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representation by the legal service providers in the state, attorneys are available to provide advice less than 10 percent of the time. Too often, indigent victims of domestic violence or families evicted from their homes simply do without. In civil cases, there is no obligation whatsoever
“When individual liberty hangs in the balance, a reasonably paid counsel is critical to the concept of open courts and due process of law.”
stunned. “Sir,” she said, “I’ve done my homework, I’m familiar with your real estate holdings and your stock portfolio, and I know you have assets well over $10 million dollars!” The American responded calmly, “You did not ask what I possessed. You asked what I was worth, and I measure my value by what I am able to give.” Peter Marshall, a Presbyte- rian minister acclaimed in the book A Man Called Peter, put it another
way: “After all, the measure of life is not about duration, but donation.” And so it is in the practice of law. As hard as it is to make a living these days, we can enrich our lives by “pleading the case for the poor and needy.”
Conclusion
That all men and women stand equal under the law, regardless of wealth, is fundamental to our country’s system
of justice. The judiciary must be free
to apply the law in accordance with
the state and federal constitutions and without regard to the financial status
of those who need our courts to settle disputes. I firmly believe that the vast majority of the bench and bar in this state, whether Republican, Democrat, or Independent, embrace the concept that justice is not reserved for the highest bidder. Even in the face of regrettably low compensation rates for appointed counsel in criminal cases, thousands of private attorneys continue to provide their services at reduced rates and on
a pro bono basis. The dedication of
our legal profession to the needs of all people who seek meaningful access to the courts is a tribute not only to Gideon but also to the integrity of the entire judicial system.
Gary Wade is a Justice of Tennessee Supreme Court.
to compensate lawyers for
their time—their “stock and
trade”—and nothing is on the horizon. Nevertheless, throughout our state’s his- tory, lawyers have freely given their time, and our courts are encouraging their efforts. Let’s call it a good start.
In 2009, the Tennessee Supreme Court formed a 10-member Access to Justice Commission in hopes of encouraging the lawyers of this state to offer their time and talent (and sometimes their treasure) on a pro bono basis. Since rolling out the initiative, the number of hours donated by Tennessee attorneys has more than doubled—from around 300,000 hours per year to almost 700,000 hours per year. More than 40 percent of Tennessee lawyers now report their participation
in the pro bono program. Those who do report do so on a voluntary basis. This past year, those attorneys who chose
to document their work indicated that they had donated an average of almost two full work weeks to clients unable to pay any fee. My guess is that attorneys perform twice as much pro bono work as is reported to the Commission.
In their Yale Law Journal article, Professors Bright and Sanneh put it suc- cinctly: “With [our] government-granted oligopoly on legal services, lawyers
have a responsibility to ensure that the criminal justice system has integrity
and works for the poorest and most powerless, just as for the most prosper-
8 Bright & Sanneh, supra note 7, at 2173.
ous and powerful.” I would add that
this responsibility extends to the civil justice system as well, the only difference being that those who perform pro bono services should have no expectation for payment. There are two good reasons for our attorneys to volunteer their services. First, we are lawyers, and only lawyers qualify to serve. So, if we don’t help, who can? Second, although the 20,000 or so lawyers in this state can never completely cover the needs of those 1.2 million Ten- nesseans who qualify for but cannot pay for legal services, those willing to donate time most often feel genuinely rewarded by the experience. In the end, an act of kindness offers far more satisfaction to the donor than to the recipient.
Let me illustrate with a story about a story. A few years ago, I had the oppor- tunity to hear a homily by George Carey, the Archbishop of Canterbury (pretty fancy company for a Sevier County Methodist, huh?). As I understand, Carey is the only commoner to have ever held the position of Archbishop. Anyway, he spoke of a wealthy Amer- ican entrepreneur who he had seen being interviewed on BBC television
in England. The interviewer posed a series of pointed questions before finally asking the American, “How much are you worth?” The American paused for a moment before answering, “About $10 million dollars.” The interviewer was
9 Please take a moment to visit the “Justice for All” website at www.justiceforalltn.com and familiarize yourself with the many opportunities listed there:
• Mediators and Mediation Centers – Help those who cannot afford a court trial by offering low cost or free mediation service.
• Street Law Programs – Start a program in your area to provide practical, hands-on education about law, democracy and philosophy to high school students so that they
can better understand the practical aspects of the legal system.
• Speakers Bureau – Offer to speak on open courts and access to justice to raise awareness to this issue.
• CASA of East Tennessee – Volunteer to serve as an advocate representing the best interests of a child in a court proceeding.
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