pro bono opportunities available to lawyers in this state. I doubt any of our readers will have trouble finding a match for their practice area and experience level.
Oregon lawyers have generously supported Legal Aid Services of Oregon through the Lawyer’s Campaign for Equal Justice. Legal Aid lawyers and administrators have leveraged that financial support and other resources carefully and tirelessly to provide services to more than 20,000 low-income services. In addition, St. Andrew Legal Clinic serves the family law needs of many low-income individuals and families in this state. Nevertheless, studies have shown that less that 20% of the legal needs of those with modest means have been serviced each year. So, despite our ability to congratulate ourselves on our generous giving, we need to do more.
You do not need to give up your practice to make a difference. If each of the MBA’s 4,000 members committed even a tiny fraction of our available time to pro bono services, the impact would be enormous. Look at what has been accomplished in other parts of the world. The effect of providing access to economic opportunities by making “micro loans” to the poor was recently recognized when the Nobel Peace Prize was awarded to Muhammad Yunus and the Grameed Bank he founded in Bangladesh. Loans of small amounts to people who otherwise would not have a chance to improve their economic lot has empowered thousands of the world’s poorest people to lift themselves out of poverty.
We have the ability to accomplish a similar result. By providing Oregon’s under-privileged with access to our legal system, we allow them the chance to defend their rights, protect their families and obtain benefits to which they are entitled. We all benefi t from making sure that equal access to justice is available to all. Th e community’s health and our quality of life improve when we ensure that everyone can make use of the legal system, regardless of their economic resources.
As you will see from reading our annual pro bono issue, the need is real and the opportunities to meet that need abound. Sign up today, and be part of making this community a better place to live.
This column appeared in the January 2007 issue of Multnomah Lawyer, the monthly newsletter of the Multnomah Bar Association. Peter Glade was president of the association from 2006 to 2007. View this article on the MBA's Web site at http://www.mbabar.org/docs/newsletters/ml_jan2007.pdf.
