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Journal article
Ethics Revisited: Basic obligations and pro bono buyouts
Southern journal of business and ethics, Vol.11, pp.77-94
01/01/2019
Abstract
The history of various the oaths of Admission and rules of professional conduct, the changes in the legal profession, and the legal needs of a large portion of our society dictate that immediate changes should be made by members of the Bar in order to adequately provide legal services to those who lack access to justice. "10 In a speech to the American Bar Association (ABA), Chief Justice Warren Burger stated, "A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people and three things could destroy that confidence and do incalculable damage to society: that people come to believe that inefficiency and delay will drain even a just judgment of its value; that people who have long been exploited in the smaller transactions of daily life come to believe that courts cannot vindicate their legal rights from fraud and over-reaching; that people come to believe the law - in the larger sense - cannot fulfill its primary function to protect them and their families in their homes, at their work, and on the public streets. "16 Some states also note a specific obligation to act for the betterment of society, to improve the administration of justice, and to support professionalism among lawyers.17 Rules of Professional Responsibility Although the oath of admission in some states may not specifically mention an obligation to provide legal services to those without meaningful access to justice, all states encourage attorneys to provide voluntary pro bono services via the state rules of professional responsibility or professional conduct.18 Unlike some oaths of admission, however, the Rules of Professional Conduct merely encourage rather than mandate pro bono representation. The most recent report issued by the ABA's Standing Committee on Pro Bono and Public Service reported that almost 20% of attorneys provided at least 50 hours of pro bono service in 2016, providing an average of 36.9 hours of pro bono services.
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Details
- Title
- Ethics Revisited
- Publication Details
- Southern journal of business and ethics, Vol.11, pp.77-94
- Resource Type
- Journal article
- Publisher
- Southern Academy of Legal Studies in Business
- Copyright
- © Southern Academy of Legal Studies in Business 2019
- Identifiers
- 99380171555206600
- Academic Unit
- College of Arts, Social Sciences, and Humanities; Criminology, Criminal Justice, and Legal Studies
- Language
- English