Priming For Pro Bono: The Impact of Law School on Pro Bono Participation in Practice

Abstract Three social psychologists who have spent decades studying volunteerism depict volunteering this way: “People participate in volunteer work in the face of substantial obstacles—it is effortful, it is work and work performed on an unpaid basis, it is time consuming, and it involves interactions with strangers. Some volunteers engage in work that is clearly trying” (Clary et al. 1996:485–486). These observations fit legal pro bono publico well; pro bono work is, indeed, effortful, unpaid, time-consuming, and sometimes, if not often, trying (Gocker in this volume). This chapter discusses the influence that one major element of the legal profession—law school—may have on new lawyers’ decisions to engage in pro bono. The chapter draws on the social science literature on volunteerism and community service learning and presents findings from surveys of over 1,000 lawyers and law students. More specifically, the chapter examines two facets of legal education as it relates to pro bono work: (1) participation in a law school pro bono program and (2) the development of pro-social attitudes during law school. “Pro-social” in this paper means an orientation toward assisting people in one’s community, and such attitudes include, for example, empathy and compassion. The findings reveal that both affect a lawyer’s decision to pursue pro bono work in practice. The chapter concludes with recommendations for law schools seeking to prime their students to perform pro bono.