
Welcome to Issues Update 2007. The reports on this page, written by a select group of ABA staff members, summarize state, local, and ABA activity on 12 of the most pressing topics affecting bar associations and the profession. Click any topic below for the introduction to its update. Click the hyperlink in the introduction footer for the complete update. To suggest a topic, click here.
Legal Services Taxation | Loan Repayment | MJP | Pro Bono | Unified Bars | Work-Life Balance
Advocacy for the Profession
The nation’s lawyers cheered when in 2003 the American Film Institute named Atticus Finch, the courageous lawyer in To Kill a Mockingbird, its number one movie hero. The selection reaffirmed the deeply held belief among legal practitioners that their profession remains a noble calling. But whatever their stature on the silver screen, public confidence in lawyers remains low. The bar world has been working hard to change that.
Attorney-Client Privilege
The dispute over attorney-client privilege is at its core a civil one. The US Supreme Court has ruled repeatedly for the privilege, supporting its applicability to corporations and individuals alike. But in recent years a number of federal agencies have adopted policies that effectively undermine the privilege. The most significant of these policies pressure organizations to waive their privileges to receive credit for cooperation during investigations.
Disaster Planning
Planning for the unexpected might not be the most natural business practice, but it is an essential one. The June 2006 edition of Wisconsin Lawyer reports that disaster is one of the top four causes of business failure. The continuing impact of September 11th and Hurricane Katrina on the legal profession have made disaster planning a key priority for bar associations.
Diversity
The 2000 U.S. Census revealed an unflattering statistic about the profession: minorities, who represented 30% of the country's population, accounted for only 15% of its lawyers. With the census bureau now projecting the population of the country's three largest minority groups – Hispanic, African-American, and Asian – to more than double by the year 2050, the already-high bar priority of increasing diversity in the profession has become higher still.
Interest on Lawyers' Trust Accounts
Interest on Lawyers Trust Accounts (IOLTA) programs combine into one trust account client funds that would not earn interest on their own for the client, and uses the interest to pay for legal services for the poor. IOLTA has been wildly successful: operating in all 50 states, D.C., and the Virgin Islands, they’ve earned more than $2 billion nationwide since the first IOLTA program became operational in 1981.
Lawyer-Legislators
Their service to two branches of government (already being a member of the judicial branch by their admission to the bar) tests the separation of powers. And dissidents argue their meticulous attention to statutory language can slow down the process. But since John Adams' appointment to the first Continental Congress in 1774, lawyers have been a staple in US legislatures.
Legal Services Taxation
Proponents of legal services taxation argue that it would be a relatively painless way to raise much-needed state budget revenue. Opposers counter that the tax would not only be an inadequate revenue source, but would raise legal costs and interfere with consumers’ rights to counsel and access to the courts.
Loan Repayment & Forgiveness
Faced with more than $80,000 in debt and monthly payments of more than $1,000, most new law school graduates quickly dismiss careers in the low-paying fields of public service and government law. Loan Repayment Assistance Programs (LRAPs) help students pay their loans, encouraging them to take a second look at careers in public service.
MultiJurisdictional Practice
Multijurisdictional practice (MJP) is the temporary legal work of a lawyer in a jurisdiction in which the lawyer is not admitted to practice law. The California Supreme Court’s 1998 decision in Birbrower et al v. Superior Court of Santa Clara County was the catalyst for the ongoing national debate on MJP.
Pro Bono
The need for pro bono attorneys to represent the poor is greater than ever. According to a 2005 Legal Services Corporation report, legal services attorneys are available for less than half the eligible clients who need them. In response, the ABA and several states are implementing measures to motivate law firms, attorneys, and judges to help meet the pro bono need.
Unified Bars
The benefit to bars of unification is clear: greater political influence and revenue than they would have as a voluntary bar, widening their ability to represent the profession and their members. But some unified bar members take exception to a compulsory dues payment.
Work-Life Balance
Law practice exacts a heavy toll. As many as one in four lawyers suffers from stress. In a recent survey of people from 105 professions, lawyers ranked as the most depressed. The demands of the profession have made chemical abuse a prevalent force in the legal community. Reports estimate that 15 - 18% of lawyers suffer from alcohol addiction – 5-8% more than the general population.
