Law for The Poor

2434 FORDHAM LAW REVIEW
[Vol. 78
accessible through governmental programs, legal insurance, and nonlawyer
experts. 434 Our nation's private bar needs to become more active in the
struggle for policies that will make legal rights a reality for those who need
them most.
CONCLUSION
Economic recessions often reveal deeper difficulties as well as new
opportunities in the delivery of professional services. The current downturn
is no exception. Although its long-term implications are by no means clear,
the recession has highlighted both the fragility and flexibility of large-firm
pro bono programs. On the one hand, it has reinforced the lesson that a
system based on private charity is liable to suffer during times of economic
hardship. On the other, it has shown that those firms with the deepest
investments in pro bono programs may avoid the worst of the crisis and
even seize the opportunity to increase pro bono participation and support
for nonprofit organizations in times of greatest need. The challenge now is
to build upon current structures to protect recent gains, respond to economic
constraints, and enhance the effectiveness and accountability of
representation.
Toward this end, our study has aimed to highlight changes in the form
and function of pro bono work as it has become institutionalized and to
address its major challenges. This trend has had substantial benefits in
focusing firm attention and resources on access to justice. The rise of pro
bono counsel positions has produced a new constituency committed to
promoting public service. The result in terms of pro bono participation has
been impressive.
Yet the economic integration of pro bono service in large firms has not
come without costs. The focus on training, recruitment, and reputation has
shaped case selection in ways that often privilege professional over public
interests. Particularly in times of economic stress, the more that lawyers
see pro bono work in instrumental terms-what can charity do for
them--the more readily they may give it up when the personal benefits
seem less clear.
Yet, as we have documented, other forces are pushing in the opposite
direction. The urgency of social need and the personal satisfaction that
comes from meeting it will persist. For many lawyers, developing and
using their skills in the service of social justice is one of the most satisfying
aspects of professional life. These attorneys now have increasing support
within firms to translate their highest aspirations into daily practice. The
challenge now is to realize those aspirations by enlisting leaders of the pro
bono community in systematic efforts to improve the effectiveness of
434. See DEBORAH L. RHODE, ACCESS TO JUSTICE 74, 89 (2004); see also Earl Johnson,
Jr., Equal Access to Justice: Comparing Access to Justice in the United States and Other
Industrial Democracies, 24 FORDHAM INT'L L.J. 83 (2000).