Closing Argument: Thirty years as a pro bono lawyer

By Kimball R. Anderson
Winston & Strawn

This year marks my 30th year as a lawyer in private practice. It’s been a good ride. As a commercial trial lawyer, I have worked on some of the most challenging cases in the country. I have ­argued commercial cases before the U.S. Supreme Court and in many other distinguished venues. With apologies to ABC’s “Wide World of Sports,” I have tasted the thrill of victory and the agony of defeat.

Winning big commercial cases, however, pales in comparison to the satisfaction achieved from my involvement in pro bono cases.

Indeed, little that I have accomplished as a commercial trial lawyer compares with the professional and emotional satisfaction of helping exonerate a man who was wrongfully convicted; representing a homeless mother and daughter and enabling them to return to some normalcy; successfully arguing pro bono cases before the U.S. Supreme Court and Supreme Court of Illinois; winning a federal jury award in excess of $750,000 for an inmate in a civil rights case; and fighting for the ­vindication of persons wrongfully detained.

In one respect, little has changed since I ­became a lawyer in 1977. The way to get ­immediate experience in court and with clients was to take pro bono cases. Accordingly, I signed up to handle Federal Defender ­Program trials, Seventh Circuit appeals, and Illinois criminal appeals. Then judges and journalists started calling me with interesting cases. I gained experience, confidence, and a marketable resume. All of these opportunities remain today for young lawyers looking to do so the same.

Several things, however, have changed since 1977. For example, in 1977, no one ­expected to be compensated for pro bono work. No one asked: “How much credit will I get?” No one asked for their pro bono work to be treated as billable time or as eligiblity for bonuses.

We just did it because it was the right thing to do and because it was good way to get ­experience. After all, the Latin term “pro bono publico” means “for the public good or ­welfare.” Somehow the meaning of that
term, to me, lost its significance if, instead of ­donating my time, I was demanding a bonus on top of my already inflated salary of $20,000 (yes, that was the starting salary at Winston & Strawn, where I started my career in 1977 and where I remain today — although my salary has increased modestly).

Other things have changed as well. Large law firms did not have pro bono committees, pro bono policies, and public-interest law ­directors. The American Lawyer magazine, which did not exist then, was not rating pro bono programs like restaurant reviews.

The legal profession has come a long way since 1977. Most large law firms formed pro bono committees in the 1980s and adopted formal written pro bono policies.

Most large law firms today are members of the ABA Pro Bono Challenge. Many have hired full-time pro bono directors. Almost all firms give ­formal credit for pro bono work. Many large law firms devote tens of thousands of hours annually to pro bono ­matters.

Despite the remarkable commitment of the private bar to the pro bono cause, the vast ­majority of low-income Illinois households are unable to obtain basic access to justice.

According to the 2005 The Legal Aid Safety Net: A Report on the Legal Needs of Low-Income Illinoisans, low-income Illinoisans faced over 1.3 million civil legal problems in 2003, ­ranging from child custody disputes, to ­mortgage ­foreclosures, and to cases involving the ­physical and financial abuse of the elderly. The 2005 ­report found that low-income ­Illinois residents were able to obtain the ­assistance of any attorney in only one of every six legal problems they encountered.

Despite the ­efforts of public-interest ­organizations and the private bar in Illinois, a huge unmet need exists for legal assistance with civil matters. And, according to the ­social ­scientists, this lack of access to justice fosters employment discrimination, homelessness, child abuse, drug abuse, street ­violence, and many of the social ills that ­dominate the news headlines.

We know that we have many good judges who want to help the less fortunate and help address social ills. And, we know that these good judges cannot help unless we, the lawyers, bring the cases to the judges. My New Year’s resolution is to re-double my ­efforts to bring meritorious pro bono cases to our judges.

Our profession has a remarkable and proud record of fighting for access to justice on ­behalf of the less fortunate. Indeed, no other profession can claim such public service. But there is more for lawyers to do. As lawyers, we enjoy the privilege of providing access to justice and we bear the obligation of providing pro bono legal services to those who are otherwise unable to afford legal representation.

Perhaps your New Year’s resolution also will be to represent someone who cannot ­otherwise afford to hire you. The professional and emotional satisfaction will be priceless.