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	<title>Comments on: NY&#8217;s New Lawyer Mandatory Pro Bono is Indentured Servitude</title>
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	<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/</link>
	<description>The &#039;Practice of Law&#039; School</description>
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		<title>By: David Fuller</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-43724</link>
		<dc:creator><![CDATA[David Fuller]]></dc:creator>
		<pubDate>Thu, 07 Jun 2012 17:53:38 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-43724</guid>
		<description><![CDATA[It&#039;s long been the case that admission to the bar is a privilege not a right.  Most states ethical rules require lawyers to accept judicial appointment as counsel for indigent clients.  There were several famous cases - including Scottsboro - where the court compelled service.  

The mindset that we are anything less than officers of the court and fiduciaries of our clients undermines the profession. If that means you have to do 50 hours of supervised pro-bono or assigned defense that is a consequence of your voluntary acceptance of the rights and responsibilities that come with the practice of law.]]></description>
		<content:encoded><![CDATA[<p>It&#8217;s long been the case that admission to the bar is a privilege not a right.  Most states ethical rules require lawyers to accept judicial appointment as counsel for indigent clients.  There were several famous cases &#8211; including Scottsboro &#8211; where the court compelled service.  </p>
<p>The mindset that we are anything less than officers of the court and fiduciaries of our clients undermines the profession. If that means you have to do 50 hours of supervised pro-bono or assigned defense that is a consequence of your voluntary acceptance of the rights and responsibilities that come with the practice of law.</p>
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		<title>By: Daniel R. Antonelli</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-40720</link>
		<dc:creator><![CDATA[Daniel R. Antonelli]]></dc:creator>
		<pubDate>Wed, 23 May 2012 03:57:39 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-40720</guid>
		<description><![CDATA[I found the follow information at http://www.nybarexam.org/

&quot;[The] requirement is not in effect for applicants who take and pass the July 2012 bar exam. The Appellate Divisions will be developing rules for the new requirement. No further information on the initiative is available at this time. The Board will update this website as more information on the new initiative becomes available.&quot;

A memo issued by the New York City Bar states, &quot;It is unclear whether the requirement will take effect for those applying for admission in 2013, those taking the bar exam in 2013, those graduating in 2013, or some combination thereof.&quot; According to the memo, details should be released by September 2012.

Not much help to those who fall into the gray area.]]></description>
		<content:encoded><![CDATA[<p>I found the follow information at <a href="http://www.nybarexam.org/" rel="nofollow">http://www.nybarexam.org/</a></p>
<p>&#8220;[The] requirement is not in effect for applicants who take and pass the July 2012 bar exam. The Appellate Divisions will be developing rules for the new requirement. No further information on the initiative is available at this time. The Board will update this website as more information on the new initiative becomes available.&#8221;</p>
<p>A memo issued by the New York City Bar states, &#8220;It is unclear whether the requirement will take effect for those applying for admission in 2013, those taking the bar exam in 2013, those graduating in 2013, or some combination thereof.&#8221; According to the memo, details should be released by September 2012.</p>
<p>Not much help to those who fall into the gray area.</p>
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		<title>By: Daniel R. Antonelli</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-40719</link>
		<dc:creator><![CDATA[Daniel R. Antonelli]]></dc:creator>
		<pubDate>Wed, 23 May 2012 03:54:06 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-40719</guid>
		<description><![CDATA[Victor- Well said.  The new rule is merely a requirement to enter the legal profession and the &#039;indentured servitude&#039; argument is mere hyperbole.

And while I agree with your points on altruism, I also believe there are self-serving factors that are not given enough credit.  There is widespread sentiment that pro bono is entirely burdensome but this view is purely myopic.  Aspiring attorneys and newly admitted attorneys seeking to market themselves as an employee and even attorneys seeking to market their practice can derive great benefit from pro bono.  My experience has been so positive that I continue to devote a large portion of my practice to pro bono at 5 years out - and I&#039;m not talking about the warm feeling I get inside from helping those who cannot help themselves.  I&#039;m talking about the warm feeling I get from a fat wallet.

Pro bono provides amazing benefits that can only be realized if we think a bit differently from the traditional social utility paradigm.  Let&#039;s be selfish for a moment.  Think of the aspiring lawyer who wants to secure a job upon admission to the Bar.  Getting involved in a pro bono program such as the Brooklyn Volunteer Lawyer Project (I use this as an example because it is one of the organizations I have direct involvement with), provides three crucial tools: 1) knowledge/training in a specific legal area; 2) experience within that area; and 3) perhaps most importantly, connections/mentors.  For most, getting a job is not about a great resume.  It is about making and working your connections.  Some of the best connections I&#039;ve forged have been through my pro bono work.  All of these factors also apply to admitted attorneys seeking a job and to attorneys seeking to grow their practice.

We need to stop thinking of pro bono as a burden and start harnessing its power.]]></description>
		<content:encoded><![CDATA[<p>Victor- Well said.  The new rule is merely a requirement to enter the legal profession and the &#8216;indentured servitude&#8217; argument is mere hyperbole.</p>
<p>And while I agree with your points on altruism, I also believe there are self-serving factors that are not given enough credit.  There is widespread sentiment that pro bono is entirely burdensome but this view is purely myopic.  Aspiring attorneys and newly admitted attorneys seeking to market themselves as an employee and even attorneys seeking to market their practice can derive great benefit from pro bono.  My experience has been so positive that I continue to devote a large portion of my practice to pro bono at 5 years out &#8211; and I&#8217;m not talking about the warm feeling I get inside from helping those who cannot help themselves.  I&#8217;m talking about the warm feeling I get from a fat wallet.</p>
<p>Pro bono provides amazing benefits that can only be realized if we think a bit differently from the traditional social utility paradigm.  Let&#8217;s be selfish for a moment.  Think of the aspiring lawyer who wants to secure a job upon admission to the Bar.  Getting involved in a pro bono program such as the Brooklyn Volunteer Lawyer Project (I use this as an example because it is one of the organizations I have direct involvement with), provides three crucial tools: 1) knowledge/training in a specific legal area; 2) experience within that area; and 3) perhaps most importantly, connections/mentors.  For most, getting a job is not about a great resume.  It is about making and working your connections.  Some of the best connections I&#8217;ve forged have been through my pro bono work.  All of these factors also apply to admitted attorneys seeking a job and to attorneys seeking to grow their practice.</p>
<p>We need to stop thinking of pro bono as a burden and start harnessing its power.</p>
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		<title>By: Michael Logan</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-38349</link>
		<dc:creator><![CDATA[Michael Logan]]></dc:creator>
		<pubDate>Tue, 08 May 2012 22:13:56 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-38349</guid>
		<description><![CDATA[&quot;I have seen a few articles in the past week or two discussing lawyers who are on public assistance because they can’t find paying work and are working for firms and other organizations for free so they can gain marketable skill&quot;

What an absolute disgrace. There is work to be had out there. One has no business working for free and while collecting from the public dole. Just because they could not find jobs AS LAWYERS does not justify their throwing up their hands and sponging off society.  There are paralegal jobs. Secretary jobs. Burger-flipper jobs. Are they too good for real work?]]></description>
		<content:encoded><![CDATA[<p>&#8220;I have seen a few articles in the past week or two discussing lawyers who are on public assistance because they can’t find paying work and are working for firms and other organizations for free so they can gain marketable skill&#8221;</p>
<p>What an absolute disgrace. There is work to be had out there. One has no business working for free and while collecting from the public dole. Just because they could not find jobs AS LAWYERS does not justify their throwing up their hands and sponging off society.  There are paralegal jobs. Secretary jobs. Burger-flipper jobs. Are they too good for real work?</p>
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		<title>By: Michael Logan</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-38342</link>
		<dc:creator><![CDATA[Michael Logan]]></dc:creator>
		<pubDate>Tue, 08 May 2012 22:07:06 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-38342</guid>
		<description><![CDATA[Indentured servitude? Nonsense. Young attorneys need to realize that the practice of law isn&#039;t simply a job. It&#039;s a calling that serves the highest needs of society. There&#039;s a reason we take an oath of office. Being a lawyer is more than a privilege; it carries with it responsibilities to society. Mind, I say that as a libertarian - but one who recognizes the obligations of the social contract.
I gather that Burger King has no pro bono requirement. If youngsters are so concerned with getting paid, I suggest they try there.]]></description>
		<content:encoded><![CDATA[<p>Indentured servitude? Nonsense. Young attorneys need to realize that the practice of law isn&#8217;t simply a job. It&#8217;s a calling that serves the highest needs of society. There&#8217;s a reason we take an oath of office. Being a lawyer is more than a privilege; it carries with it responsibilities to society. Mind, I say that as a libertarian &#8211; but one who recognizes the obligations of the social contract.<br />
I gather that Burger King has no pro bono requirement. If youngsters are so concerned with getting paid, I suggest they try there.</p>
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		<title>By: Valina R. Rudolph</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-38087</link>
		<dc:creator><![CDATA[Valina R. Rudolph]]></dc:creator>
		<pubDate>Sun, 06 May 2012 22:55:13 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-38087</guid>
		<description><![CDATA[It is my understanding that the pro bono hours can be completed any time prior to admission. That means that the hours can be completed while in law school.  I don’t think this can be considered indentured servitude.  There are plenty of mandatory requirements we have to adhere to in order to be members of the legal profession. When you think about it, it breaks down to one day a semester while in law school.]]></description>
		<content:encoded><![CDATA[<p>It is my understanding that the pro bono hours can be completed any time prior to admission. That means that the hours can be completed while in law school.  I don’t think this can be considered indentured servitude.  There are plenty of mandatory requirements we have to adhere to in order to be members of the legal profession. When you think about it, it breaks down to one day a semester while in law school.</p>
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		<title>By: Judy Cox</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-38051</link>
		<dc:creator><![CDATA[Judy Cox]]></dc:creator>
		<pubDate>Sun, 06 May 2012 12:42:27 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-38051</guid>
		<description><![CDATA[Isn&#039;t providing pro bono work practicing law? And if you can&#039;t be admitted to the Bar without this pro bono work, isn&#039;t that advocating practicing law without a license? I can see requiring 50 hours of internship, maybe, but to require a non-licensed attorney to practice law?]]></description>
		<content:encoded><![CDATA[<p>Isn&#8217;t providing pro bono work practicing law? And if you can&#8217;t be admitted to the Bar without this pro bono work, isn&#8217;t that advocating practicing law without a license? I can see requiring 50 hours of internship, maybe, but to require a non-licensed attorney to practice law?</p>
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		<title>By: Marc M. Meyer</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-37958</link>
		<dc:creator><![CDATA[Marc M. Meyer]]></dc:creator>
		<pubDate>Sat, 05 May 2012 16:50:11 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-37958</guid>
		<description><![CDATA[&lt;&gt;

Well, let&#039;s call this what it really is . . . a tax on those who are least able to pay the tax. (sorry Susan, but I do think that you can reasonably compare this to a tax . . . and that taxes can sometimes be considered indentured servitude.  Not normally, but under very specific circumstances taxes can create indentured servitude).  Time is valuable and at even a fairly lowball rate of $100/hour, this requirement corresponds to a tax of $5,000, imposed on those least able to afford it (this is specifically the type of tax that would be able to be considered indentured servitude).

And it is being touted to ameliorate a problem with a frayed part of our social fabric - indigent legal services.  And those are services that should be provided by those state funded agencies, agencies that should be fully funded by tax dollars levied on those that can more reasonably pay those taxes (read as law partners making 10+ times what these new bar admittees can be expected to make. How about we make the 10,000 lawyers in New York who make the most money chip in 5K and use it to hire those new low grads to serve indigent clients. The result would likely be better than a forced program of pro bono, but the social cost would be the same).

Plus, this would have the added benefit of increasing the number of jobs available to the new bar admittees, which is something desperately needed now.

And to your point of including this requirement as a requirement of graduation - well, that would be OK, too.  How about we propose the New York courts mandate both?]]></description>
		<content:encoded><![CDATA[<p>&lt;&gt;</p>
<p>Well, let&#8217;s call this what it really is . . . a tax on those who are least able to pay the tax. (sorry Susan, but I do think that you can reasonably compare this to a tax . . . and that taxes can sometimes be considered indentured servitude.  Not normally, but under very specific circumstances taxes can create indentured servitude).  Time is valuable and at even a fairly lowball rate of $100/hour, this requirement corresponds to a tax of $5,000, imposed on those least able to afford it (this is specifically the type of tax that would be able to be considered indentured servitude).</p>
<p>And it is being touted to ameliorate a problem with a frayed part of our social fabric &#8211; indigent legal services.  And those are services that should be provided by those state funded agencies, agencies that should be fully funded by tax dollars levied on those that can more reasonably pay those taxes (read as law partners making 10+ times what these new bar admittees can be expected to make. How about we make the 10,000 lawyers in New York who make the most money chip in 5K and use it to hire those new low grads to serve indigent clients. The result would likely be better than a forced program of pro bono, but the social cost would be the same).</p>
<p>Plus, this would have the added benefit of increasing the number of jobs available to the new bar admittees, which is something desperately needed now.</p>
<p>And to your point of including this requirement as a requirement of graduation &#8211; well, that would be OK, too.  How about we propose the New York courts mandate both?</p>
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		<title>By: Susan Cartier Liebel</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-37839</link>
		<dc:creator><![CDATA[Susan Cartier Liebel]]></dc:creator>
		<pubDate>Fri, 04 May 2012 20:16:00 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-37839</guid>
		<description><![CDATA[My understanding is this is for all those applying for admission to the NY bar in 2013 (whether a new graduate or not.)]]></description>
		<content:encoded><![CDATA[<p>My understanding is this is for all those applying for admission to the NY bar in 2013 (whether a new graduate or not.)</p>
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		<title>By: Ed Jones</title>
		<link>https://solopracticeuniversity.com/2012/05/02/nys-new-lawyer-mandatory-pro-bono-is-indentured-servitude/#comment-37828</link>
		<dc:creator><![CDATA[Ed Jones]]></dc:creator>
		<pubDate>Fri, 04 May 2012 17:46:56 +0000</pubDate>
		<guid isPermaLink="false">http://solopracticeuniversity.com/?p=3062#comment-37828</guid>
		<description><![CDATA[Would this apply starting the class of 2013 or to *everyone* applying for the bar exam? (i.e. someone who graduated in say, 2012 or 2011 and is taking the exam until now). Would the saving clause apply on this case?]]></description>
		<content:encoded><![CDATA[<p>Would this apply starting the class of 2013 or to *everyone* applying for the bar exam? (i.e. someone who graduated in say, 2012 or 2011 and is taking the exam until now). Would the saving clause apply on this case?</p>
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