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    June 05, 2025

    Guest Blog: Make Pro Bono Publico Again

    By: Nicholas Allard | Founding Randall C. Berg Jr. Jacksonville University College of Law Dean

    The importance of being earnest about pro bono legal work was the focus of my commencement remarks May 2. Instead of attempting the impossible task of expressing all that is in our hearts and hopes for Jacksonville University’s trailblazing first class of law students, I spoke mainly about one topic: How in America, our responsibility to voluntarily perform free legal services for the public good, “pro bono publico” in Latin, is emblematic of all that is good and honorable about our graduates’ chosen profession.

    It is also a fitting subject on the day this talented cadre of legal guardians are gowned, hooded and receive their juris doctor degrees because of the real pro bono work they already have done in our city.

    As law students, they made time for what qualifies for true pro bono service under the Rules Regulating The Florida Bar. That includes providing many hours of free legal services to less advantaged people during school vacations and weekends.

    Sticking with their good habit of selfless volunteer work will be meaningful, gratifying and necessary.

    As my great friend of more than half a century, Gilchrist Berg, might say, although pro bono service is but one facet of the life of a good lawyer, it is a nugget that evidences the presence of a mother lode of gold. “Gick” helped us to indelibly chart the public interest course of Jacksonville’s new law school by generously endowing my deanship in the name of one of the most selfless public-spirited lawyers anyone could know, his late brother, Randall C. Berg Jr.

    Throughout the U.S., law school graduates are beginning their careers at a hopefully fleeting moment when the purpose and worth of pro bono legal work has been degraded and misappropriated for cynical and misguided reasons.

    There should be no confusion about the nature and objective of pro bono legal services in the rare air of the highest places in government where they have a clear unobstructed view of such things.

    Nor is there uncertainty among any law firms and lawyers. They can be expected to know better.

    In America, lawyers are obliged in every state by every governing Bar association, according to every rule of professional responsibility to do and report qualifying pro bono work.

    Nevertheless, in a stunning display of lack of grit, ingenuity and at best questionable professionalism, nine large law firms have apparently agreed to provide a total of $940 million in so-called “pro bono” work as directed by the White House in response to threats and intimidation that the power of the federal government would be brought to bear in retaliation for a firm’s past clients, advocacy, firm policies, hiring and other misdeeds that are disliked by the administration.

    Words such as “blacklist” and other crude, petulant expressions that may be common for schoolyard bullies and wannabe mobsters do not belong in official presidential messages.

    The capitulation of several law firms to the demands is puzzling. Obviously, the demands violate several sections of the Constitution and lack statutory authority.

    So far, four firms have done what firms can do – litigate. They persuaded four different judges to block the presidential orders.

    The settling firms are enormously profitable big businesses. Perhaps their business calculations trumped their professional judgment. Even so, doing the right thing by challenging the abuse of government power may well be the smart business decision after all.

    Clients might be reluctant to hire expensive firms in tough cases who are unwilling and unable to defend themselves. It also is a sad notion that it’s good business to try to buy the favor of a regime that makes a practice of moving the goal posts and demanding more, not to mention the conflict issues that could preclude the shackled firms from representing clients on matters adverse to the government.

    In the center of this chaotic legal mess is the simple fact that performing free or discounted work for clients who can afford to pay, for business purposes does not qualify as reportable pro bono work.

    Nor does, in my opinion, extorted work done to curry favorable government treatment and certainly not if it is to advance a partisan political agenda.

    Our new graduates, and all ethical lawyers, understand what pro bono publico means.

    That is one of many excellent reasons we should wish the Class of 2025 Godspeed, with justifiable hope our profession will continue to work to improve access to affordable, quality legal services for all, including the less advantaged and underserved.

    Originally published in the Jacksonville Daily Record, May 1, 2025. Republished with permission of the author.