Originally posted on 10/1/2019 (reformatted).

“We educated, privileged lawyers have a professional and moral duty to represent the underrepresented in our society, 
to ensure that justice exists for all, both legal and economic justice.” 

Associate U.S. Supreme Court Justice Sonia Sotomayor (November 2002)

Despite the best efforts of civil legal aid programs, the vast majority of civil legal needs go unmet. The shortfall between the volume of civil legal needs of low-income individuals and the resources available to them to meet those needs is called the Justice Gap. Last year, the Legal Service Corporation (LSC) conducted an extensive, nation-wide survey of the Justice Gap (the first study of its kind in twenty-three years). LSC’s extensive report boiled down to three main conclusions:

1. The volume of civil legal needs amongst low-income Americans is enormous; 
2. Most of those needs receive no or inadequate assistance; and 
3. The consequences of not receiving legal assistance in addressing civil legal needs can have a severe impact of people’s safety, their family stability, their housing, and their health. 

    For every 10,282 people in Michigan who qualify for legal aid, there is only one civil legal aid attorney available to provide direct representation. To put that in perspective, that is like having the entire crowd at Michigan Stadium having access to the number of Michigan football players on the field during a single play.  In contrast, there is one Michigan lawyer for every 276 Michigan residents in the general population. 

            Pro bono is short for Pro bono publico, which literally translates to “for the public good.” Members of the the State Bar of Michigan Young Lawyers Section already do a great deal of contributing to the public good. But we can do more, and we have a responsibility to do so.  Our responsibility as lawyers to contribute to advancing access to justice is laid out in the Lawyer’s Oath we all swore to become members of the bar. It says, in part, “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any cause for lucre or malice.” 

Michigan Rule of Professional Conduct 6.1 reinforces that responsibility:

    A lawyer should render public interest legal service. A lawyer may discharge this responsibility by providing professional services             at no fee or a reduced fee to persons of limited means, or to public service or charitable groups or organizations. A lawyer may also discharge this responsibility by service in activities for improving the law, the legal system, or the legal profession, and by financial support for organizations that provide legal services to persons of limited means.

    Ensuring access to justice is an important part of eliminating poverty. Lawyers are in a unique position to advocate for those struggling for such access. We are problem-solvers. We are efficiency experts. We can distill complex regulations, statutes, case law, and facts to simple and persuasive arguments. We know the system. We have connections. And people listen to us (sometimes). 

There are many ways that you, too, can contribute. From serving on the OCBA Pro Bono Committee, to handling an expungement hearing, or providing full representation in divorce case to a victim of domestic violence—the time commitment for pro bono work can be as little or as much as you want. 

Don’t worry about any perceived gap in your substantive knowledge or technical skill set. Whether you are a new attorney just starting out or a narrowly focused complex commercial litigator, there are opportunities to contribute. Thank you for all that you do in upholding the ideals of our justice system. Together we can narrow the Justice Gap even further, and perhaps one day, eliminate it.

Laura Kubit

Legal Services of Eastern Michigan