George Clarke on the Importance of Pro Bono Work

My pro bono experiences have been an indispensable part of making me the lawyer I am today. As an example of the pro bono work that I have undertaken, since 2005, I have represented four men imprisoned by the United States in Guantanamo Bay. Two of those men, Muslims from the Western part of China known as Uyghurs, have been imprisoned in Guantanamo for years, even though the United States long ago determined that they had not engaged in any wrong-doing and were not otherwise enemies of our country. Although each of the Guantanamo cases is different, they, like all other pro bono cases a lawyer can take, are infinitely rewarding on a variety of levels.

First, pro bono representation allows a lawyer to help society as well as the client. While many of us have “day jobs” and paying clients that we happily and whole-heartedly defend on a variety of issues that matter to the client, rarely does a lawyer have an impact on society. Pro bono work is different. By taking a case, you not only help the client with a matter of importance to them, you become part of something bigger. Regardless of the cause, by taking a pro bono representation, you are participating in an act - defense of a defenseless client - that is necessary for a fair, free, and just society to function.

Second, pro bono representation often allows lawyers to step outside themselves and become part of a broader movement for change. While the client’s interests - as in all representations - come first, in pro bono representation there is more likely to be a greater issue at stake than simply your client’s matter. For instance, whereas most of the cases I deal with on a day-to-day basis, even if they result in a published opinion, have limited relevance to others (because the facts are often so specific to the client), pro bono representation much more often involves a key or fundamental question of law that - if resolved in your client’s favor - impacts hundreds if not thousands of other individuals in a very favorable way. One ruling in a Guantanamo prisoner case affects the whole. One change in administration behavior towards the Guantanamo prisoners is a change for all prisoners. Whether this comes as matter of litigation, lobbying, or otherwise, it is a way that pro bono representations can be more meaningful and fulfilling than other representations.

Finally, a lawyer participating in pro bono work can often experience a breadth of learning and of training that simply cannot be gained in billable work. In my own situation this has involved working on interesting and difficult matters of Constitutional and international law that I simply would not have had the chance to experience in my normal areas of practice -- tax and white collar. It can also allow a more junior lawyer to have a “first chair” experience on a matter of major importance much earlier than is typically possible in billable work.

I encourage others to get involved in a pro bono representation in an area of interest. It will make a difference in the client’s life, as well as your own.

George Clarke
Member
Tax and White Collar Practices