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SkylarPolanskyFirstPaper 4 - 14 Apr 2012 - Main.EbenMoglen
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| | We play with words but the joke is on us. To reduce something so human into hours and percentages robs a meaningful experience of the emotional benefit it provides, and thus leaves one feeling hollow and empty inside. Pro Bono work is a band-aide; a mask on a skeleton. It exemplifies the disconnect between what is important (life) and what we are told should be important ($/hours). Perhaps by focusing on the emotions doing pro bono work makes attorneys and their clients feel, this area of law firms can be functional. | |
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You are entitled to restrict access to your paper if you want to. But we all derive immense benefit from reading one another's work, and I hope you won't feel the need unless the subject matter is personal and its disclosure would be harmful or undesirable.
To restrict access to your paper simply delete the "#" character on the next two lines: | > > | I think, Skyler, that
the route to improvement here lies mostly in the sharpening of arguments
and the anticipation of objections.
Large law firms have been over the last century pyramids that sell
hours. Every lawyer's license carries with it a responsibility to
serve the public, without fee or reward, some portion of the time.
Firms that buy up lawyers' licenses wholesale and sell the lawyers'
resulting hours retail want to put every hour that can be used out at
its highest value. Partners want their obligations to work for free
covered by other peoples' hours. They want their valuable associates
to use all their hours valuably. But they want their statistics to
look better than good enough, and they want people to feel that the
hours contributed to fee-less feels-good practice are recognized, but
not recognized—most of the time—enough for such an hour
ever to seem more valuable than hours producing monetary value for
the partners. (Labor market value, as you notice, in attracting
and—sometimes—retaining non-partner talent is also part
of the calculus). Achieving something like the right level of hours
at something like the right level of cost is a firm-within-a-firm
management problem.
If the lawyers doing the work were managed within the pro-bono
organization, that would be sufficient: the pro-bono firm within the
firm would have a budget, and would practice within the budget, much
as an external non-profit practice like mine works. But then it
wouldn't be providing emotional wonderfulness for everybody else. So
the management of the lawyers remains within the structure of the
hour-selling pyramid scheme, which destroys the effectiveness of the
pro-bono practice it is trying to foster. Rarely is the low-level of
bang for buck visible, however. Unless one has the perspective you
speak from.
These large firm pro-bono operations could also lend out lawyers to
external pro-bono organizations, of course. But that would mean
paying high salaries to workers sitting alongside people earning much
less for the same work under the management that is compelled to
underpay them. And even I would be against allowing the firms to
monetize their pro bono responsibilities by giving their ill-gotten
cash to practices like mine.
So you could approach the question from an economic, moral or
professional perspective and find new things to say that are more
helpful to your case than an anecdote from S&C or rhetorical
thwackings of associates' indifference to the "public radio pledge
drive" quality of some law firm pro bono promotions.
But you should also anticipate some more of the most obvious
objections. Your "what should we do instead?" answers are full of
blue skies and songbirds, but they don't exactly add up to a
platform. Not performing math to prove how virtuous they are will
never appeal to these guys and you know it. If you don't allow them
to keep public count of their mitzvahs, it's always going to be no
deal. And if it's all such a botch then why shouldn't we just
abolish pro bono requirements, and let the stupid virtuous lawyers
who want to give away their time do it after we've sold every last
hour we can wring from them, while we promote to partnership the ones
who never outgrew Ayn Rand? | | | |
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