Originally published in Student
Lawyer magazine, February 2006 (Vol. 34, No. 6). All rights
reserved.
Help Yourself and Others With Pro Bono
In addition to serving those who can’t afford legal services,
pro bono work provides relevant work experience and other career-development
benefits for law students
by Melanie Kushnir
Melanie Kushnir (
kushnim@staff.abanet.org)
is assistant staff counsel with the ABA Center for Pro Bono.
Pro bono is on the minds of many lawyers these days, particularly
within the American Bar Association. In February 2005, the ABA amended
its accreditation standards to require approved law schools to offer
“substantial opportunities for student participation in pro
bono activities.” Later in the year, incoming ABA president
Michael Greco issued a call for a “Renaissance of Idealism”
in the legal profession. The initiative is designed to help lawyers
and law students provide free legal services for those who need
but cannot afford them.
The term “pro bono” comes from the Latin “pro
bono publico,” which means “for the public good.”
Rule 6.1 of the ABA
Model Rules of Professional Conduct encourages lawyers to provide
at least 50 hours of legal services a year without fee or expectation
of fee. The rule recognizes that only lawyers have the special skills
and knowledge needed to secure access to justice for community organizations
and low-income people, whose enormous unmet legal needs are well
documented.
In the law school setting, pro bono generally refers to student
provision of voluntary, law-related services to people of limited
means or to community-based nonprofit organizations, for which the
student does not receive academic credit or pay. Law students who
do pro bono work accomplish more than fulfilling a much-needed community
service. They also enhance their career development and make themselves
more attractive to potential employers.
Despite the drumbeat for pro bono in the legal profession and
at law schools, many students have legitimate questions: Why should
I take time from studies to do pro bono work? Where can I find good
opportunities? What if pro bono work doesn’t have anything
to do with my practice interests and career goals?
These good questions have good answers. Consider these issues
as you seek pro bono opportunities in law school and throughout
your legal career.
What’s in it for me?
The legal profession promotes pro bono work as a means to address
the growing gap between the legal needs of those who cannot afford
legal services and the resources available to meet those needs.
At the same time, pro bono offers many benefits for law students:
Legal skills development. Pro bono participation
is an opportunity to work with real clients. This experience enables
students to develop a variety of fundamental legal skills that law
courses alone cannot teach, such as problem solving, legal research
and analysis, counseling, negotiation, litigation, and the recognition
and resolution of ethical dilemmas. Having developed such skills,
a student can market herself to future employers by demonstrating
that she has relevant and practical work experience.
Introduction to practice settings. Pro
bono helps law students explore various practice settings and client
bases. Students have been placed with legal services organizations,
public defender and prosecutor offices, other government agencies,
and lawyers in private practice. They have performed pro bono work
in areas such as criminal prosecution and defense, environmental
issues, health access and mental health, community economic development,
consumer protection, domestic violence, child support, land use,
education, employment, civil rights and liberties, immigration,
tax preparation, international law, and Social Security and other
government benefits.
Networking and mentoring. Pro bono work
opens the door to these two important career development tools.
It helps students build relationships with practicing lawyers who
can serve as important contacts for future employment. The lawyer
supervising a student’s pro bono work can provide helpful
feedback. The lawyer can also provide references, career guidance,
and job leads.
Leadership skills development. Pro bono
participation frequently offers students a chance to exercise leadership
skills, a quality viewed favorably by employers. At many law schools,
students have developed pro bono projects after identifying a need
for them. If you see an untapped opportunity for pro bono service
in your community, you can do the same. Such experiences make great
stories to tell in cover letters and job interviews.
Where can I find pro bono opportunities?
Pro bono opportunities at the 190 ABA-approved law schools vary
greatly. Before searching for pro bono work, find out whether your
school has a pro bono program and, if so, how it’s structured.
Some schools have designated pro bono programs, staffed by professionals
who help match students with outside organizations that do pro bono
work. Other schools provide administrative support for student groups
engaged in pro bono work. Some schools require students to fulfill
a specified number of pro bono service hours prior to graduation,
while others offer purely voluntary programs.
If your school doesn’t have a formal pro bono program, you
can learn how to become involved by meeting with your school’s
public interest law office or career services office. In addition,
these resources can help you:
ABA
Directory of Pro Bono Programs. The directory lists
more than 900 state, local, and specialty pro bono programs across
the country in a state-by-state format.
Directory
of Law School Public Interest and Pro Bono Programs.
This web site from the ABA Center for Pro Bono provides information
about law school pro bono programs and examples of student-run pro
bono projects that may be adapted at your school.
Public
Service Law Network Worldwide (PSLawNet). The web site
contains a database of more than 12,000 law-related public interest
organizations in the U.S. and around the world. It enables users
to perform customized searches for a variety of pro bono opportunities.
Local and state bar associations. Call your local
or state bar association and ask about volunteer legal opportunities
in the community. Most offices have staff members who can put you
in touch with projects that need student volunteers.
Local service providers. You can contact local
legal services and pro bono providers in your community about volunteering.
Many nonprofit organizations, whether or not they are legal-related,
have legal needs that law students can assist with.
Faculty and administration. Seek a sympathetic
faculty member to help you develop pro bono ideas. Consider organizing
students to lobby your dean and faculty to create a pro bono program
at your school.
Other resources. The ABA
Center for Pro Bono and other national organizations work with
law students and schools to promote pro bono at law schools and
in the legal profession. Equal
Justice Works and the National Association for Law Placement’s
(NALP) Public
Service Law Network Worldwide offer publications, conferences,
and other resources to help you learn more about pro bono. The ABA
Commission on the Renaissance of Idealism in the Legal Profession
has an online best practices guide to help lawyers and law students
find pro bono ideas that they can implement in a range of practice
areas and settings.
What practice areas mesh with pro bono?
The short answer: all of them. Whether you are interested in pursuing
a particular practice area or exploring a new one, pro bono work
offers hands-on experience involving a broad spectrum of substantive
areas and legal skills. Some examples:
Arts and entertainment. This area, which incorporates
aspects of business law, is ripe for pro bono work. For example,
a program at Washington University School of Law trains students
to help arts-related organizations with the nonprofit incorporation
process. Students counsel clients, get transactional work experience,
and network with local lawyers in private practice who perform pro
bono on behalf of nonprofit arts organizations.
Bankruptcy. Pro bono legal services are greatly
needed in this area. At Rutgers University School of Law in Camden,
N.J., for example, students interview clients and prepare bankruptcy
petitions while learning from their lawyer supervisors who, in turn,
are fulfilling their own pro bono obligation.
Business and real estate. Many legal services
and pro bono organizations seek law students and lawyers to provide
pro bono business law services. For example, students from several
Philadelphia-area law schools volunteer for LawWorks, the transactional
pro bono project of Philadelphia Volunteers for the Indigent Program.
Students are paired with volunteer lawyers to perform legal services
for organizations that serve low-income communities. The program
also offers valuable experience for students interested in real
estate law by assisting individuals who are seeking to obtain title
to their homes.
Criminal law. At many law schools, students interested
in criminal justice can volunteer for an Innocence Project, which
provides representation or investigative assistance to prisoners
who claim to be innocent of the crimes for which they were convicted.
There is now at least one Innocence Project serving each state.
For help on organizing an Innocence Project at your school, visit
www.innocenceproject.org.
Domestic relations. Numerous pro bono opportunities
are available in domestic relations law. At the University of Utah
College of Law, for example, students work with Salt Lake City’s
Legal Aid Society to help pro se litigants complete legal forms
related to divorce or custody actions. At Rutgers University School
of Law in Newark, N.J., law students educate plaintiffs on legal
procedures and safety planning. And at the University of South Carolina,
as part of the local Court Appointed Special Advocates (CASA) Project,
students are trained to appear in family court on behalf of children
in abuse and neglect cases.
Elder law (estate planning, medical malpractice, insurance,
landlord-tenant). The rapidly growing senior citizen population
creates many opportunities for law students to assist low-income
elderly individuals on a variety of legal matters. For example,
in an elder law program at the University of San Diego, students
research legal issues that affect the elderly in the areas listed
above, while gaining exposure to the litigation process.
Employment law. Students can provide assistance
to individuals who are appealing denials of unemployment compensation.
For example, students at Columbia Law School, working with a local
community organization, interview clients, research applicable law,
conduct direct and cross-examinations, and give closing statements
before an administrative law judge.
Immigration. There are many opportunities for
students to do pro bono immigration law work. An example is the
ABA-sponsored South Texas Pro Bono Asylum Representation Project
(ProBAR), which involves law students from across the country who
work during semester breaks. Students complete asylum applications,
develop supporting documentation and legal memoranda, prepare applicants
to testify at their hearings, and argue under attorney supervision
before the federal immigration court. For more information, visit
www.abanet.org/immigration/probono/probar.
Juvenile law. Approximately 60 law schools offer
Street Law programs, which train law students to teach law-related
courses in local schools, prisons, and juvenile justice and community
settings. The classes are designed to demystify the legal system,
inform juveniles and others of their legal rights and responsibilities,
and build critical-thinking and problem-solving skills.
Law student volunteers benefit from this experience because they
receive in-depth training in the substantive law of their jurisdiction,
develop oral advocacy and communication skills, and improve legal
writing and research by preparing legal memoranda on aspects of
the curriculum and researching answers to questions that arise in
the classroom. For information on how to implement a Street Law
program at your school, visit www.streetlaw.org.
Tax. Students at many law schools provide tax
return preparation assistance to low-income taxpayers through the
Volunteer Income Tax Assistance (VITA) program. The IRS offers law
students comprehensive training, materials, forms, and technical
assistance, as does the ABA Law Student Division. To get involved
with VITA, contact your school’s chapter or visit www.abanet.org/lsd/vita.
How can I fit pro bono into my schedule?
Making time to participate in pro bono is a challenge for both law
students and lawyers alike. Fortunately, pro bono opportunities
vary in length and in time commitment. They can be semester-long
or only a week or two in duration, and students can volunteer as
little as two hours a week. Some pro bono placements have to be
scheduled during the organization’s workday, while others
offer weekend and evening work.
The location of pro bono assignments varies as well. Some pro
bono work must be performed at an organization’s office or
elsewhere in the field, while other assignments can be done at the
law school library or even at home, at a time that works with your
schedule.
Some law schools with organized pro bono programs limit participation
to upper-class students. It’s fairly common for first-year
students to do pro bono work, but many prefer to wait until their
busy schedules have subsided a bit and they have completed enough
academic hours to meet their jurisdiction’s student practice
rules. This allows them to have more enhanced pro bono experiences
through the representation of clients in court or administrative
tribunals under the supervision of a licensed lawyer.
Each semester will bring challenges to making the time to participate
in pro bono. Whatever your circumstances, you should evaluate your
workload and your personal capacity. Exercise caution before making
a commitment so you do not shortchange yourself, the organization
you volunteer for, or your clients.
If you are graduating this semester and have been unable to find
time for pro bono, now may be the ideal time to get involved. Many
recent law graduates find the period following law school graduation
while waiting for bar results and searching for a job to be an excellent
time to do pro bono work. They not only gain practical legal experience
but can also use the opportunity to network with lawyers and establish
contacts in the community.
The more legal experience you obtain during your law school years,
the more you will be in a position to market yourself to prospective
employers. Participation in pro bono enables you to gain relevant
legal experience, explore a variety of career paths, and network
with practicing lawyers. While performing a much-needed community
service, you will enhance your professional development and ultimately
become a better lawyer.
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