NCJ Number
47628
Date Published
1976
Length
14 pages
Annotation
AN APPRAISAL OF THE FIRST 6 YEARS OF PUBLIC INTEREST ADVOCACY (1969 TO 1975) INDICATES SIGNIFICANT VICTORIES; HOWEVER, CONTINUED EXPANSION IN ADVOCACY LAW WILL REQUIRE SOLUTIONS TO FINANCIAL DILEMMAS.
Abstract
THE TERRITORY OF PUBLIC INTEREST LAWYERS IS NOT WELL-DEFINED; THEY FREQUENTLY DEAL WITH PROBLEMS THAT ARISE AT THE INTERSECTION OF CORPORATE POWER AND GOVERNMENT RESPONSIBILITY. PUBLIC INTEREST LAWYERS AIM TO DEVELOP LEGAL COUNTERWEIGHTS TO THE CORPORATE BAR AND TO PROVIDE LEGAL REPRESENTATION FOR THOSE USUALLY EXCLUDED FROM THE POLICY DECISIONS THAT AFFECT THEM. THEY DEAL IN AREAS SUCH AS CONSUMER SAFETY AND ENVIRONMENTAL PROTECTION. DESPITE GROWTH IN THE AREA OF PUBLIC INTEREST LAW, THE INDIVIDUALS AND FIRMS INVOLVED ARE ONLY SMALL PROPORTION OF THE BAR. THEY REMAIN UNDERFINANCED AND UNDERSTAFFED; AND AS THE LARGE BUSINESS INTERESTS HAVE GROWN MORE ACCUSTOMED TO LEGAL CHALLENGES AND MORE SOPHISTICATED, PUBLIC INTEREST VICTORIES HAVE BECOME HARDER TO ACHIEVE. EXAMPLES OF THE ISSUES AND PROBLEMS INVOLVED IN PUBLIC INTEREST LITIGATION CAN BE FOUND IN THE ALASKAN PIPELINE CASE WHICH WAS ULTIMATELY LOST THROUGH CONGRESSIONAL ACTION, AND IN THE DDT LITIGATION WHICH STRAINED PUBLIC INTEREST MANPOWER AND FINANCIAL RESOURCES FOR 4 YEARS BEFORE RESULTING IN A LEGAL VICTORY. BETWEEN 1969 AND 1975 PUBLIC INTEREST ADVOCACY HAS WON A NUMBER OF IMPORTANT CASES AND HAS EXPANDED THE NOTION OF LEGAL 'STANDING'. IT HAS CREATED AN ATMOSPHERE MORE RECEPTIVE TO CITIZEN ADVOCACY AND REFORM, HAS INCREASED PUBLIC AWARENESS, AND HEIGHTENED CITIZEN PARTICIPATION THROUGH LITIGATION EFFORTS. FUTURE DEVELOPMENT OF PUBLIC INTEREST ADVOCACY WILL REQUIRE THE EASING OF RESTRICTIONS ON PUBLIC INTEREST LOBBYING EFFORTS RESULTING FROM TAX LAWS AND THE PROVISION OF FINANCIAL RESOURCES. PUBLIC INTEREST ADVOCACY CANNOT BE SUPPORTED AT AN ADEQUATE LEVEL WITHOUT NEW AND CONTINUING SUBSIDIES. THE COUNCIL FOR PUBLIC INTEREST LAW, ESTABLISHED IN 1975, IS EXPLORING ALTERNATIVE FUNDING MECHANISMS. PRO BONO MANPOWER COMMITMENTS BY LARGE COMMERCIAL LAW FIRMS APPEAR TO HAVE NOT GAINED WIDESPREAD ACCEPTANCE. THE GOVERNMENT AND ITS AGENCIES COULD PROVIDE SUPPORT FOR PUBLIC INTEREST LAW BY SIMPLIFYING LEGAL PROCEDURES, BY MAKING INFORMATION MORE WIDELY AVAILABLE, AND BY PAYING THE COST OF CITIZEN-GROUP PARTICIPATION IN CERTAIN AGENCY PROCEEDINGS OR REQUIRING REGULATED AGENCIES TO PAY SUCH COSTS. WHILE THERE HAS BEEN A TREND TOWARD AWARDING FEES TO PUBLIC INTEREST LITIGANTS IN COURT, THIS IS NOT SUFFICIENT TO SOLVE FUNDING PROBLEMS. IT IS HOPED, HOWEVER, THAT SOME COMBINATION OF FUNDING ALTERNATIVE WILL BE SUFFICIENT TO SUSTAIN PUBLIC INTEREST LAW. NOTES ARE INCLUDED. (JAP)