Commentary: Lawyers should be required to give back

“Have-tos before want-tos.” That is a pretty common saying in my house.

My kids always want to do the fun things first—the activities that bring instant joy—before tackling homework, laundry or dishes.

I get it. But without tending to the “have-tos,” the foundation crumbles.

We fail ourselves and our communities. The same principle applies to our profession.

Many lawyers think about pro bono work as a “want to.” They really want to help the community, and they want to be able to report it to the Bar and they want to put it on their website.

But what if we reframed pro bono not as a “want to” but rather as a “have to,” because in reality, it is.

Why every lawyer should be required to give back

In an era where access to justice is largely determined by financial means, the importance of pro bono legal work has increased and will continue to increase.

For many low-income individuals, navigating the complexities of the legal system is overwhelming, if not impossible.

Despite its importance, pro bono work remains optional for most lawyers.

Many Bar associations strongly encourage it, but only a few jurisdictions throughout our nation have taken steps to require it.

 While mandating pro bono service would not only help bridge the justice gap, it would also reinforce the profession’s ethical duty to serve the public good. Few firms or associations have instituted a mandate on pro bono service.

Pro bono enriches the lives of the attorneys who serve and the firms they represent. Lawyers often report that these cases reinvigorate their sense of purpose, sharpen their legal skills and connect them with communities outside their usual practice areas.

At its core, the push for mandatory pro bono is about making the justice system more equitable. Justice, after all, should not depend on the size of one’s bank account.

By requiring lawyers to donate their time and expertise, society would be taking a bold step toward ensuring fairness for all.

Making pro bono a requirement

Law firms stand to gain by embedding pro bono into their culture.

A strong pro bono internal program can boost recruitment and enhance morale and retention, especially among young attorneys seeking meaning in their work.

We urge large and small firms to encourage pro bono work, support and reward it, counting pro bono hours as billable credit and recognizing those who take on these cases.

Attorneys who spent years in law school wanting to “make a difference” can find fulfillment in cases that they may not be getting in their day-to-day work.

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