Protecting Pro Bono Legal Services Is Crucial for All Americans

Funding cuts, political attacks, and a shrinking pipeline of public-interest lawyers are posing serious threats to pro bono and low-cost legal services, a crucial part of our legal system.

The provision of pro bono and public interest services by law firms and lawyers is under strain. Large corporate law firms that have historically stepped in to provide pro bono services have been punished by the Trump administration—a sharp deviation from the longstanding principle that legal representation doesn’t constitute endorsement. Some firms have curtailed important public service work out of fear that they will be targeted, leaving those in need to fend for themselves.

In June, the White House proposed eliminating the Legal Services Corporation, a nonprofit organization that helps provide critical legal services for low-income Americans through a network of 130 nonprofit legal aid programs. This was just one proposed closure amid a flurry of government layoffs and attempted agency shutdowns—but such an action would be devastating for millions of people relying on LCS support to access lifesaving benefits, escape domestic abusers, start small businesses, access health care, protect their children, and stay in their homes.

Thankfully, the LSC appears likely to survive (for now), with the Senate Appropriations Committee voting in July to increase its budget to $566 million (though that’s less than the $2.1 billion the agency requested). But this one small battle in a larger war against pro bono, public interest, and low-cost legal services demonstrates what’s at stake in a fight that could undermine the health of communities across the country.

Across the US, we already see a shortage of lawyers where they are needed most. The National Center for State Courts and others estimate that 80% of defendants in criminal cases struggle to afford a lawyer, 92% of low-income individuals lack access to adequate legal help in civil cases, and more than half of the rural counties in the US are considered legal deserts where few lawyers live and work. The lack of legal services not only harms hardworking people, but also hampers local law enforcement and the court system while increasing spending on public services.

As the leaders of the Association of American Law Schools, we know the vital role law schools play in assisting those who can’t afford a lawyer. Many schools have created rural justice initiatives, small business programs, and nonprofit organization support groups. Most schools host live-client clinics where students learn to be a lawyer while under the supervision of a practicing attorney. Many law schools also have extensive pro bono and externship programs that support legal aid, nonprofit, and other public interest law firms. In some areas, the local law school may be the largest provider of free legal services to the poor.

Last year, AALS surveyed 82 of the nation’s law schools and determined that they provided more than 4.7 million hours of free legal services. Estimates of the total contributions of the nation’s more than 200 law schools are much higher. And yet, all agree that more needs to be done.

We need to encourage law firms, lawyers, and law students to do more, not less. And we need to end the disturbing condemnation of lawyers simply because they represent clients that some may not like. Stopping the harmful rhetoric is critical, but so is increasing funding where needed most, furthering a culture of lawyer volunteerism, supporting law firms that step up to provide po bono representation, and looking for innovative ways to improve access and reduce gaps in legal services.

We applaud the Senate Appropriations Committee’s vote to increase funding for the Legal Services Corporation after attempts to end the program. We applaud the many advancements made by law schools that have expanded the support of free legal services for the low-income and the poor. We praise those lawyers and firms who provide pro bono legal services for those most in need. We join the many bar associations, state courts, and others that remind us of the harm, both economically and to our society, that occurs if legal assistance isn’t readily available.

If we fail to protect and strengthen how public interest legal work is provided, Americans from all backgrounds will pay the price.

This article does not necessarily reflect the opinion of Bloomberg Industry Group, Inc., the publisher of Bloomberg Law, Bloomberg Tax, and Bloomberg Government, or its owners.

Author Information

Kellye Testy is executive director and chief executive officer of the Association of American Law Schools, a non-profit association consisting of over 190 US law schools.

Austen Parrish is president of the Association of American Law Schools and the current dean and chancellor’s professor of law at the University of California, Irvine School of Law.

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