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The No Fee and Low Fee Legal Practice of Private Attorneys

Published online by Cambridge University Press:  01 July 2024

Extract

For a half century or more it has been understood that the services of attorneys are not equally available to all who need them and a body of research has gradually been assembled which casts light on a number of factors relevant to how clients find attorneys and pay for their services. Among issues which have been probed are: the nature and extent of the public's need for legal services, the reasons for the failure of the poor to refer their problems to attorneys, the effect of OEO and legal aid offices on availability of legal services and the need for improved legal services for the middle class (Christensen, 1970). With few exceptions, however, the role of individual practicing attorneys in making legal services more widely available by occasionally working for a reduced fee, or for no fee at all, has never been systematically studied.

Type
Research Article
Copyright
Copyright © 1975 The Law and Society Association

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Footnotes

*

This study was made possible by a generous grant from the National Science Foundation.

References

AMERICAN BAR ASSOCIATION (1971) Code of Professional Responsibility. Chicago: American Bar Association.Google Scholar
AMERICAN BAR ASSOCIATION (1967) Canons of Professional Ethics. Chicago: American Bar Association.Google Scholar
AMERICAN BAR FOUNDATION (1972) The 1971 Lawyer Statistical Report. Chicago: American Bar Foundation.Google Scholar
AUCHINCLOSS, Louis (1963) Powers of Attorney. Boston: Houghton Mifflin Co.Google Scholar
BAUMES, Carl G. (1964) Patent Counsel in Industry. New York: National Industrial Conference Board.Google Scholar
BAZELON, David (1960) “Portrait of a Business Generalist,” 29 Commentary 277.Google Scholar
BELL, Daniel, ed. (1963) The Radical Right. Garden City, New York: Doubleday & Co.Google Scholar
BUFFALO AREA CHAMBER OF COMMERCE (1971) Compendium of Market Data.Google Scholar
BUFFALO EVENING NEWS (1973) 1973 Almanac and Fact Book.Google Scholar
CAHN, Edgar S. and Jean Camper, CAHN (1970) “Power to the People or the Profession?—The Public Interest in Public Interest Law,” 79 Yale L.J. 1005.Google Scholar
CAHN, Edgar S. and Jean Camper, CAHN (1964) “Implementing the Civilian Perspective—A Proposal for a Neighborhood Law Firm,” 73 Yale L.J. 1317.Google Scholar
CAPPELLETTI, Mauro (1972) “Legal Aid: Modern Theme and Variations,” 24 Stan. L. Rev. 347.Google Scholar
CARLIN, Jerome (1966) Lawyers' Ethics: A Survey of the New York City Bar. New York: Russell Sage Foundation.Google Scholar
CARLIN, Jerome (1962) Lawyers on Their Own: A Study of Individual Practitioners in Chicago. New Brunswick, New Jersey: Rutgers University Press.Google Scholar
CARLIN, Jerome and Jan, HOWARD (1965) “Legal Representation and Class Justice,” 12 U.C.L.A. Law Rev. 279.Google Scholar
CARLIN, Jerome, Jan, HOWARD and Sheldon, MESSENGER (1967) Civil Justice and the Poor. New York: Russell Sage.Google Scholar
CARR-SAUNDERS, Alexander M. and P.A., WILSON (1933) Professions. Atlantic Highlands, New Jersey: Humanities Press Inc.Google Scholar
CHRISTENSEN, Barlow F. (1970) Lawyers for People of Moderate Means: Some Problems of Availability of Legal Services. Chicago: American Bar Foundation.Google Scholar
CHRISTENSEN, Barlow F. (1965) “Lawyer Referral Service: An Alternative to Lay-Group Legal Services,” 12 U.C.L.A. Law Rev. 341.Google Scholar
CLARK, Charles E. and Emma, CORSTVET (1938) “The Lawyer and the Public: An Association of American Law Schools Survey,” 47 Yale L.J. 1272.Google Scholar
COLEMAN, James, Elihu, KATZ and Herbert, MENZEL (1966) Medical Innovation: A Diffusion Study. Indianapolis: Bobbs-Merrill Co., Inc.Google Scholar
COLUMBIA LAW REVIEW (1967) “Federal Judicial Review of State Welfare Practice,” 67 Colum. L. Rev. 84.Google Scholar
CUMMING, Elaine and William, HENRY (1961) Growing Old. New York: Basic Books.Google Scholar
DENVER LAW JOURNAL (1970) “Rural Poverty and the Law in Southern Colorado,” 47 Denver L. J. 82.Google Scholar
DONNELL, John D. (1970) The Corporate Counsel: A Role Study. Bloomington, Ind.: Indiana University Research Center for the Language Sciences.Google Scholar
DUKE LAW JOURNAL (1969) “The Legal Problems of the Rural Poor,” 1969 Duke L.J. 495.Google Scholar
DUNCAN, Beverly and Otis, DUNCAN (1968) “Minorities and The Process of Stratification,” 33 Am. Sociol. Rev. 356.Google Scholar
EULAU, Heinz and John D., SPRAGUE (1964) Lawyers in Politics: A Study in Professional Convergence. Indianapolis: Bobbs-Merrill Co., Inc.Google Scholar
FINMAN, Ted. (1971) “OEO Legal Service Program and the Pursuit of Social Change,” 1971 Wisc. L. Rev. 1001.Google Scholar
FISHER, Kenneth and Charles, IVIE (1971) Franchising Justice: The Office of Economic Opportunity Legal Services Program and Traditional Legal Aid. Chicago: American Bar Foundation.Google Scholar
FRANCHER, J. Scott (1969) “American Values and the Disenfranchisement of the Aged,” 22 East. Anthro. 29.Google Scholar
THE GALLUP OPINION INDEX (1971) Report No. 74.Google Scholar
THE GALLUP OPINION INDEX (1969) Report No. 49.Google Scholar
THE GALLUP OPINION INDEX (1965) Report No. 5.Google Scholar
HALLAUER, Robert Paul (1973) “The Shreveport Experiment in Prepaid Legal Services,” 2 J. of Legal Studies 223.Google Scholar
HANNON, Philip J. (1969) “The Leadership Problem in the Legal Services Program,” 4 Law & Society Review 235.Google Scholar
HARVARD LAW REVIEW (1970) “Structuring the Public Service Efforts of Private Law Firms,” 84 Harv. L. Rev. 410.Google Scholar
HARVARD LAW REVIEW (1967) “Neighborhood Law Offices: The New Wave in Legal Services for the Poor,” 80 Harv. L. Rev. 805.Google Scholar
HOFSTADTER, Richard (1965) The Paranoid Style of American Politics and Other Essays. New York: Alfred A. Knopf.Google Scholar
HUNTING, Roger and Gloria, NEUWIRTH (1962) Who Sues in New York City? New York: Columbia University Press.Google Scholar
HURST, J. Willard (1950) The Growth of American Law: The Law Makers. Boston: Little, Brown and Co.Google Scholar
HYMAN, Herbert and Eleanor, SINGER, (eds.) (1968) Readings in Reference Groups Theory and Research. New York: Free Press.Google Scholar
JOHNSTONE, Quinton and Dan, HOPSON Jr. (1967) Lawyers and Their Work. New York: Bobbs-Merrill.Google Scholar
KATZ, Elihu and Paul, LAZARSFELD (1955) Personal Influence: The Part Played by People in the Flow of Mass Communications. New York: Free Press.Google Scholar
KHARE, R.S. (1972) “Indigenous Culture and Lawyers Law in India,” 14 Comp. Studies in Soc. and Hist. 71.Google Scholar
LADINSKY, Jack (1963a) “Careers of Lawyers, Law Practice and Legal Institutions,” 28 Am. Sociol. Rev. 47.Google Scholar
LADINSKY, Jack (1963b) “The Import of Social Backgrounds of Lawyers on Law Practice and the Law,” 16 J. of Legal Ed. 127.Google Scholar
LEFKOWITZ, Louis (1972) “The Non-Availability of Legal Services to Persons of Moderate Income,” 27 N.Y.C.B. Rec. 144.Google Scholar
LEVINE, Felice J. and Elizabeth, PRESTON (1970) “Community Resource Orientation Among Low Income Groups,” 1970 Wisc. L. Rev. 80.Google Scholar
MACK, Raymond (1969) “Riot, Revolt and Responsible Revolution: Of Reference Groups and Racism,” 10 Sociological Quarterly 147.Google Scholar
MACKINNON, F. B. (1964) Contingent Fees for Legal Services: A Study of Professional Economics and Responsibilities. Chicago: Aldine Publishing Co.Google Scholar
MADDI, Dorothy and Fredric, MERRILL (1971) The Private Practicing Bar and Legal Services for Low-Income People. Chicago: American Bar Foundation.Google Scholar
MADDOCK, Charles S. (1952) “The Corporate Law Development,” 30 Harv. Bus. Rev. 119.Google Scholar
MAITLAND, Eddey (1962) “Lawyers Why Try Not to Try Cases,” 52 Life 80 (March 9).Google Scholar
MARK, F. Raymond, Kirk, LESWING and Barbara A., FORTINSKY (1972) The Lawyer, the Public and Professional Responsibility. Chicago: American Bar Foundation.CrossRefGoogle Scholar
MARTINDALE-HUBBELL, INC. (1972) Martindale-Hubbell Law Directory. Summit, New Jersey: Martindale-Hubbell, Inc.Google Scholar
MAYHEW, Leon and Albert, REISS (1969) “The Social Organization of Legal Contacts,” 34 Am. Socio. Rev. . 309.Google Scholar
MEYER, Martin (1966) The Lawyers. New York: Harper & Row.Google Scholar
MORRISON, Charles (1972) “Munshis and Their Masters: The Organization of an Occupational Relationship in the Indian Legal System,” 31 J. of Asian Studies 309.Google Scholar
MOYNIHAN, Patrick (1970) Toward a National Urban Policy. New York: Basic Books.Google Scholar
MOYNIHAN, Patrick (1969) “Toward A National Urban Policy,” 17 The Public Interest 3.Google Scholar
NONET, Phillippe (1969) Administrative Justice: Advocacy and Change in a Government Agency. New York: Russell Sage.Google Scholar
NORTH CAROLINA LAW REVIEW (1972) “Constitutional Law—Due Process and Compliance with Processing Requirements for Welfare Applications,” 50 N.C.L. REV. 673.Google Scholar
O'GORMAN, Hubert J. (1963) Lawyers and Matrimonial Cases. New York: Free Press.Google Scholar
O'NEIL, Robert (1970) “Of Justice Delayed and Justice Denied: The Welfare Prior Hearing Cases,” 1970 Sup. Ct. Rev. 161.Google Scholar
PARSONS, Talcott (1962) “The Aging in American Society,” 27 Law and Contemp. Problems 22.Google Scholar
REDLICH, Allen (1971) “The Art of Welfare Advocacy: Available Procedures and Forums,” 36 Albany L. Rev. 57.Google Scholar
REICH, Charles (1966) “Social Welfare in the Public-Private State,” 114 U. Pa. L. Rev. 487.Google Scholar
REICH, Charles (1965) “Individual Rights and Social Welfare: The Emerging Legal Issues,” 74 Yale L.J. 1245.Google Scholar
REICH, Charles (1964) “The New Property,” 73 Yale L.J. 733.Google Scholar
REICH, Charles (1963) “Midnight Welfare Searches and the Social Security Act,” 72 Yale L.J. 1347.Google Scholar
RILEY, David P. (1970) “The Challenge of the New Lawyers: Public Interest and Private Clients,” 38 Geo. Wash. L. Rev. 547.Google Scholar
ROSENTHAL, Douglas E. (1970) Client Participation in Professional Decision: The Lawyer-Client Relationship in Personal Injury Cases, Dissertation: Yale University.Google Scholar
ROSS, Aileen (1958) “Control and Leadership in Women's Groups: An Analysis of Philanthropic Money Raising Activity,” 37 Soc. Forces 124.Google Scholar
ROSS, Aileen (1953) “Social Control of Philanthropy,” 58 Am. J. of Soc. 451.Google Scholar
ROSOW, Irving (1967) Social Integration of the Aged. New York: Free Press.Google Scholar
ROTHSTEIN, Lawrence E. (1972) “Business as Usual? The Judicial Expansion of Welfare Rights,” 50 J. of Urban Law 1.Google Scholar
SCHWARTZ, Murray (1965) “Foreward: Group Legal Services in Perspective,” 12 U.C.L.A. L. Rev. 279.Google Scholar
SEELEY, John, Buford, JUNKER and R. Wallace, JONES (1957) Community Chest: A Study in Philanthropy. Toronto: University of Toronto Press.Google Scholar
SIDDALL, Roger B. (1956) A Survey of Large Law Firms in the United States. New York: Vantage Press.Google Scholar
SILVER, Carol Ruth (1968) “The Imminent Failure of Legal Services for the Poor: Why and How to Limit Case Load,” 46 J. Urban L. 217.Google Scholar
SILVERSTEIN, Lee (1967) “Eligibility for Free Legal Services in Civil Cases,” 44 Journal of Urban Law 549.Google Scholar
SMIGEL, Erwin O. (1964) The Wall Street Lawyer. Bloomington: Indiana University Press.Google Scholar
SMITH, Reginald (1919) Justice and the Poor. New York: Arno Press.Google Scholar
SPECTOR, Malcolm B. (1967) Legal Careers and Government Service: A Study in the Social Psychology of Occupations, Ph.D. Dissertation, Department of Sociology, Northwestern University.Google Scholar
STEUDE, William L. (1959) The Lawyer in Michigan State Government. Ann Arbor, Michigan: Institute of Public Administration.Google Scholar
STOLZ, Preble (1968) The Legal Needs of the Public: A Survey Analysis. Chicago: American Bar Foundation.Google Scholar
STOUFFER, Samuel (1955) Communism, Conformity and Civil Liberties. Magnolia, Mass.: Peter Smith Publisher, Inc.Google Scholar
SUBRIN, Stephen and John, SUTTON (1973) “Welfare Class Actions in Federal Court: A Procedural Analysis,” 8 Harv. Civil Rights L. Rev. 21.Google Scholar
UNITED STATES BUREAU OF THE CENSUS (1972) Census of Population and Housing, 1970, Census Tracts, Final Report. Washington: U.S. Government Printing Office.Google Scholar
UNITED STATES BUREAU OF THE CENSUS (1970) U.S. Census of Population, 1970, Number of Inhabitants, Final Report. Washington U.S. Government Printing Office.Google Scholar
WARKOV, Seymour and Joseph, ZELAN (1965) Lawyers in the Making. Chicago: Aldine Publishing Co.Google Scholar
WARDWELL, Walter and Arthur, WOOD (1956) “The Extra-Professional Role of the Lawyer,” 61 Am. J. of Soc. 304.Google Scholar
WOOD, Arthur (1967) Criminal Lawyer. New Haven: College and University Press.Google Scholar
YALE LAW JOURNAL (1970) “The New Public Interest Lawyers,” 79 Yale L.J. 1069.Google Scholar
YALE LAW JOURNAL (1964) “The Jewish Law Student and New York Jobs—Discriminatory Effects in Law Firm Hiring Practices,” 73 Yale L.J. 625.Google Scholar