NCJ Number
59873
Date Published
1979
Length
30 pages
Annotation
ALTHOUGH CANON 2 OF THE CODE OF PROFESSIONAL RESPONSIBILITY REQUIRES LAWYERS TO ASSIST THE LEGAL PROFESSION IN THE DELIVERY OF SERVICES TO ALL PEOPLE, THIS GOAL HAS YET TO BE ATTAINED.
Abstract
THE LEGAL PROFESSION HAS EFFECTIVELY MAINTAINED A MONOPOLY ON THE DELIVERY OF LEGAL SERVICES, AND DESPITE THE ASPIRATIONS OF THE AMERICAN BAR ASSOCIATION, LAWYERS ARE DISCOURAGED FROM ENGAGING IN EFFORTS TO ASSIST PERSONS WHO CANNOT AFFORD MOST LEGAL SERVICES. ALTHOUGH THE DEGREE OF TENSION BETWEEN SELF-INTEREST AND PROFESSIONAL GOALS VARIES AMONG DIFFERENT GROUPS OF LAWYERS, SELF-INTEREST IS PREVALENT ENOUGH TO INDICATE THAT THE LEGAL PROFESSION WILL NOT BE ABLE TO IMPROVE BY ITS OWN ACTIONS. IRONICALLY, THE STRONGEST FORCE FOR CHANGE IN THE ETHICAL AND OPERATIONAL STANDARDS OF THE LEGAL PROFESSION IS OUTSIDE THE ORGANIZED BAR. CONSUMER GROUPS AND LEGISLATURES HAVE ENCOURAGED REFORMS, AND THE POSSIBILITY OF ANTITRUST SUITS HAS COMPELLED CHANGE IN DISCRIMINATORY ETHICAL STANDARDS. LEGAL ASSISTANCE TO THE POOR AND TO MIDDLE INCOME FAMILIES STILL REACHES ONLY 10 PERCENT OF THOSE NEEDING SERVICES. PREPAID LEGAL INSURANCE PLANS HAVE BEEN OPERATING ONLY ON A SMALL SCALE. OPEN PANEL INSURANCE PLANS ARE RECOMMENDED BECAUSE THEY PERMIT PARTICIPANTS TO CHOOSE THEIR OWN LAWYER, WHILE PRESERVING THE INDEPENDENCE OF THE ATTORNEY; CLOSED PANELS HAVE THE ADVANTAGES OF BECOMING SPECIALIZED IN THE PROBLEMS CONCERNING THE PLAN'S REGULAR USERS. BOTH SYSTEMS HAVE BEEN APPROVED BY THE AMERICAN BAR ASSOCIATION. BACKGROUND INFORMATION IS PROVIDED ON THE DEVELOPMENT AND APPROVAL OF LEGAL ASSISTANCE PROGRAMS. FOOTNOTES ARE PROVIDED. (TWK)