Document Type

Working Paper

Publication Date

6-1-2007

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; ERN Subject Matter eJournals; Financial Economics Network; Labor eJournals

Abstract

The ideals of the legal profession include a commitment to providing legal representation to those unable to pay Yet in a number of situations court and bar association programs have denied free legal assistance to unpopular clients or causes or have restricted attorneys for the poor from using the same legal tools that are available to attorneys representing private clients This article examines the complicity of lawyers in restricting the availability of legal assistance to lowincome people It examines the restrictions imposed by Congress on the availability of free legal assistance to the poor and chronicles the role the legal profession has played in imposing similar restrictions on lawyerfinanced or sponsored legal assistance programs The article considers the ethical implications of the legal professions role in restricting access to legal representation and concludes that attorneys judges and bar organizations must consider the extent to which their programs and policies restrict the ability of some unpopular clients and causes to gain access to representation and must work to remove these restrictions

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