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Access To Justice Commission Update

“Demand for Pro Bono Higher Than Ever”
By: Benet Magnuson

The State Bar’s pro bono survey revealed only 52 percent of Texas lawyers provided any free legal services to the poor in 2009, the lowest level of pro bono participation in the history of the survey. Following the crash of IOLTA funding for legal aid programs, this fall in pro bono services is another sign of how the economic recession is making it increasingly difficult for poor Texans to access justice.

The Texas Disciplinary Rules of Professional Conduct urge every lawyer to meet the obligation to the poor, declaring that “the provision of free legal services to those unable to pay reasonable fees is a moral obligation of each lawyer.” The State Bar has set this aspiration at 50 or more hours of pro bono service each year. According to the pro bono survey, only a quarter of Texas Lawyers met this aspirational standard in 2009.

Although fewer attorneys provided free legal services to the poor, those Texas lawyers who continued to give in 2009 gave more than ever. Among those Texas lawyers who provided free legal services to the poor in 2009, the average contribution was 58 hours, an all-time high. It is as they say: When the going gets tough, the tough Texas lawyer gets going.

For the nearly one million Texas families living in poverty, access to a lawyer can mean the difference between housing and homelessness, between food and hopelessness. Legal aid offices in Texas, however, are forced to turn away half of the eligible clients who come to their doors. In this difficult economic time, pro bono services are urgently needed to help bridge this justice gap.

If you would like to volunteer your legal services to the poor, there are resources to help you get involved. Many communities in Texas have pro bono programs to assist attorneys in finding clients who need their services; contact information for these programs can be found at www.texaslawyershelp.org/volunteer. For further assistance in finding pro bono opportunities, you can contact the Texas Lawyers Care department of the State Bar at (800) 204-2222 ext. 1855. Your pro bono service with the approved programs will be covered by the organizations’ malpractice coverage.

October 24 through 30 this year is Texas Pro Bono Week, a time to celebrate the contributions that pro bono attorneys in Texas make to improve access to justice. If you would like to participate in the celebratory events, or would like to organize an event, please contact Texas Lawyers Care or your local legal aid office. Event planning resources are available at www.celebrateprobono.org.