Dispute Resolution Surges Forward at Marquette

As reported by the university yesterday, I am delighted to announce that the Dispute Resolution Program at Marquette continues to receive national acclaim.  With over ten years of dispute resolution programming and curricula at the Law School, we continue to grow by leaps and bounds.  In any given year, we have close to 150 students in our various dispute resolution classes and clinics.  Two years ago, we created the Client Skills Board, a board mirroring the traditional Moot Court Board, that oversees law student participation in the non-moot-court competitions, including the ABA Client Counseling Competition, ABA Negotiation Competition, ABA Representation in Mediation Competition, and the invitational ICC International Commercial Mediation Competition held in Paris.  Marquette students can now participate in two different intramurals (in negotiation and in mediation advocacy) to be selected for one of the two teams representing the Law School at the regional ABA competitions.  In addition to our past history of winning teams in mediation competitions, in the last two years we won the regional competitions in the ABA Client Counseling Competition. 

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In America You Can’t Buy Justice. But You Can Rent It.

In our final Law Governing Lawyers class, we had an extended discussion of proposed ABA rules strongly encouraging—if not requiring—minimumpro bono work by members of the bar (or law school students). What prompted this was our reading on the unmet need for legal services.  Among the indigent, those seeking immigration or asylum, and the mentally ill, legal services are virtually unobtainable. 

This is especially true for civil actions; at least in criminal actions an attorney can be appointed for an indigent client.  Civil representation for disadvantaged clients, in contrast, is often unaffordable.  When they can afford it, the lawyer is usually one whose entire client base is barely able to afford any fee.  Such attorneys mean well but be struggling with humongous case loads and limited resources.  My basic legal processes are infeasible for them, especially a thorough investigation or discovery.  While trying to help so many in need, they may be unable to provide any client with truly competent or adequate representation. 

Legal clinics (such as our own venerable Marquette Volunteer Legal Clinic) try to fill the gap, but often such clinics can only offer advice and direction.  They cannot or do not provide representation.

Against this backdrop, the ABA House of Delegates has considered and rejected changes to Model Rule 6.1 that would require lawyers to provide at least 50 hours of pro bono work per year, with a relatively cheap hourly buy-out.  There are of course, always mechanistic complaints: how would compliance be recorded? how would the requirement be enforced? what would the penalty be?  These can be worked out.

The real problem seems to be other complaints that are more philosophical.  What can a lawyer accomplish in 50 hours per year?  Would forced-labor representation be substandard?  Shouldn’t lawyers be able to avoid practicing in skill-areas they don’t want to practice in?  And why are we picking on lawyers?  Do doctors or plumbers have to do pro bono work?

Continue ReadingIn America You Can’t Buy Justice. But You Can Rent It.

Write Your Name into the Law School’s History

I previously expressed my hope that many will join us at the Law Alumni Awards ceremony, which will occur this Thursday, April 23, 5:30 p.m., at the Alumni Memorial Union. I write again so that I may add that there will be a unique opportunity, before the reception, for anyone interested to place his or her name on Eckstein Hall. That may seem a little odd, for Eckstein Hall is rising several blocks away from the AMU. But we will have available on April 23 outside the AMU the final steel beam that will be placed in Eckstein Hall some weeks from now—and plenty of permanent markers with which folks can sign it. So, whether you are coming to the awards ceremony or not, feel free this Thursday to write your name into the future of Marquette University Law School. The beam will be available under a tent in Parking Lot A (corner of 16th and Wells) from 11 a.m. to 7 p.m.

Continue ReadingWrite Your Name into the Law School’s History
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