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As this message is
written, our fellow Americans along the Gulf Coast
and in New Orleans are still struggling to recover
from the most catastrophic natural disaster in the
history of our Country—Hurricane Katrina. The
death and devastation levied by this destructive storm
is unprecedented, and the long-range economic impact
is certain to be extremely detrimental.
All of us have observed
the heroics displayed by individuals and groups to
render assistance to the victims of the storm. The
rescues and sacrifices by many, the contribution of
millions of tons of supplies and the donation of millions
of dollars by individuals and corporate America have
been heartwarming.
However, there has been
another aspect to this storm and the recovery effort
which has been enlightening to Americans. Sometimes
through a natural disaster, there is revealed among
us a social disaster.
The continual flow of
pictures from New Orleans exposed the stark reality
of who is suffering the most, who was left behind
and who faces the most difficult challenge of recovery—the
poverty stricken. Certainly they were already vulnerable
before this natural calamity, but following its impact
they were totally helpless and neglected.
As a result of this
storm, we have learned that 28% of the populous of
New Orleans was below the poverty rate. Ironically,
we also find there are a total of 37 million Americans
stuck below the poverty level. It is even more shocking
that this is the fourth year in a row in which this
level has increased.
You might ask, why is
this natural tragedy and these horrifying statistics
significant to the legal profession. Certainly, lawyers
have suffered similarly in that over 7500 attorneys
and their families are displaced from their homes,
and many of them have no offices or courthouses in
which to practice. Also, lawyers have contributed
countless hours of service in shelters, donated many
thousands of dollars to charities, and given clothes
and supplies to the victims. Indeed, our Association
has assisted with recovery efforts through the American
Bar Association and through the cooperation of the
Louisiana State Bar and the Mississippi State Bar.
Unquestionably, these are commendable efforts.
But, we must look at
our response to the poverty stricken for the long
haul prior to this great calamity and into the future.
In doing so, I am reminded of a point made in an address
delivered by Federal District Judge Leon Holmes at
the luncheon following the May, 2005 Red Mass Ceremony
for Law Day. His topic was "On What it Means
to Be a Lawyer of Faith." Judge Holmes emphasized
that "Lawyers of Faith" are different in
seven ways. One of the chief traits in which a "Lawyer
of Faith" differs is that he must possess compassion,
not only for clients, but for all with whom a lawyer
deals.
As an Association, an
important part of our mission is to serve our community
at large. An article in the September, 1997 American
Bar Association Journal by President Jerome
J. Shestask recounted Rosco Pounds' definition of
professionalism as "pursuing a learned art as
a common calling in the spirit of public service."
President Shestask emphasized that one of the principal
elements of legal professionalism is pro bono service.
Such services should
be provided not only out of common decency for our
fellow man, but in response to our ethical obligation
to give back to society. If we fail to meet the crucial
needs of our society, we will assume a lesser role,
and we will be entitled to less respect as a result.
Recent surveys by the
American Bar Association reflect that 86% of the members
of our profession are proud to be attorneys, and 56%
of us feel like we are contributing to the greater
social good. Yet, in this time in which fingers of
blame are being pointed in all directions for a lack
of proper and timely response, perhaps, we need to
remind ourselves that a vast number of our citizens
are not being provided legal services, and many are
largely being denied access to the justice system
all together.
Despite our apparent
enthusiasm for the legal profession and our feelings
of involvement, an article by David C. Valdeck in
the Kansas Journal of Law & Public Policy
(October, 2000), entitled "Hard Choices: Thoughts
for New Lawyers" reveals that fewer than 1% of
our nation's lawyers regularly represent and provide
legal services to the poor. Also, as we have seen
in the past several years, the Legal Services Corporation,
which helps only a fraction of our eligible poor citizens,
has experienced decreases in funding.
Appropriately, Mike
Greco, the President of the American Bar Association,
is emphasizing the importance of providing legal representation
for those who have great needs, but limited resources.
He has appointed a commission to devise and help implement
strategies to encourage lawyers to provide pro bono
services to the poor. In his address to the Association
members, he has called for a "Civil Gideon"
right to civil representation for the poor in the
areas involving medical, shelter and family needs.
In addition to our efforts
to increase funding for legal services, both on the
state and federal level, the Arkansas Bar Association's
establishment of the Access to Justice Commission
is a great start, and the Commission is presently
considering various programs to help the poverty stricken.
One such idea is a new Rule 6.1 to mandate reporting
of pro bono legal services or alternatively allowing
contributions by the attorney to legal service support
organizations. However, it is not programs or policies
that are significant, rather it is each lawyer's individual
commitment to an idea of professionalism which dictates
that we give back to the less fortunate in our society.
Our observations of
the poor in New Orleans mired in misery after the
storm, prompted memories of Dr. Seuss' classic story
about the sanctuary of our life entitled "Horton
Hears a Who." In the story only Horton, an elephant,
is capable of hearing the cries of the Whos, a community
who was perched on a tiny dust ball. As those who
are deaf to the Whos continually call for the destruction
of the dust ball, Horton repeatedly reminds them that
"a person, is a person no matter how small."
The simple call to our profession is that we hear
the Whos—the poor and dispossessed whose cause
most of us are prone to ignore.
We often hear that a
crisis does not create character, it merely reveals
character. Hopefully, in this crisis the legal profession
will demonstrate its character by renewing its efforts
for the poverty stricken now and in the future. As
lawyers, we must insure that the law is, and always
will be, a true shelter from every type of storm.•
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