Wisconsin Lawyer
Vol. 79, No. 3, March 2006

Pro Bono Efforts Improve Access to Justice

by D. Michael Guerin

"It is literally true that you can succeed best and quickest by helping others to succeed."
-Napoleon Hill, attorney and best-selling motivational writer

For lawyers, helping others to succeed oftentimes translates to helping others gain access to the justice system.

We all know that there is a great need for legal representation for low-income residents in Wisconsin. It is part of who we are as professionals that we share our expertise to help low-income people obtain access to justice. I want to share with you some of the outstanding things State Bar members are doing to provide legal assistance in our communities.

The State Bar's just released 2005 Pro Bono Survey suggests that volunteer lawyers are the largest single contributors serving the legal needs of Wisconsin residents who cannot afford a lawyer. Survey respondents reported spending a median of 70 hours each on pro bono service between September 2004 and September 2005 and a total of at least 219,826 hours of pro bono service for the same period. This included 191,157 hours of free or reduced fee legal services for people of limited incomes, charitable organizations, and organizations that serve the poor, and 28,669 hours spent on improving the legal system or the profession.

Respondents reported providing almost $12 million in free legal assistance and more than $6.6 million in reduced fee legal services to people of limited incomes and to community organizations that serve the poor. (In comparison, the federally funded Legal Services Corporation provides about $4 million.) The 2005 Pro Bono Survey is online at www.wisbar.org/2005ProBonoSurvey.

Along with this encouraging information provided by our members who participated in the Pro Bono Survey, I am pleased to report that the Wisconsin Supreme Court voted tentatively to reject the Ethics 2000 Commission's proposal for mandatory reporting of pro bono work in a revised Rule 6.1. Instead, the court voted unanimously to adopt ABA Model Rule 6.1 on pro bono, which does not contain a reporting requirement.

Clearly, State Bar members are making a significant contribution to improve access to justice in Wisconsin. Still, I am concerned that we do not have a clear picture of what legal needs are not being met. That is why I appointed the Access to Justice Study Committee, with the support of the Board of Governors and the supreme court, after the court granted the Wisconsin Trust Account Foundation petition for a $50 assessment on attorneys to supplement declining funding from other sources for legal services to the poor. The committee will oversee a telephone survey of Wisconsin residents and will use a variety of other data collection methods to learn what legal needs are not being met before presenting its final report and recommendations in December 2006. The committee's goal is to present the State Bar and government policy makers with accurate and credible information on the scope of the need and the gap between what is needed and what is available.

Your Board of Governors has committed the State Bar to doing more to support and encourage members to make a pro bono contribution that will increase public access to justice for all in Wisconsin. I personally believe it is appropriate that all of us periodically remind each other, and ourselves, how fortunate we are. Although our day-to-day lives sometimes can be a bit challenging, overall, we haven't got it bad. There are, however, a significant number of people who struggle daily, who really could benefit from our attention, consideration, and education. I join the Board of Governors in urging all Wisconsin lawyers to commit themselves to pro bono service, thus ensuring that "Expert Advisers. Serving You." is more than just a tag line.

Wisconsin Lawyer