Is pro bono an ethical duty?
by GEORGE KRAW Should California lawyers have an ethical obligation to donate 50 hours a year to pro bono activities or donate the cash equivalent of 50 times their usual hourly fee? These and other proposals are discussed in the State Bar’s Access to Justice Working Group report. Some legal aid advocates believe there should be an “aspirational” pro bono goal for every lawyer, similar to that contained in the ABA’s Model Rule of Professional Conduct. One option would require lawyers to report their pro bono activities to the State Bar annually. The report’s controversial proposals are made more urgent by funding shortfalls for legal aid and the continuing unmet needs of California’s poor. But many lawyers question the wisdom of conscripted service, arguing that ultimately it is the effectiveness rather than the number of hours contributed that is the most critical component for pro bono activities. And the experiences of other states show how divisive mandatory or coerced pro bono pro
