NCJ Number
47622
Date Published
1976
Length
13 pages
Annotation
THE INVOLVEMENT OF THE AMERICAN BAR ASSOCIATION (ABA) IN THE DELIVERY OF PUBLIC LEGAL SERVICES AND ADVOCACY FOR THE POOR IS OUTLINED, AND SUGGESTIONS FOR ENCOURAGING GREATER INVOLVEMENT BY INDIVIDUAL LAWYERS ARE MADE.
Abstract
THE ORIGINAL VEIW OF THE ABA HAS ALTERED CONSIDERABLY OVER THE PAST 100 YEARS AS TO WHAT ITS PUBLIC SERVICE RESPONSIBILITIES ARE AND HOW BEST TO MEET THEM. AT FIRST THE ORGANIZED LEGAL PROFESSION SAW ITS RESPONSIBILITY IN TERMS OF PROVIDING BETTER LEGAL SKILLS AND HONEST PRACTITIONERS. THE EARLY ABA DID NOT ADDRESS THE QUESTION OF PUBLIC ACCESS TO LAWYERS, ASSUMING A LAISSEZ FAIRE ATTITUDE. IT WAS NOT UNTIL AFTER WORLD WAR I, WHEN R. H. SMITH FOUNDED THE LEGAL AID MOVEMENT, THAT THE ISSUE RESPONSIBILITIES TO THE PUBLIC BEYOND COMPETENCE AND INTEGRITY AROSE. A NUMBER OF LEGAL AID COMMITTEES WERE FORMED, AND WHILE MOST MEMBERS SUPPORTED LEGAL AID SOCIETIES, FEW FELT ANY RESPONSIBILITY FOR ACTUALLY PROVIDING SERVICES TO THE POOR. PROSELYTIZING FOR THE EARLY MOVEMENT JOINED PUBLIC SERVICE RESPONSIBILITIES OF THE BAR WITH THE PUBLIC RELATIONS, TRAINING, AND OTHER BENEFITS WHICH COULD BE DERIVED FROM LEGAL AID SOCIETIES. WHILE THE PROFESSION'S ATTITUDE HAS NOT CHANGED GREATLY SINCE THAT TIME, ITS SELF-INTEREST HAS BECOME SOMEWHAT MORE ENLIGHTENED. FOR EXAMPLE, THE ABA PLAYED A CENTRAL ROLE IN THE LEGITIMIZATION OF THE OFFICE OF ECONOMIC OPPORTUNITY (OEO) LEGAL SERVICES PROGRAM IN THE 1960'S. WHILE PERHAPS THE MAJOR DIFFERENCE BETWEEN THE LEGAL AID OF THE 1920'S AND THE LEGAL SERVICES OF THE 1960'S IS THE SHIFT OF THE FINANCIAL BURDEN OF LEGAL SERVICES FOR THE POOR FROM THE PROFESSION TO THE SHOULDERS OF THE GENERAL TAXPAYER, THE SHIFT HAS NONETHELESS INVOLVED THE ORGANIZED LEGAL PROFESSION MORE THAN EVER BEFORE. THE ABA NOW HAS A ROSTER OF PUBLIC SERVICE PROGRAMS WHICH PROVIDE OPPORTUNITIES FOR LAWYERS IN VOLUNTEER PROGRAMS. IT HAS, HOWEVER, CONFINED ITSELF TO ADMINISTRATIVE SUPPORT OF PROGRAMS RATHER THAN ENGAGING IN ANY MORE WIDE-REACHING FORMULATIONS OF THE ROLE OF THE PROFESSION AS A WHOLE. IN 1975, THE ABA ADOPTED THE POSITION THAT PUBLIC SERVICE IS THE PROFESSIONAL OBLIGATION OF EACH LAWYER. ENUNCIATING THIS DUTY WILL NOT BE SUFFICIENT TO CONVERT IT TO A REALITY. MECHANISMS WHICH COULD BETTER ENSURE WIDESPREAD PROFESSIONAL INVOLVEMENT IN LEGAL PUBLIC SERVICES INCLUDE USE OF PUBLIC SERVICE PRACTICE AS A LICENSING REQUIREMENT FOR LAWYERS AND PUBLIC SERVICE INTERNSHIP PROGRAMS SIMILAR TO A MEDICAL INTERNSHIP. IT IS CONCLUDED THAT THE ABA CANNOT AFFORD TO IGNORE INCREASING PRESSURES FOR SERVICE PROVISION TO THOSE WHO NEED LAWYERS REGARDLESS OF THEIR ABILITY TO PAY. NOTES ARE PROVIDED. (JAP)