Pro Bono Publico
By Dan Murdock, OBA General Counsel

It has long been argued that the comparatively minimal use of legal services by low and middle income persons has been due more to the inaccessibility of those services than to the lack of legal problems.

We lawyers are caretakers in one way or another. We are because that is what the Oklahoma Supreme Court tells the public we are by virtue of our education and training and because that is why we are hired by the client. But the role of caretaker does not end so quickly. In the Comments to the Preamble of the Oklahoma Rules of Professional Conduct, it is stated that "lawyers play a vital role in the preservation of society." The same document also tells us that "A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice." It says further that "a lawyer should be mindful of the fact that the poor cannot afford adequate legal assistance and should therefore devote professional time in their behalf."

The American Bar Association House of Delegates amended Model Rule 6.1 of the Rules of Professional Conduct in February 1993 and at that time stated in the Comments that every lawyer, regardless of professional prominence or professional work load, has a responsibility to provide legal services to those unable to pay. Model Rule 6.1, sets an aspirational standard of 50 pro bono hours per year. The Oklahoma version of Rule 6.1 did not adopt that specific language but, in part, states that "a lawyer should render public interest in legal service." This service can be accomplished by, inter alia, providing legal services at no fee or a reduced fee to persons of limited means or by providing financial support for organizations that do so.

Pro bono publico is defined as "in the public good; for the welfare of the whole."

The obligation of "preservation of society" and "special responsibility for the quality of justice" are heavy burdens and requires that we donate our time. However, too often we lawyers become immersed in too many flowery words and phrases. What is wrong with saying "we do it because it is the right thing to do?"

We don't need excuses. We need action. Please volunteer. IT IS THE RIGHT THING TO DO.