Long viewed as an “untapped resource,” employment of senior and otherwise retired lawyers, on a pro bono or “low bono” basis to fill the “justice gap” in America has become especially important in light of recent economic developments and government funding limitations. The “baby boomer” generation, now entering traditional retirement years, has increasingly adopted an “active” approach to retirement, with the expectation that “second (or even third) acts,” often including public service, will become the norm for retirees. Any predictions that this huge force of retired attorneys can single-handedly alleviate the nation's legal assistance crisis, however, would be exaggerated. While such lawyers may help reduce the problem, they cannot alone solve it. Instead, policies aimed at efficiently harnessing as much of this potential resource as possible must be the central focus for policymakers, social service professionals, and bar leaders. This chapter addresses some fundamental realities that will determine the shape of such efforts.

RECRUITMENT

Despite decades of efforts, the reality remains that most lawyers (active or retired) do not focus on serving low-income populations. Those who take on pro bono obligations, moreover, often are recruited into the process (versus finding opportunities on their own). The best predictor of future pro bono activity is prior experience with pro bono activity. Successful transition of retired lawyers into pro bono participation thus may turn on the ability of programs to identify appropriate target populations, and recruit them, before retirement, into the world of volunteer work. Programs that recruit volunteers at law firms, for example, may also aim at helping lawyers, as they retire, transition into more pro bono activities. Effective recruitment, moreover, may turn on finding “champions” for pro bono activity, who can help influence their peers through direct communications. Senior lawyers may be particularly adept at such peer recruitment.

Lawyers differ in their background and experiences, and in their inclinations toward public service. Levels of commitment to pro bono work, in particular, may vary greatly.