Legal services for the poor: Access, self-interest, and pro bono

Abstract

Purpose – Decreasing governmental support means access to legal services for the poor depends upon the interests of private actors controlling the needed resources. Law firms are a major source of resources for non-profit entities providing those services. This chapter examines the nature of that support.Design/methodology/approach – Law firms are guided by self-interest. How this influences their pro bono activities supporting legal services to the poor is explored through a case study of the legal services market in Cook County, IL and Chicago. It draws from: documentary research on over 50 private legal service providers in Cook County; interviews with 31 lawyers participating in the market for legal services in Cook County; and a focus group with 10 lawyers participating in that market.Findings – The interests driving law firm support for legal services do not match the demonstrated areas of greatest legal need or the stated purposes of the non-profit entities receiving that support. Instead, they reflect reasonable firm self-interest in such goals as lawyer training and marketing. Consequently, non-profit entities receiving support must accommodate those goals.Research limitations/implications – This study points to the need for more empirical research into the consequences of the privatization of legal services.Originality/value – Privatization means that some crucial legal needs will never be met, and this study provides an empirical context for the debate over “civil Gideon” – whether there should be a constitutional right to legal representation in civil matters akin to the constitutional right in criminal matters.

Citation

Daniels, S. and Martin, J. (2009), "Legal services for the poor: Access, self-interest, and pro bono", Sandefur, R.L. (Ed.) Access to Justice (Sociology of Crime, Law and Deviance, Vol. 12), Emerald Group Publishing Limited, Leeds, pp. 145-166. https://doi.org/10.1108/S1521-6136(2009)0000012010