By Valerie A. Yarashus Lisa C. Goodheart Deborah M. Silva and Ilana B. Gelfman
In her recent proclamation of October as Pro Bono Month, Gov. Maura Healey noted that “[c]ountless Americans cannot afford the legal representation that they need to protect their lives, properties and natural liberties,” and that “[t]he American legal industry has the capacity, through pro bono work, to contribute specialized skills and expert knowledge to these vulnerable populations,” thereby “substantially enhanc[ing] the distribution of justice and equality in their communities.”
In light of the governor’s proclamation, we are writing in our capacities as leaders of the Access to Justice Commission (now celebrating its 20th anniversary) and the Supreme Judicial Court Standing Committee on Pro Bono Legal Services to encourage you to provide pro bono legal services to help the thousands of Massachusetts residents who cannot afford counsel for their essential legal needs.
The benefits of pro bono service are enormous, not only for the clients but for the attorneys who represent them and for our commonwealth as a whole. And if you haven’t previously been involved in pro bono work, there is no time like the present to get started!
There is a great need for volunteer attorneys in the commonwealth. While Massachusetts generously funds civil legal aid, that funding still falls far short of what would be necessary to provide a lawyer for every person who qualifies for assistance. Our legal aid organizations must turn away approximately 40 percent of the eligible applicants who seek their help. And that is without counting the many people who do not ask for assistance.
As a result, thousands of Massachusetts residents must navigate our complex legal system without counsel. In fiscal year 2024, over 150,000 cases across 22 case types involving litigants without lawyers were heard in the Massachusetts courts. Many of these cases can have life-altering impacts on the individuals and families involved, such as the loss of a home, or the loss of child custody, or a devastating financial judgment.
Lawyers who volunteer to represent these litigants without compensation play a critical role in narrowing the “justice gap” between the large number of people who cannot afford counsel and the limited number of legal aid lawyers available to assist them.
By offering their services for free to people who would otherwise lack representation, pro bono lawyers help these litigants assert their rights. And in doing so, these lawyers are truly acting “pro bono publico” — for the public good. They strengthen our communities by reducing the impacts of the economic and social disparities that threaten to divide us, helping to fulfill the American promise of “justice for all.”
Because the need is so great and the value of pro bono service so significant, Rule 6.1 of the Massachusetts Rules of Professional Conduct asks lawyers to “provide annually at least 25 hours of pro bono publico legal services for the benefit of persons of limited means.” The rule is aspirational, not mandatory, but it embodies a professional and moral obligation that all attorneys should strive to fulfill.
The reasons for providing pro bono services go far beyond obedience to a rule, however. For newer attorneys, pro bono work offers valuable opportunities to develop their professional skills, such as learning how to interview clients and earn their trust, build a case, and present arguments and evidence before a tribunal.
Pro bono service can also expose attorneys to new practice areas and connect them with new colleagues. And when more experienced attorneys undertake pro bono work, they serve as valuable role models and mentors for the next generation.
But for many attorneys, the most compelling reason to provide pro bono service is the sense of fulfillment that comes from extending a helping hand to another human being in need. For so many of us, we went to law school because we wanted to make a difference in the world, and pro bono service offers an extraordinary opportunity to make that difference.
And if you would like to hear some wonderful examples of what a difference pro bono service can make, please join us at the John Adams Courthouse on Oct. 28 at 4 p.m., when the SJC Pro Bono Committee bestows this year’s Adams Pro Bono Publico Awards and recognizes lawyers, law students and law firms who qualified for the Pro Bono Honor Roll.
So, if you’re interested but not yet engaged in pro bono service, how can you start? There are so many ways to get involved. Check out MassProBono.org, which offers a searchable online guide to pro bono opportunities across the commonwealth.
If you work for a firm or a company, ask if they have a pro bono committee or are engaged in any volunteer projects. Reach out to the pro bono coordinator at one of the legal aid organizations. Or contact your bar association. Many bar associations are actively engaged in sponsoring pro bono activities and connecting members with volunteer opportunities.
For example, the Massachusetts Bar Association manages a statewide online “lawyer for the day” program for Superior Court civil cases. And on Oct. 22, the Boston Bar Association will co-sponsor a pro bono fair with Suffolk University Law School.
There are many different types of pro bono opportunities, so you can find an activity that fits your schedule and circumstances.
If you have only limited time, you can still volunteer for a lawyer for the day program, a specialized clinic, or online assistance. If you are retired, consider joining the Access to Justice Fellows Program and volunteering with an approved legal services organization. You can even do pro bono work if you are inactive, or in-house counsel admitted in another state.
The important thing is to start doing pro bono work in whatever way works best for you. As tennis star and civil rights activist Arthur Ashe said, “Start where you are. Use what you have. Do what you can.”
Once you have started, we are confident that your commitment to pro bono service will grow into a lifelong passion.
Superior Court Judge Valerie A. Yarashus and Lisa C. Goodheart, a partner at Fitch Law Partners, are co-chairs of the Massachusetts Access to Justice Commission. Deborah M. Silva is the commission’s director. Ilana B. Gelfman, director of advocacy at Greater Boston Legal Services, is chair of the SJC Standing Committee on Pro Bono Legal Services.