Access to Justice Is Part of ‘Thinking Like a Lawyer’
January 1, 2016 I Tennessee Bar Journal I William L. Harbison
This issue of the Tennessee Bar Journal is dedicated to Access to Justice. This is a broad topic, and one that has been singled out by our Tennessee Supreme Court as one of the most important objectives of our legal system. As I have attended bar functions around the country, it is clear to me that our state is a true leader in finding new and innovative approaches to making our courts and legal system available to all citizens, regardless of their means and positions in life. The TBA, as one of the best keepers of our ideals, has been and is deeply involved in improving access to justice throughout the state.
I remember my initial orientation meeting when I went to law school. There was none of the hackneyed “Look to your right, and look to your left. One of you will not still be here after this year.” No real “Paper Chase” intimidation. Instead, my law school dean spoke about keeping a balance in life. When he said to keep reading books other than our legal studies while we attended law school, his message resonated with me, as an English major in undergraduate school. I believe his advice was about remembering where we came from, even as we learned to “think like a lawyer.” About remembering our humanity.
There is no better way to remember our humanity than to keep our ideals alive. I have done some small research about legal pro bono work and pro bono efforts in the past. Some writers have commented that lawyers have historically provided free legal services out of a sense of noblesse oblige. I am not personally comfortable with this description of pro bono work. I believe that the desire to help others, our innate sense of compassion, is a better explanation for why lawyers want to improve our system of justice. Others point out that public interest lawyers, government lawyers and lawyers dedicated to particular “causes” have provided different models for the provision of services to indigent and disadvantaged people. Both the Nashville Bar Association and the Tennessee Bar Association have adopted a Lawyer’s Creed of Professionalism that includes the statement: “The law is a learned profession and I am committed to its goals of devotion to public service and improvement of the administration of justice.” It goes on to say: “I will contribute my talents, time, resources and civic influence on behalf of those persons who cannot afford adequate legal assistance and those organizations which serve the public good.” I?am sure that other associations have similar stated goals. All of these thoughts are now so instilled in our legal culture that they are part of “thinking like a lawyer.”
No doubt, there are many ways in which lawyers help to improve our justice system. I believe it happens every day when lawyers solve problems, settle cases, and help clients with difficult problems that require a lawyer’s skill and learning. The TBA is dedicated to the cause of access to justice. At the same time, our association is, and has always been, dedicated to improving the climate in which lawyers practice and to helping to provide better opportunities to lawyers to make a good living and to thrive while working within our profession. We oppose “mandatory” pro bono service, believing that nothing is really “pro bono” if it is required by some rule or regulation. I hope that this issue of the Tennessee Bar Journal helps to inspire all of us to remember our ideals. They are such a vital part of who we are as a profession.
