Esther Lardent of the Pro Bono Institute has an interesting article in the National Law Journal on how current ethics rules inhibit pro bono. Lots of good ideas for change here.
- Limits in multi-jurisdictional practice get in the way of multi-jurisdictional pro bono
- Student practice rules are too complex
- Judicial ethics rules can deter advocacy and recruitment for pro bono
- Lawyers and judges are still uncertain about appropriate roles in unbundling
- Conflict of interest rules — particularly those dealing with imputed conflicts — need clarification
Of course this is a subset of a broader issue relating to access to justice in general. Ideas on how all these issues might be addressed would be welcomed in the comments.