The Importance of Pro Bono Work
For decades, “Big Law” has played a crucial role in providing pro bono legal services to those who cannot afford them. This commitment to providing gratis legal representation has helped address critical needs in areas such as racial justice, housing security, and support for marginalized communities. Recent trends and actions, however, including an executive order that inaccurately characterizes law firm pro bono as “harmful,” pose a direct threat to pro bono work, and subsequently, could place access to justice further out of reach for underserved communities.
The Importance of Pro Bono Work
Pro bono, as the Latin term from which it derives suggests, is for the public good. In other words, the free legal services offered to low-income individuals who cannot afford to hire an attorney are essential to ensuring access to justice. While the justice system should be fair and accessible to everyone, regardless of their income or resources, the reality is that people who have to represent themselves because they cannot afford to hire an attorney are at a distinct disadvantage compared to those represented by counsel. The legal profession is unique in that it offers pro bono as one of a panoply of solutions to meet the yawning justice gap. Many states set annual aspirational goals for hours of pro bono service by every attorney, including Maryland that aspires to 50 hours annually. Pro bono helps to level the playing field, so that cases can be resolved with a more balanced process.
Law firms engage in a wide range of pro bono activities, including: housing security, racial justice, immigration, expungement, public benefits, and criminal justice reform.
The Role of Big Law
Major law firms, often referred to as “Big Law,” play a pivotal role in pro bono work. Their resources, institutional support and infrastructure assist under-resourced civil legal aid organizations to take on complex cases against large government or institutional actors that can bring about systemic change, while also involving their firm attorneys in individual representation.
Firms frequently set aspirational pro bono standards, such as those outlined in The Pro Bono Institute (PBI)’s Law Firm Pro Bono Challenge, and track their performance, contributing millions of hours annually to these efforts.
PBI’s 2023 Report on the Law Firm Pro Bono Challenge Initiative examined the 2022 pro bono performance of law firms that are signatories to the Law Firm Pro Bono Challenge statement. In 2022, 124 firms reported a total of 4,950,520 pro bono hours, an increase from 2021. Participating firms devoted nearly 3.5 million pro bono hours to those of limited means and related organizations.
Jenner & Block is one example of a “Big Law” firm dedicated to providing pro bono services. The firm’s history of pro bono work dates back to the 1950s, and in 2021, it announced a five-year commitment to providing $250 million in free legal assistance. In 2024, over 97% of their attorneys contributed more than 50 hours in pro bono services, for a total of 90,993 hours.
Threats to Pro Bono
Despite the obvious benefits of pro bono work, its future is in peril. Recently, pro bono work became the focus of political threats, as illustrated by a recent Executive Order targeting Jenner & Block. The Order explicitly cites the firm’s pro bono work as a reason for concern, claiming that it supports “destructive causes” and undermines American interests. It also accuses the firm of “partisan representations,” “attacks against women and children,” and hindering efforts to prevent illegal immigration and drug trafficking.
These political attacks create a chilling effect on pro bono work. Law firms may become hesitant to take on certain cases or represent certain clients for fear of reprisal. This could lead to a decline in the availability of pro bono services, especially in critical areas such as civil rights, environmental justice, and legal aid for immigrants. The executive order’s attempt to portray legitimate pro bono activities as “destructive” and “harmful” could deter firms from engaging in work that is essential to upholding justice and protecting vulnerable communities.
Moreover, even before the Executive Order, funding for legal aid began to diminish and pro bono work was on the decline, despite the critical need for pro bono services. The 2023 PBI report revealed a concerning trend: while total pro bono hours increased in 2022, attorney participation rates and average pro bono hours per attorney decreased. This suggests that the increase in total hours is largely attributable to a greater number of lawyers at reporting firms, rather than increased engagement.
Pro bono work is a vital part of the legal profession’s commitment to public service, as it helps enable those who cannot afford legal representation to seek justice in our legal system. The future of pro bono is in jeopardy, however, and political attacks, federal funding cuts to civil legal aid, and decreasing attorney participation in pro bono work, create a perfect storm that will have a devastating impact on providing legal services to low-income and needy Americans who otherwise are denied justice.