The following points are intended to facilitate a discussion about access to justice and the lawyer's responsibility to improve the administration of justice.
Discuss the meaning of “access to justice.” What is the role of a lawyer in ensuring access to justice?
What happens when litigants attempt to access the justice system without the guidance of an attorney?
How do unrepresented pro se parties in the courtroom affect the efficient administration of justice?
Consider the reasons why it may be preferable for the new lawyer, when involved in a case, to have another lawyer on the other side rather than a pro se litigant. Share stories and experiences from practice where the opposing party was unrepresented by counsel.
Talk about how law firms often encourage pro bono work. Many firms have a pro bono policy allowing lawyer to devote a certain number of billable hours to pro bono work. If the new lawyer has not already done so, encourage him or her to find out whether this is an avenue to take on pro bono work at his or her law firm.
Encourage the new lawyer to explore pro bono opportunities available on the ABA website, http://www.abanet.org/legalservices/probono/volunteer.html, and the Illinois Pro Bono site, http://www.illinoisprobono.org/.
Explain that in taking on a pro bono case, the new lawyer may be able to limit the scope of representation in the matter through a process known as “unbundling” of legal services. Direct the lawyer to the ABA clearinghouse on unbundled legal services section for Illinois at http://www.abanet.org/legalservices/downloads/delivery/proseresourcebystate.html#il for guidance on how unbundling works.
If the new lawyer works in a public interest practice, talk about the issue of student loans and what impact repayment of these debts might have on the lawyer's long-term public interest commitment. Direct the lawyer to loan repayment program resources developed by the ABA at http://www.abanet.org/legalservices/sclaid/atjresourcecenter/lrapresources.html.
Explain that a lawyer's duty to render pro bono publico services encompasses not only the donation of time, but also a duty to contribute financially to organizations delivering services to those of limited means as defined under Illinois Supreme Court Rule 756(f). Discuss the annual disclosure rules as a part of the ARDC registration process, and suggest that the lawyer look to the Equal Justice Illinois campaign at http://www.equaljusticeillinois.org/ or other organizations as donation opportunities.