Ethics Governance
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http://www.wsba.org/media/publications/barnews/ethics/may-99-ethics.htm Ethics And The Law: Ethical Obligation to Provide Pro Bono Service by Barrie Althoff, WSBA Chief Disciplinary Counsel. Opinions expressed herein are the author’s and are not official or unofficial WSBA positions. Lawyers have long willingly provided legal services to those in need, without any expectation of compensation, acknowledgment or reward. Committed lawyers look at pro bono service less as an obligation than as an opportunity to serve the public and bring access to justice to those otherwise unable to afford it. This article looks at whether lawyers have any obligation to provide pro bono services, the possible sources or rationale for such an obligation, and the possible means by which any such obligation may be met. Reasons Advanced For and Against Pro Bono Obligation Although generations of lawyers have given freely of their time and talents to provide pro bono legal services to those who cannot otherwise afford legal services, that history of committed public service does not of itself create an ethical obligation for other lawyers to do so, nor does it necessarily mean that it is possible for today’s lawyers to continue to provide such services. Various rationales are advanced for a lawyer’s obligation to provide pro bono services. It may be argued that society has given lawyers a monopoly in the practice of law, especially in courtroom representation, through unauthorized-practice-of-law legislation or court rules. It may also be argued that lawyers have in effect added to and profited from the increasing legal complexity of our society, in that many transactions cannot easily or safely be accomplished without competent legal assistance. Full Article: http://www.wsba.org/media/publications/barnews/ethics/may-99-ethics.htm |
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2006 Ethics-Governance.com |
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