A pro bono life.Long before I visited St. Mary's University Law School in San Antonio San Antonio (săn ăntō`nēō, əntōn`), city (1990 pop. 935,933), seat of Bexar co., S central Tex., at the source of the San Antonio River; inc. 1837. a few months back, I knew of its reputation for scrappiness. For nearly ten years, St. Mary's has been a haven for morality-based legal education. To this university, turning out attorneys is meaningless unless they have been exposed to the ideal of restorative justice A philosophical framework and a series of programs for the criminal justice system that emphasize the need to repair the harm done to crime victims through a process of negotiation, mediation, victim empowerment, and Reparation. The U.S. and the practice of lawyering for clients the bar usually ignores. This isn't a hothouse hothouse: see greenhouse. school offering specialties in acquisition and merger law, boardroom law, or loophole law. It is--or was--one of the leading public-interest law schools in the country. Founded in 1927 and currently serving 750 students, St. Mary's was headed, last fall, by Barbara Bader Aldave. Aldave was one of the few female law deans in America and the only one in the nine Texas law schools. After her 1989 appointment, she began to reshape an institution that had processed students as if they were slabs of cheese at Velveeta Law School hoping to make partner one day at Cheddar, Mozzarella moz·za·rel·la n. A mild white Italian cheese that has a rubbery texture and is often eaten melted, as on pizza. [Italian, diminutive of mozza, a cut, mozzarella, from mozzare, , & Brie. She created the Center for Legal and Social Justice, a thriving enclave with five clinics and clients ranging from battered women to homeless immigrants. All this broke with the school's conservative South Texas past, as did Aldave's decision to put in new courses in public-interest law, environment law, and alternative dispute resolution Procedures for settling disputes by means other than litigation; e.g., by Arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce . The school also began to offer a course in capital-punishment law, with students doing pro bono Short for pro bono publico [Latin, For the public good]. The designation given to the free legal work done by an attorney for indigent clients and religious, charitable, and other nonprofit entities. work on Texas's death row--a busy place, since Texas leads the nation in state killings. Minority admissions rose. The year before Aldave's appointment, minority enrollment in the first-year class totaled 7.5 percent. By 1997, it had soared to 43 percent. These changes did not go unnoticed. In 1997, the American Bar Association American Bar Association (ABA), voluntary organization of lawyers admitted to the bar of any state. Founded (1878) largely through the efforts of the Connecticut Bar Association, it is devoted to improving the administration of justice, seeking uniformity of law honored St. Mary's with its "Public Interest Law School of the Year" award. St. Mary's work also received awards from the Association of American Law Schools The Association of American Law Schools (AALS) is a non-profit organization of 166 law schools in the United States. Another 23 schools are "non-member fee paid" schools, which are not members but choose to pay AALS dues. and the Clinical Legal Education Association. The Texas Observer said that St. Mary's clinical education program was "unparalleled in the state of Texas." In a 1995 speech at Marquette University Marquette University at Milwaukee, Wis.; Jesuit; coeducational; chartered 1864, opened 1881. The school achieved university status in 1907. Among its graduate programs are those in business, engineering, and law. , Aldave reflected on her first five years: "While I was interviewing for the deanship, I was entirely honest about the changes I hoped to effect. The law school had been, by anyone's standards, a conservative institution. The curriculum was extremely limited, and most of the course of study was mandatory. In an area of the country in which Hispanics constitute the majority, the student body was almost exclusively white and male. A dress code and strict disciplinary rules Precepts, such as the Code of Professional Responsibility, that proscribe an attorney from taking certain actions in the Practice of Law. Proceedings can be instituted to disbar an attorney who violates the disciplinary rules. were in effect. The place reminded me of a military camp." In turning around a school that used to be, in the words of the San Antonio Express News, "a nuts-and-bolts training ground for corporate lawyers," Aldave made enemies. One of her harshest critics was the former dean, Ernest Raba. He charged that St. Mary's had become "a fungus of neo-Satanism and neo-humanism." Another critic was Allan Parker, founder of the Christian Coalition Christian Coalition, organization founded to advance the agenda of political and social conservatives, mostly comprised of evangelical Protestant Republicans, and to preserve what it deems traditional American values. in San Antonio. In December, he told the National Catholic Reporter, "Barbara would be a very good dean at a liberal feminist organization.... I think Barbara ignored the practical aspects of law. Doing a corporate contract is not as much fun as suing a landlord over racial discrimination." After years of anti-Aldave grousing, which included attacks from some trustees and faculty members who longed for the old days, the dean was finished. University president, John Moder, a Marianist priest, announced Aldave's termination last October. He cited the "stress and strain" brought on by the dean's changes. "Stress did not create a pleasant environment in which to work," he said. In my conversations with Barbara Aldave, I found myself wondering, how did this humane, risk-taking lover of long shots--she is anti-death penalty, pro-affirmative action--last almost a decade? And in Texas? The answer is obvious: Aldave provided a service, both to the students who enrolled and to the clients they helped in their clinics after graduation. "No one other than a rich individual or a corporation can afford legal services legal services n. the work performed by a lawyer for a client. ," Aldave says. "In Texas, I know that more than 90 percent of the people can't afford to hire a lawyer. What we need are lawyers willing to go out and work for clients of modest means, delivering services to people who have a desperate need for them. Texas needs immigration immigration, entrance of a person (an alien) into a new country for the purpose of establishing permanent residence. Motives for immigration, like those for migration generally, are often economic, although religious or political factors may be very important. lawyers, social security specialists, and--everywhere--domestic-relations lawyers. In San Antonio, the minimum retainer among most lawyers for a divorce case is $5,000." Aldave's interest in promoting public-interest law at St. Mary's contrasts sharply with the indifference found at other sites of legal training. In October, in a story titled "Why Most Law Schools Are Failing Public-Interest Law," the National Jurist A judge or legal scholar; an individual who is versed or skilled in law. The term jurist is ordinarily applied to individuals who have gained respect and recognition by their writings on legal topics. jurist n. magazine reported the bleakness: "A survey of 168 law schools revealed that 66 percent do little to promote public-interest law, earning Ds or Fs in an evaluation of their financial and institutional support, public-interest opportunities for students, and job-placement efforts." Months earlier, the Appleseed Foundation Appleseed Foundation, a non-partisan and non-profit organization founded in 1993 by some members of the Harvard Law School class of 1958, is a network of public interest law centers that work to identify and address injustices in their communities. in Washington, D.C., had similar findings. "Despite their laudable progress, law schools still fall short on their obligation to ensure that a commitment to public service is fostered in all courses," it noted. "When they treat legal services or other clinics as `soft' courses and when they fail in `traditional' courses to consider societal problems, areas of unmet need, and the effect on disadvantaged groups, law schools send a powerful message." Earlier this decade, surveys reported that 70 percent of America's lawyers work for 10 percent of the population. In the Oxford Dictionary of Legal Quotations, a 582-page volume brimming with the eloquence of our great legal minds, the offerings include sixty-nine quotes on power, thirty-five on taxes, twenty-one on property, ten on wills, but not a syllable on pro bono or public-interest law. The bias toward serving the rich and powerful may be one reason lawyering is among the professions with the highest career burnout Burnout Depletion of a tax shelter's benefits. In the context of mortgage backed securities it refers to the percentage of the pool that has prepaid their mortgage. for people between the ages of thirty and forty. If change comes, it will not be from the top but from below, among law school customers, the students. "A significant proportion of students--over half, in my view--come to law school in hopes of doing reasonably well for themselves but also with a strong motivation to do good for others," says Aldave. "If the law schools just made opportunities available for students to acquire the skills they need either to serve the marginalized or work for law reform, I think the schools would have more takers than they can handle. The will is there. If a school really shows that it regards the work done for the poor as important, many students will be attracted to it." Public-interest law is attracting a large and expanding constituency. In 1986, students at fifteen of America's 176 law schools stopped agonizing and began organizing. They formed the National Association of Public Interest Law (NAPIL NAPIL National Association for Public Interest Law ( now Equal Justice Works) NAPIL Network Application Programming Interface Layer ) in Washington, D.C., a group that has in twelve years made it possible to use the words "conscience" and "American law" in the same sentence. From those fifteen schools, NAPIL has burgeoned into a multi-program organization with chapters at 144 of the American Bar The American Bar is a drinking establishment at the Savoy Hotel in London. Opened in 1898 when cocktail were being first introduced to London. The term American Bar comes from the 1930s when cocktails were first gaining popularity in the United States. Association-approved law schools. In twelve years, students have raised more than $15 million through auctions, pledge drives, and other discreet hustles to fund grants for some 8,500 summer public-interest internships. NAPIL currently runs three national summer fellowship programs. For law school graduates who care more about making a contribution than making partner, NAPIL funds the Fellowships for Equal Justice. These are twenty-four-month stints that pay tuition and up to $52,000 a year. Forty-five fellows have served since 1992. This year's fellows are working with farmworkers, juvenile detainees, Central American Central America A region of southern North America extending from the southern border of Mexico to the northern border of Colombia. It separates the Caribbean Sea from the Pacific Ocean and is linked to South America by the Isthmus of Panama. refugees, homeless gay and lesbian youths, Native Alaskans, Medicaid ineligibles, and battered women. The inspirational madman at NAPIL is David Stern
Stern, a man of natural ebullience, believes that the 1,400 summer public-interest jobs that NAPIL runs are vital for students. "Those jobs are the most important experience they can have," he says. "Whether they continue doing public-interest work or go to a firm, they are much more likely to do some kind of pro bono or public-interest law because of that experience. Our Rural Legal Corps puts ninety students into programs over two summers." Two former students of my course at Georgetown Law, "Law, Conscience, and Nonviolence," are current NAPIL fellows: Rosemary Dady, with the San Francisco San Francisco (săn frănsĭs`kō), city (1990 pop. 723,959), coextensive with San Francisco co., W Calif., on the tip of a peninsula between the Pacific Ocean and San Francisco Bay, which are connected by the strait known as the Golden Neighborhood Legal Assistance Foundation, and Sczerina Perot, with the Washington, D.C., Legal Clinic for the Homeless. I remember each as having a surplus of the talents--moral alertness, low tolerance for cant, follow-up questioning skills--that wouldn't land them editorships on the law review but would keep them committed to careers of restorative justice. In 1995, Dady wrote a memorable essay entitled "Struggling for a Free Press in Indonesia: Activist Lawyers Defending Independent Journalists." She had secured an internship the previous summer in Jakarta with Lembaga Bantuan Hukum (LBH LBH Lyman-Birge-Hopfield LBH London Borough of Havering (UK) LBH Let's Be Honest LBH Little Big Head (toys) LBH Loud But Harmless LBH Lyric Band of Hanover PA ), the Legal Aid Institute. Coming between her first and second years at Georgetown, the experience energized her to push on. "After finishing my first year of law school, I was pretty discouraged," she wrote. "Spending a year of my life reading endless cases in which poor people, women, and people of color Noun 1. people of color - a race with skin pigmentation different from the white race (especially Blacks) people of colour, colour, color race - people who are believed to belong to the same genetic stock; "some biologists doubt that there are important were frequently defeated by parties with more power left me questioning whether the law could be an effective tool for social change." That summer, Rosemary Dady worked with LBH Institute lawyers defending a group of anti-censorship reporters and editors who had formed the Alliance of Independent Journalists. In March 1995, three members were arrested for violating Indonesian "Hate Sowing" laws. They were tried and sentenced to terms between two and three years. Later that year, one of the three, Ahmad Taufik, the president of the alliance, received an award from the Committee to Protect Journalists ![]() The Committee to Protect Journalists (CPJ) for his work to promote a free press in Indonesia. In Washington, Sczerina Perot is in the second year of a NAPIL Fellowship. She serves homeless families. "I love what I'm doing," she told me. "Sometimes I lose sleep about my clients. But during the day I have a feeling of being appreciated, and it's always there." Dady and Perot are fortunate. Georgetown Law is one of the few schools wise enough to have a first-year public-interest program. "First-year students," Stern said, "get all wrapped up in their classes. This year, Georgetown asked its incoming students if they would like to have a public-interest mentor. Well, 105 students signed up." I've kept copies of all the papers my students wrote--boxes of them. On hearing years later that, like Rosemary Dady and Sczerina Perot, they're using their skills to decrease pain in people's lives and to increase justice, I go back and reread Verb 1. reread - read anew; read again; "He re-read her letters to him" read - interpret something that is written or printed; "read the advertisement"; "Have you read Salman Rushdie?" their papers. I can't claim that they are better lawyers for having written about unlawschoolish topics but I will wager a billable hour that they are better people. And what does the law profession need more than that? As for Barbara Bader Aldave, her plans include teaching in the fall at Northeastern University Northeastern University, at Boston, Mass.; coeducational; founded 1898 as a program within the Boston YMCA, inc. 1916, university status 1922, fully independent of the YMCA 1948. law school and the following semester at Boston College Boston College, main campus at Chestnut Hill, Mass.; coeducational; Jesuit; est. and opened 1863. Actually a university, the school's Chestnut Hill campus comprises colleges of arts and sciences and business administration, the graduate school, and schools of nursing law school. One of the truths about progressive educators is that no matter where they are teaching, students need them. Colman McCarthy, a member of The Progressive's Editorial Advisory Board, directs the Center for Teaching Peace in Washington, D.C. |
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