According to the report, only 2 percent of civil legal problems reported by low-income Americans were addressed with the assistance of pro bono attorneys. This means that most of the reported legal problems did not have adequate representation or in some cases had no legal assistance.6 The report also states that low-income Americans seek professional legal help for only 20 percent of their civil legal problems, and that legal aid organizations turn away more than half of the eligible people who seek their services due to insufficient resources. Furthermore, many low-income individuals sought no legal help of any kind for their legal problems either because they were unaware of available resources, did not think they needed it, or faced other barriers. This report highlights the urgent need for more funding and support for civil legal aid in the United States.7 

            According to the latest LSC Justice Gap Report, published in 2022, low-income Americans received inadequate or no legal help in 92 percent of civil legal problems, a slight increase from the previous report.8 This means that only 8% of the civil legal problems reported by low-income Americans received sufficient legal help.9 The report also found that 74 percent of low-income households experienced at least one civil legal problem in the past year, with approximately 39 percent of households facing 5 or more.10 These problems included critical issues that had a significant impact on households such as eviction, foreclosure, domestic violence, and child custody disputes.11 The report also reassesses the justice gap against the impact of COVID-19 on low-income Americans among other relevant topics, such as healthcare, education, income, and housing.12 According to the report, the number of unrepresented civil cases coupled with the unattainable cost of legal service is the greatest barrier to justice.

            The Administrative Office of the Courts for Maryland releases its own report which measures the status of pro bono involvement among Maryland Lawyers. In their most recent March 2023 report, the Court addresses pro bono activities for fiscal year 2021. The purpose of this report is to provide information on the pro bono activities of Maryland lawyers and reflects collected data from pro bono and IOLTA reports that lawyers are required to file annually. The report aims to measure the extent and impact of pro bono legal service in Maryland, identify the gaps and challenges in meeting the legal needs of low-income and vulnerable populations, and recognize the contributions and achievements of pro bono lawyers. The report also provides recommendations and best practices for enhancing pro bono participation and service delivery. Additionally, the report factors in geographical location, pro bono service by primary address location, and pro bono service by employment type and firm size in its assessment.13

            According to the latest report from the Maryland Administrative Office of the Courts14, the status of pro bono service among Maryland lawyers for the fiscal year 2021 is as follows:

• Among all 40,954 lawyers certified to practice law in Maryland, 16,956 (41.4%) reported some pro bono activity and they collectively provided 1,323,546 hours of pro bono service.
• Among the 26,959 attorneys who report practicing law full time and not being prohibited from providing pro bono service, 13,057 (48.4%) reported some pro bono activity and they collectively provided 1,002,661 hours of pro bono service.
• Among 15,733 lawyers with primary addresses in Maryland who report practicing law full time and not being prohibited from providing pro bono service, 49.4% provided some pro bono service and 21.1% met the aspirational goal of providing 50 or more hours of pro bono service across the categories outlined in Maryland Rule 19-306.1(b).
• A total of 6,147 lawyers (15.0%) reported making $6,184,396 in financial contributions to agencies that provide legal services to people of limited means.

While some Maryland attorneys met the aspirational goal as set forth in the Rule, a greater percentage of attorneys did not, with a significant number not providing any pro bono service at all. The report states that among all 40,954 lawyers certified to practice law in Maryland who submitted Pro Bono Service Reports, 23,998 did not report any pro bono activity. Therefore, the percentage of lawyers in Maryland who did not provide pro bono services in Maryland according to the report is approximately 58.6 percent. However, this percentage may not reflect the actual number of lawyers who did not provide any pro bono service, as some lawyers may have been prohibited by law from rendering pro bono service or may have provided pro bono service that was not captured by the reporting categories. The report also provides a breakdown of pro bono participation by region, county, and practice setting.15

Those attorneys who are reluctant to engage in pro bono work cite various reasons per

the report, including financial and time constraints, past negative experiences, lack of interest, experience, or resources and support, and personal and family related challenges.16 The report, in part, attempts to understand this lack of engagement in hopes of improving the overall number of attorneys who provide service.

 

The Client Perspective

            There is no question that clients fare significantly better when represented by an attorney in court. Due to their special knowledge, skill, and experience, attorneys are key in helping clients navigate the court system, protocols, and the law and legal procedures.  Clients who represent themselves are often seen as cumbersome, unknowledgeable, and disinterested in their court case and, as a result, may be treated unfairly and with bias by members of the court. These conscious or unconscious attitudes by the court can lead to improper assumptions about the client and the case and may ultimately lead to less successful outcomes for the client.

Unrepresented clients may have different reactions to being represented by an attorney, depending on their situation and expectations and it is incumbent upon the attorney to dispel any negative reactions expressed by the client. However, the most common sentiment is the feeling of relief. Clients who have a lawyer express their gratitude for the attorney’s knowledge and guidance. Knowing that their rights and interests are being considered and protected is paramount to clients who are represented in court.  Having an attorney by their side removes the burden of having to “go it alone” in representing themselves. However, some clients are wary of attorneys who provide pro bono services to them.

A common misconception is that attorneys who provide free or reduced fee services are not “good” attorneys and lack knowledge and expertise, leading clients to question the lawyer’s motives, competence, or loyalty. Consequently, they may be skeptical of the lawyer’s role and resist the lawyer’s recommendations and instructions.  While this is not the case in most situations, the lawyer must recognize these hesitations and falsehoods the client may believe, including any past negative experiences the client may have had with the legal system, all while reassuring the client regarding the law and the lawyer’s abilities to handle their case.  The lawyer should not suggest or imply that they are neutral, and they should try to dispel any confusion that the unrepresented person may have about the lawyer’s role in the case. The lawyer should talk to the person in a clear, respectful, and honest way, while making certain the client fully understands the scope, nature, and terms of the representation. The lawyer should also obtain the unrepresented person’s informed consent to the representation and honor their autonomy and dignity. By incorporating these approaches into the lawyer’s practice, the client will gain trust and confidence in the attorney and the legal system. The American Bar Association Model Rules of Professional Conduct, Rule 4.3 set forth the ethical and professional standards an attorney must follow when representing a pro bono client.17  The Maryland Rules for Professional Conduct and Responsibility can be found under Maryland Rule, Title 19, Chapter 300.18

Underserved litigants who approach the legal system with an attorney are generally extremely grateful for the experience. Their satisfaction comes from the quality of the attorney-client relationship, the outcome of their case, their perceived and actual fairness of the process, and the responsiveness and respectfulness of the attorney. Clients who have the benefit of attorney representation feel empowered to become engaged in their case and to be their own advocate toward obtaining justice when assisted by an attorney.

One such client expressed her satisfaction with her representation as follows:

“I got a call from Maryland Volunteer Lawyers Service (MVLS).  They had a match, an attorney for me. I will never forget that day. I got everything together and gave it to my attorney. We put it together and presented it in court. I won my alimony case. If it was not for my attorney I would not have been where I am today, through depression, anxiety and stress. I cannot thank my attorney enough for the efforts he put into my case.”

 

The Judicial Perspective

The judicial perspective on unrepresented litigants is that they pose a challenge for the courts as they may not be familiar with the legal procedures, rules, and terminology. The courts must balance the need to be fair and impartial and avoid bias while ensuring that unrepresented litigants have meaningful access to justice. Judges sitting in courts must have knowledge of the law as well as an understanding of people and how to adjudicate their cases with sensitivity.

It is well known that some judges view the non-represented litigant as problematic. Because of the high cost of litigation, clients are often forced to represent themselves in court much to the chagrin of judges, lawyers, and adversarial parties. Judges find pro se litigants to be unprepared on several levels, often causing delays on their docket, adding to increased administrative costs. As previously stated, pro se litigants are unfamiliar with the laws relative to their case and are often unsure of how to navigate legal and courtroom procedures.  As a result, they may encounter individuals associated with the court who act or rule through frustration and impatience, placing a pro se litigant in peril and hindering or preventing a successful outcome.

Scientific research has shown that implicit bias might also affect the work of judges, magistrates, and attorneys as well as other persons involved with the case. According to the American Psychological Association, implicit bias is defined as a negative attitude, of which one is not consciously aware, against a specific social group.19 Implicit bias is thought to be shaped by experience and based on such factors as race and/or gender, ethnicity, age, socioeconomic status, education, and sexual orientation. Implicit bias exists in all of us and is a normal reaction to people whose characteristics we deem different from ours. It is imperative that we confront our own biases, recognize the consequences they hold and combat those negative reactions by learning to replace them with non-prejudiced responses.

            Implicit bias is clearly inherent in our court systems and can affect the work and decisions of judges, magistrates, attorneys, jurors, parties, as well as other persons involved with a case. Cases involving family law matters are more susceptible to implicit biases, and these cases are often decided on assumptions and factors relating to negative implicit biases. Judges must try to combat bias in the courtroom to ensure a more just and equitable system.

One way courts may deal with unrepresented litigants is to be aware of their own biases and how they might influence their decisions. Many individuals act in response to their own personal stereotypes, prejudices, and beliefs rather than focusing on diverse contacts and perspectives regarding different groups and populations. Diversity, Equity, and Inclusion (DEI) training and education as well as developing specific guidelines and protocols on the subject are important in helping decision-makers avoid implicit bias in their decision-making and rulings.​20 Lastly, empathy and kindness coupled with ethical considerations goes a long way and should be considered and incorporated into the decision-making process when faced with pro se litigants.

The courts must also consider low-income individuals’ lack of access to the legal system when dealing with pro se litigants. During the Covid pandemic, the courts made great strides with their efforts toward technology and creating platforms for both clients and attorney to improve access to the court system. While their efforts are commendable, the self-represented person is often faced with additional obstacles which prohibit them from receiving fair access to justice even with these accommodations. The lack of broadband access and web-based conference platforms combined with the lack of computer and phone access and income to afford these services creates a digital divide for many clients, hindering participation in their own court cases. It is imperative that the courts and various stakeholders consider and address these issues to ensure fair justice for all.21

 

The Lawyer’s Perspective

Pro bono work is not only a professional obligation, but also a moral duty for lawyers.

Pro bono work is a rewarding and meaningful way for lawyers to use their skills and knowledge to serve the public good. By providing pro bono legal services, lawyers can improve access to justice for all and contribute to a more just and equitable society.

The benefits of providing pro bono representation to low-income clients are substantial. For example, lawyers who engage in pro bono work often report a sense of fulfillment in helping the underserved client, while developing a sense of accomplishment through providing worthwhile and valuable services to both their clients and their communities through their legal knowledge and representation. Other attorneys report that knowing they are improving the lives of others who otherwise could not access or afford competent representation and thus places clients on equal footing with their counterparts is a key reason why they participate in pro bono activities. They are provided with opportunities to undertake work for which they have a passion, while gaining practical experience and developing new perspectives through interactions with individuals from diverse backgrounds and populations. Pro bono attorneys are also able to gain unparalleled experience through their exposure to different types of legal issues while enhancing and expanding their legal practice and building their reputation. In some non-profit and public interest programs, attorneys receive monetary compensation for their services. Through their pro bono work, attorneys are provided the opportunity to collaborate and mentor with other lawyers throughout all stages of their careers, community partners, and legal firms and organizations who also support and participate in pro bono activities and initiatives.

Lawyers often express their dedication and commitment to providing pro bono services to the underserved. Some of their responses are set forth below:22

• “The primary benefit of volunteering is improving the lives of others. We as attorneys develop a sense of accomplishment by providing a worthwhile and valuable service to our community.”
• “It’s important to use my legal knowledge and skills to minimize the potentially harmful impact that the legal system can have on those who encounter it. Pro bono is a way of doing just that because it helps those who are the most vulnerable.”
• “Volunteering has helped me to understand a new area of the law, while doing good for society and by making the legal system better by participating in providing pro bono services to needy clients.”
• “There is no greater satisfaction than helping someone who truly needs you. If you are not helping people who could not otherwise afford your services, you are wasting your talents and you are wasting your gift.”

The benefits of providing pro bono services are vast.  Pro bono service is deeply rewarding and can improve not only the client’s access to justice and successful outcome in court, but better the legal system while strengthening connection to community and overall society. 

 

Conclusion

While representing pro bono matters can be complex and often challenging, they are the most rewarding. Low-income clients who are facing civil matters that have the capacity to significantly impact their lives require competent and empathic attorneys to help these most vulnerable individuals navigate the legal system often during a very emotional and uncertain time in their lives. In this regard, the importance of pro bono services cannot be overstated. Volunteer legal work significantly bridges the justice gap, providing legal services to those most in need. Pro bono attorneys have the opportunity through their special skills, knowledge, and service to secure access to justice for low-income individuals and to uphold fairness and equality in the legal system, leveling the playing field for those individuals who face challenges and barriers when seeking competent legal services.

Furthermore, implicit bias and racial inequality must be addressed before true justice reform can take place for marginalized communities. Lawyers who represent low-income clients must be attuned to the challenges and barriers that these clients face within their communities and when before the court. Lawyers must be mindful of their professional responsibility to avoid discrimination and uphold the highest ethical standards in their practice of law. Stakeholders must examine the implicit racial bias of the jurist who hears cases and renders rulings, the role of alternative dispute resolution in family law cases, and whether virtual hearings afford minority communities better access to justice.23

 

 

Biography