The Pro Bono Oath

When the Wisconsin Supreme Court declined in February to grant the Civil Gideon petition and its proposed requirement that legal counsel be appointed for impoverished civil litigants, it instead noted a familiar fallback solution: pro bono initiatives. When Congress decided in 2011 to drastically cut funding for the Legal Services Corporation, which funds legal services providers such as Legal Action of Wisconsin, the message was similar: lawyers should do more pro bono.

When it comes to the issue of poor people and their legal problems, passing the buck to lawyers in private practice is par for the course. Those who have the greatest ability to affect the problem and acknowledge it as a societal issue always give it back to the lawyers.

So much for venting.

The fact is, more lawyers should do pro bono, and not because those with the money and power shift the attention to the profession. Lawyers should be involved in pro bono because we took an oath that said we would; because we are ethically obliged “to provide legal services to those unable to pay;” because with very few exceptions, no one else can represent the unrepresented poor; because the problem is overwhelming; because it is the right thing to do.

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People Who Have Shaped the Teaching Careers of Our Faculty—Part 4

The editors of the blog asked several law school faculty to write about the people who have been the most formative figures in their careers as legal educators. This fourth submission in the series is by Professor Chad M. Oldfather.

The path I took to law school was direct in the sense that I went right from college. But in more important senses it was as indirect as could be. Growing up as (what for the sake of simplicity we’ll call) a farm kid I knew no lawyers, and nothing of the world of business. “Work,” as I understood the term, implied getting dirt under one’s fingernails. My momma wasn’t gonna let me be no cowboy, but neither could the prospect of me being a doctor or lawyer or such have figured too prominently in her plans. The world of professionals was, to me, a great unknown, an uncharted land inhabited by a whole different sort of person.

All of which means simply that I’ve had a greater need for formative professional influences than the average bear. Like everyone else, I needed to learn how to be a lawyer in the sense of developing the necessary skills. But to a greater extent than most everyone else I also needed to recognize and then internalize the norms of professional interaction. Put differently, I knew there’d be unwritten rules. What I didn’t know was how they’d be different from the ones I grew up with.

I had the great good fortune to begin my career as a clerk to Judge Jane Roth.

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Gaddis on Kennan: Insight into a Key Figure of the 20th Century

The first half of the 20th Century was terrible, including two world wars. The second half was much better. “Who developed the ideas that made the second half of the 20th century better that the first half?” Yale Professor John Lewis Gaddis asked in an “On the Issues with Mike Gousha” session at Eckstein Hall on Wednesday.

“I don’t mean to say that George Kennan did all of that,” Gaddis said, answering the question. “But if I were to pick one central idea that was key to making the second half of the 20th century more peaceful than the first half, I think it was the idea of containment, I think it was the idea that you could deal with the Soviet Union without having a new world war with them on the one hand and without appeasing them on the other hand. And that really was George Kennan’s idea. So I would say if we back off and look at big ideas and big consequences, this man is extraordinarily influential.”

Kennan, a Milwaukee native, was the subject of Gaddis’ biography, “George F. Kennan: An American Life,” which was awarded a Pulitzer Prize in April. Gaddis came to Milwaukee at the invitation of the Law School. He spoke with Gousha, the Law School’s distinguished fellow in law and public policy, before an audience of about 200.

Gaddis painted a picture of Kennan as a brilliant, but complex person who had great, almost prophetic insights into global issues, but who was almost never happy with himself or how things were going in the world. He was “one of the greatest American writers of the 20th Century,” Gaddis said (Kennan won two Pulitzer prizes for memoirs he wrote) but “he was one of those people who was incapable of self-congratulation.”

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