Constitutional Law

Federal Judge Knocks Pro Bono Legal Work As 'Anti-Social'

 U.S. Court of Appeals for the Second Circuit Chief Judge Dennis Jacobs took aim at pro bono work during a Federalist Society gathering in Rochester, N.Y.

 According to the article in The Daily Record of Rochester:

Pro bono work primarily is an "antisocial" and self-serving activity lawyers use to develop their skills, firms use to recruit and "give solace" to associates, and nonprofits use to further a political agenda, Judge Jacobs argued.

In particular, litigation against the government and government officials and impact litigation are attempts to improperly expand the courts' reach in legislative matters, the judge said.

"No public good is good for everybody," Jacobs said.

He cited a 1975 case in which the Louisiana Wildlife Federation challenged a government levy project on Sicily Island. The project was stalled for 30 years, after which Hurricane Katrina struck and severely damaged the area.

"Unlike government lawyers, [pro bono attorneys] don't have to take responsibility for their wins and losses," Jacobs said. "Many of the public interest groups and pro bono [attorneys] honor each other, sometimes over and over again. "

The judge's former law firm, Simpson Thacher & Bartlett, was not immune. The judge recalled a gala dinner at which former New York City Mayor Ed Koch criticized the white-shoe firm's pro bono representation of a holdout tenant who became known as "the bird lady" thanks to her large and unhealthy collection of fowl.

Impact litigation often represents "a reciprocating motor of legal activism," Jacobs charged, citing Velasquez v. Legal Services Corp., which challenged a statute restricting federal grants to legal services groups.

Judges rarely criticize impact litigation because judges enjoy exerting power and influence, Judge Jacobs said.

"Courts love having large and important issues presented to them. ... We should show some self-restraint. "

 

 

Full post as published by ACS Blog on October 13, 2008 (boomark / email).