This is a group project for a professional responsibility class. It deals with the delivery of legal services and the role of attorneys in society. And our teacher loves Disney movies, so we have a Disney theme.

1. Delivery of
Legal
Services
and the
The Role of
the Lawyer

2. The Delivery of
Legal Services
• Public service is an integral part
of the legal profession.
Rule 6.1 – Every lawyer
should aspire to render at
least 50 hours of pro bono
public legal services per year.

3. Who Receives
Pro Bono Services?
Rule 6.1(a)
• “Persons of limited means” or
• Charitable, religious, civic,
community, governmental, and
educational organizations in matters
that are designed to primarily
address the needs of persons of
limited means.

4. Pro Bono and
Reduced Rate Services
Rule 6.1(b)
• Individuals or organizations that protect
civil rights, civil liberties, or public rights
(when payment would significantly
deplete organization’s resources)
• Persons of limited means
• Organizations that help improve the
law, legal system, or profession

5. Not Just your Time…
Rule 6.1(b) Continued
• A lawyer should
voluntarily contribute
financial support to
organizations that
provide legal services
to persons of limited means

6. Types of Legal Services
Rule 6.1 Comment
• Legal advice
• Legislative lobbying
• Administrative rule-making
• Free training or mentoring to those who
represent persons of limited means

7. A) Family
B) Criminal
C) Small Claims
D) Personal Injury
E) Work with kids
F) Whatever family and friends need
What do you think?
What kind of pro bono work do
lawyers do?

8. Survey of Lawyers

9. What do you think?
How many pro bono hours per
month?
A) 0
B) Up to 3 hours
C) Between 3 and 5 hours
D) Between 5 and 10 hours
E) Between 10 and 15 hours
F) Between 15 and 20 hours
G) More than 20 hours

10. Survey of Lawyers

11. Hard Choices: Basic Facts about
the Legal Profession
• # Lawyers in US: 752k – 912k
• # Lawyers who regularly represent
lower SES clients in civil cases: 6,000
(less than 1%)
• Most US lawyers work in firms that
predominantly represent
institutions, not individuals

12. Affordability of
Legal Services
• 17% of US population (about 50
million people) are nominally
eligible for free legal services
– 80% to 90% of their legal needs are
unmet
• Next 30% (lower middle class or “unrich”) earn
$50k-60k a year.
– Can afford only basic legal services (ex. wills)
Almost 50% of Americans cannot afford
serious legal disputes.

13. Respondent’s Comment
The current pro bono system overlooks a large group that could
certainly use access to free or low cost legal services - the
middle class. For example, when they have a family member
involved in the criminal justice system, or feel they are being
treated illegally or "unfairly" at work, or have a disagreement
with the government over something like condemnation or a
tax appeal, or a dispute with their insurance company, they
often cannot afford attorneys and just give in or take whatever
is offered. Legal services generally cost too much for all except
the wealthy, large corporations, well-to-do small businesses,
and the government (which always seems able to hire lawyers).
So while the plight of the indigent is difficult and needs to be
addressed by the profession, there is an equally large group
that is also unable to afford legal representation and nothing
seems to be designed to help them.

14. Why is Legal Assistance
Unavailable?
• Incentives – the
nature of the market
–Student Loans
–Big Law $$$
• Monopoly of the law
–ABA’s intentional disregard of the problem
–Blue Ribbon Study (recommendation of
non-lawyer practice

15. Big Law Draw
Big Law salaries can exceed
$150,000 for first-year associates.

16. Big Law Draw
• As salaries increase, time spent on pro
bono work decreases.
• Many firms no longer credit pro bono
hours in calculating billable hours.
–So associates are less likely to do pro bono
work.
–See Cameron Stracher, Go Go Bono, The
American Lawyer 51 (December 2000)

17. What do you think?
What is the most common Barrier
to Performing
Pro Bono Work?
A) Too busy with work
B) No expertise in the field
C) Need more free time
D) Can’t pay associated costs
E) Not supported by the firm
F) Don’t think I should have to

18. Survey of Lawyers

19. Monopoly on the Law
• Restrictions on non-lawyer practice hurt the
public without protecting the profession’s
pocketbook (and prestige).
The un-rich in the US ordinarily cannot afford a
lawyer who will assist them, and it is hard to
fathom why the Bar so stubbornly insists that
because they cannot afford the sort of
“Mercedes-Benz” justice the Bar prefers, they
should be forbidden from at least riding in a
Chevy.
- Hard Choices

20. ABA’s Blue Ribbon Study
• Recommendation: Relax
restrictions on lay advocacy
BUT, the ABA refused to act on the
recommendation. Most states
aggressively enforce restrictions on
non-lawyer representation, even
where it is conceded that lawyers
will not step in to fill the
representational vacuum and that
non-lawyers can competently
address the problem.

21. In Re Arons
• Non-lawyer experts may not assist parents of
disabled children in due process hearings
under the Individuals with Disabilities
Education Act.
• This is even though the non-lawyer experts
were competent to handle the hearings and
no lawyers were available to provide help.
– In Re Arons, 756 A.2d 867 (Del. Sup. Ct. 2000)
– In Re Bachmann, 113 Bankr. 769 (S.D. Fla. 1990)

22. Hard Choices Recommendations
• Expand funding to Legal Services Corporation
• End lawyer monopoly on the provision of
routine legal services
• Implement mandatory
pro bono programs

23. Movie Time

24. The Many Roles
of A Lawyer
• The Preamble to the ABA Model Rules
states that a lawyer may fill a variety of
roles:
–Advisor
–Advocate
–Negotiator
–Evaluator
–Third-party Neutral, Mediator, Arbitrator

25. Advisor
• Rule 2.1 – Duty to exercise independent
professional judgment and render
candid advice.
• A lawyer may consider
– Law
– Morals
– Economics
– Social factors
– Political factors

26. Advisor
• Rule 2.1, Comment 5
–A lawyer is not required to give legal
advice until asked, however if the client
proposes a course of action that is likely to
result in substantial harm, the lawyer’s
duty under Rule 1.4 may require the
lawyer to give advice related to the matter.

27. Advocate
• A lawyer may zealously assert his/her
client’s position.
• Rule 3.1 – A lawyer shall not bring or defend
a proceeding that is frivolous, except in
criminal cases.
• Rule 3.1, Comment 1 – Use legal procedure
to the fullest benefit of your client’s cause,
but do not abuse the legal procedure.

28. Negotiator
• Rule 4.1 – In negotiating with others, do not
make false statements of material fact, or fail
to disclose a material fact when it is
necessary to avoid assisting a criminal or
fraudulent act by a client.
• Rule 4.1, Comment 1 – Not required to
inform the opposing party of relevant facts
that would undermine their client’s position.
• Rule 4.1, Comment 2 – Puffing is ok as long as
it is not a statement of material fact.

29. Negotiator
• The goal is to reach a deal that is beneficial to
your client while being honest in your
dealings with others.
– Examples: Settlements, Business Transactions,
Mergers

30. Evaluator
• Rule 2.3 (a)– A lawyer may provide an
evaluation of matters affecting the client and
provide a report for use by a third party, as
long as making the evaluation is compatible
with other aspects of the lawyer’s
relationship with the client.
• Rule 2.3(b) – If the lawyer knows or should
know that the evaluation is adverse to the
client’s interests, the lawyer should not
provide the evaluation without the client’s
informed consent.

31. Evaluator
• Rule 2.3, Comment 1 – Evaluate at the client’s
request or when impliedly authorized in
order to represent the client.
• Rule 2.3 Comment 2 – It is essential to
identify your client: Are you retained by the
person whose affairs are being examined or
by someone else?

32. Third-Party Neutrals
Arbitrators and Mediators
• Rule 2.4(a) – A lawyer has this role when
assisting non-client parties resolve a dispute.
• Rule 2.4(b) – A lawyer must inform the
parties that he is not representing them.
Explain to the parties that your role in this
situation is different than a representational
role.
• Rule 2.4, Comment 2 – Different codes of
ethics may apply.

33. • The following are societal roles and functions that an
attorney might fill. Please indicate how you perceive the
level of importance for these roles and functions.
– To advise clients of their legal rights and obligations
– To advocate for a client’s interests, whatever they are
– To advocate for justice or fairness, regardless of a
client’s interests
– To educate the public about legal matters
– To inform voters about the legal views of elected
officials
– To improve laws and the legal system
– To increase access to the legal system
– To expose unfairness, corruption, or legal wrongs
Survey of Lawyers

34. Survey of Lawyers
• Respondents were asked to classify the roles
–Not a role or function of an attorney
–Not important
–Somewhat not important
–Somewhat important
–Very important

35. Survey of Lawyers

36. Perceptions of
Lawyers on TV

37. The Big Law Bully

38. Destruction of Evidence

39. The Spiteful Prosecutor

40. The Ambulance Chaser

41. Despite portrayals of Lawyers in
some movies,
most attorneys
are good people.
Some Attorneys are really good
people who have done amazing
things…

42. end
slavery
Abraham
Lincoln

43. Ban the
use of DDT
William
Ruckelshaus

44. Mohandas
Gandhi
Lead a
country to
self-rule

45. Work to end
hate crimes
Morris
Dees

46. Bring medicine
and medical
care to poor
countries
Ellen t’ Hoen

47. What will You do?

48. Enjoy
the
show