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This paper is not intended to be a policy argument suggesting that New York’s new 50 hour pro bono requirement is desirable legislation. I argue only that, if we accept consumer protection as a legitimate goal of the legal licensing regime, then pro bono work likely contributes to consumer protection (via attorney qualification) in much the same way that traditional lecture does. The three central benefits of my RCP experience likely apply generally to pro bono work, and they almost certainly helped to improve the quality of my legal scholarship. | |
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> > | This is a confusing argument. The requirement supposedly under
discussion is for pro bono work. Your arguments have nothing to do
with whether the work was compensated, but rather that you have
engaged in working with clients during the earliest phase of law
school, under supervision. The requirement is supposedly intended to
deal, not with the educational needs of law students, but with the
problem of underserved communities needing lawyers. On that, your
essay is silent.
Nor do you point out, which one might have expected, that the New
York requirement has no effect on you at all, because Columbia
already requires you to perform 100 hours of pro bono legal service,
under supervision, before graduation. You are therefore arguing,
with great solemnity but not much novelty, that there is educational
value in what we require more of.
Your first graf says that the educational effect of required pro bono
work "will contribute to legal expertise in ways very similar to the
traditional lecture method." In graf three, you "safely assert that
my pro bono work contributed to my legal expertise in different but
similar ways to traditional lecture," but you don't show either
differences or similarities, or explain why differences cropped up
between the grafs.
I don't understand this in graf four:
It would be a vast oversimplification to suggest
that, like most other pro bono projects, RCP benefits indigent
criminal offenders. RCP offers a unique perspective because it
allowed us to work with clients who had formerly interacted with
the criminal system, successfully completed their sentences, and
were now working to expunge their names. Most young attorneys
likely have not worked with criminal clients who have
successfully completed their sentences.
So what? I don't understand why the "vast oversimplification," even
comes up: who said something about indigent criminal defendants?
Most pro bono work is done for people who can't get lawyers, and in
the US, indigent criminal defendants are provided lawyers at public
expense. Why is the difference "vast" between working with criminal
offenders and working on purging the records of ex-offenders? Why is
filling in these particular forms for people "a unique perspective"?
I am mystified by the comment that "as a prospective client, I would
hope that my attorney had early experiences with clients so that she
approached her legal education having been informed of its practical
importance." Grammar aside, why the hell would you be thinking about
your lawyer's first year in law school, which has no relevance at all
to you, rather than your lawyer's subsequent experience and present
fitness for the work you need done? Do you really think that the
"practical importance" of client service escapes the working lawyer
unless she did some form-filling for clients in her first year?
Essentially, this feels to me like the pro bono activities report you
filed when you got back from spring vacation, with a paragraph at the
top saying you're going to talk about it in relation to something in
the news, and a conclusion saying you're not going to discuss the
issues raised by the news.
This is not a revision of your first essay, but rather a complete
substitution. So no self-editing has yet occurred. This draft
feels, as the first did, like a beginning requiring much work until
ready. The first decision is whether this about what you did on
spring vacation, about requiring pro bono service of law students
rather than providing civil legal assistance to the poor, or about
why live-client representation is educationally valuable for
first-year students. You can't make all three work in 1,000 words.
The first path, which the current draft
primarily treads, can be successful if you toss out the "activities
report" bureaucratic language and the uncritical tone. Is your
activity beneficial because there is an actual client, in some way
that a simulation would not be equally beneficial? Is it the editing
under supervision that is good for you, or some other aspect of the
workflow? Are you better off doing the extremely limited work your
actual development so far prepares you to do, with live clients your
mistakes may injure, or simulating more sophisticated work under the
supervision of teachers who can help you in a setting where there's
no actual client, whose interests professional ethics require them to
put before the educational value of your experience?
The second path requires you to ask why we don't give the poor real
lawyers, rather than law students, to serve their needs, and whether
requiring law students to perform pro bono service is really a way of
letting real lawyers off the hook.
The third path requires you to explain why doing something before
you're ready to do it is better than getting ready to do it, or why
(on Deweyite grounds, for example) there's no distinction between
doing something and learning effectively how to do it. I believe
strongly that people should be taught in law school how to be lawyers
when they leave. I don't believe, equally strongly, that having them
represent clients in their first year contributes at all to that
exercise. So I'd like to read a careful, thoughtful, powerful
argument about why my second belief is hampering my first.
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