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. 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 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. In exchange for this monopoly and role, it is argued, lawyers owe it to the public to provide legal services to those who cannot otherwise afford such services. Nor has there been any vast outpouring of free services by plumbers, electricians, accountants, engineers or architects. It has also been said that lawyers are obliged to render pro bono services because as officers of the court they have an obligation to ensure that our system of justice is fair, and that because of the complexity of the system it cannot be fair to those who cannot avail themselves of legal representation. The Preamble to the RPCs observes that lawyers as guardians of the law play a vital role in the preservation of society, and that the continued existence of a free and democratic society depends upon the recognition of the concept that justice is based upon the rule of law grounded in respect for the dignity of the individual.