NEW YORK, Aug 16 (Reuters) - When New York's Chief Judge
Jonathan Lippman first revealed his intention in May to require
all newly minted New York lawyers to perform 50 hours of pro
bono work, it looked like the burden would fall directly on New
York law schools.
But with details of the measure still spare, deans around
the country are saying they're worried the proposal could have a
much wider impact, affecting not only local institutions but law
schools nationwide and abroad that send their graduates to
practice law in New York.
"It's ambiguous whether the hours have to be (done) in New
York state, which is crazy from our perspective," said Robert
Post, the dean of Yale Law School in New Haven, Connecticut.
Post also complained that the measure could "amount to free
labor" for New York at the expense of other states and
potentially "impose a significant barrier to entry to anyone who
is getting their legal education outside New York state."
Providing legal services for the poor has been a hallmark of
Lippman's 3-1/2-year tenure as New York's top judge. He has been
outspoken about the growing number of New Yorkers who face legal
issues such as foreclosure but lack the resources to fight them,
and helped convince Governor Andrew Cuomo and state lawmakers to
double legal services funding in 2012 to $25 million.
In announcing the pro bono requirement -- the first of its
kind in the country -- Lippman estimated it would add a half a
million hours of free legal services to the state each year.
"It's the equivalent of seven days of work over three
years-plus of law school," Lippman said. "I don't think that is
an onerous requirement."
Yet the measure sparked immediate debate among New York law
deans and administrators who said that for practical purposes,
the task of implementing the requirement would fall on law
schools, since that is where attorneys prepare for the bar.
Some applauded Lippman for tackling what he has dubbed the
justice gap, the fact that criminal defendants are guaranteed
free legal services but civil defendants are not. Others voiced
concern that the measure would pose financial and administrative
burdens on their schools. Most simply asked for details, which
Lippman has said he will provide in late fall after an advisory
committee reports back to him with feedback from legal services
providers, schools and students.
As word of New York's novel approach to pro bono has spread,
deans and administrators from out-of-state schools have begun to
weigh in, asking what kind of administrative and financial
obligations the measure might pose for their institutions.
The question is not merely academic. More than one-third of
the 15,063 applicants to the New York bar last year came from
out-of-state law schools, according to the state's Board of Law
Examiners. Among University of Pennsylvania graduates, 44
percent take the New York bar. For Rutgers law graduates, the
number is around 60 percent. More graduates of the University of
Connecticut Law School apply to the bar in New York than any
other state except Connecticut.
"Technically this is a requirement for the bar, but it's
going to have to become a part of the planning for all law
schools," said Kim Diana Connolly, director of clinical legal
education at SUNY Buffalo Law School.
Out-of-state law schools such as Harvard and Duke have been
some of the most publicly outspoken over Lippman's
proposal. Kimberly Bart, assistant dean of public interest and
pro bono at Duke University, this week sent a letter on behalf
of seven schools, asking the advisory committee to count pro
bono hours performed outside New York.
Bart said she also asked the committee to consider how the
rule might be applied to masters' of law students, also known as
LLMs, who often come from abroad. Since most LLM students
complete a program in a year, they are under different time
constraints from JD students, said Bart, and they might not have
the same opportunities to do pro bono work.
Lippman and his advisory committee have not yet spoken
publicly about the how non-New York schools will be affected by
the rule, and out-of-state schools were not invited to a July
meeting of Lippman's advisory committee.
Alan Levine, a co-chair of the advisory panel, declined to
comment on specific steps the committee has taken or will take
to air any concerns regarding out-of-state and foreign students.
"We have solicited views from the nation's law schools," he
said, but "I am not yet prepared to give insight into those
deliberations."
A key question for schools both inside and outside New York
is how Lippman will define pro bono for purposes of the
requirement. Many schools already have some sort of pro bono
program in place, but they said they worry that whatever they
have will fall short.
Schools that offer clinics, for example, are waiting to see
if that work will count as pro bono, since they typically award
participating students academic credit, and such credit could be
considered a form of payment. Schools that arrange for their
students to volunteer at non-legal groups like Habitat for
Humanity are waiting to see if volunteer work for such
organizations will qualify.
At schools in which programs don't meet Lippman's criteria
for what constitutes pro bono work, administrators could be on
the hook for designing new courses and hiring staff to supervise
the work. Given the current economic climate and pressures on
law schools to slow tuition growth and share more of their
revenues with their parent universities, law deans have said
they are worried about how the pro bono rule will affect their
bottom line.
Stewart Schwab, dean of Cornell Law School, would not
estimate what the cost of implementing the proposal could be to
his program but said, "This is a time when law schools are
trying to look carefully at their expenses and not add to them."
(Reporting by Carlyn Kolker and Dan Wiessner)
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