Government lawyers making a difference: pro bono and public service.

• Author: Gleason, Patricia R.
• Position: Florida

The general counsel in the Office of the Attorney General describes some ways public employees are meeting the call for public service

When the Florida Supreme Court approved rules implementing a pro bono service program for attorneys in Florida, the particular needs and concerns of government lawyers were recognized.[1] Writing for the court, Justice Overton observed that there are "specific rules or regulations that prohibit many government lawyers from practicing law other than in the performance of their constitutional or statutory functions."[2] Government lawyers subject to such a statutory or regulatory prohibition against providing legal services to the poor were deferred from participation in the pro bono program.[3]

However, while statutory restrictions apply in a few instances,[4] most government lawyers are not barred from performing pro bono work. For example, the Attorney General's Office advised that while the public defender was prohibited by statute from providing pro bono services, assistant public defenders were authorized to provide pro bono legal assistance in civil matters, as long as such service was secondary to their duties and did not involve the practice of criminal law.[5]

Although most government attorneys are not prevented by law from performing pro bono work, a number of practical difficulties are often present. For example, Justice Overton observed that "limited availability of staff and lack of malpractice insurance"[6] can serve as obstacles for government lawyers. However, in what Justice Overton described as a "commendable effort," the Government Lawyer Section offered to develop vehicles by which government lawyers could provide legal services despite these concerns.[7]

Many of these efforts have permitted hundreds of government lawyers to provide many hours of legal services to the poor in their communities. A brief description of some of the initiatives developed to address the particular concerns of government lawyers follows:

When government lawyers are asked about pro bono service, many respond that they don't know whom to contact or what kind of programs are suited for their legal skills and background. For example, an attorney who spends most of his or her day reviewing contracts and grant proposals may be reluctant to participate in a program which requires extensive trial work. Others express concerns about malpractice insurance or staffing problems. The Pro Bono Source Book was developed to answer these questions.

The Source Book has been published in the Attorney General's Office since 1993 and is updated on an annual basis. Its purpose is to provide information on pro bono programs available across Florida. The first Source Book, printed in 1993, provided information about 47 programs in 23 counties. Each year, more...