The Atlanta Lawyer January/February 2013 | Page 32

section update Avoiding the “Brain Drain” Cliff in Public Interest Law By Michael J. Tafelski Georgia Legal Services Program I n his 2004 book The Working Poor: Invisible In America, Pulitzer Prize winning writer David Shipler wrote, “[b]lessed are the poor who have lawyers by their side.” Shipler’s words are uniquely meaningful to me. Growing up in Ohio as the son of civil rights advocates, I witnessed first-hand the significant impact p ublic interest lawyers have on their clients and communities. I lived in a household where the kitchen table was used more for developing litigation strategies and community organizing than eating. Observing my parents’ passion for their work and the results they achieved for their clients inspired me to become a legal aid lawyer. Given the nature of the work and the commitment it inherently requires, it is not surprising that my family’s enthusiasm for and dedication to this area of law can be found throughout the offices of public interest law firms. Local organizations, such as Georgia Legal Services Program and Atlanta Legal Aid Society, have provided high quality legal services to hundreds of thousands of low income families throughout our state. These programs successfully have promoted equal access to justice and empowered their clients with economic opportunities out of poverty. Such results could not be achieved without the leadership from and vision of individuals who have dedicated their lives to this cause. The strength of these organizations and the power of the services they deliver is a direct result of recruiting, mentoring and retaining smart and creative advocates who are motivated by a like desire to serve their communities. For decades, as these programs have grown and flourished, their institutional leadership has amassed invaluable litigation experience, unique legal knowledge and substantial management and administrative expertise. This passion for equality and justice continues with the up and coming generation of new lawyers, who are interested in pursuing public interest careers for an opportunity to work on impactful cases, obtain trial and litigation experience, and use their law degree to serve those less fortunate. However, even in a recession, with a scarcity of jobs in the legal profession, it has become increasingly difficult for new public interest attorneys to consider this area of the law as a viable longterm or lifetime career path. Chronic uncertainties of ongoing funding and the ever skyrocketing costs of a legal education have made public interest a daunting career choice, even to 32 THE ATLANTA LAWYER January/February 2013 [email protected] those who are most committed to it. On this point, a 2010 California study is revealing. It found that one in three public interest lawyers left their jobs within two and half years of being hired, and over 50% of those hired since 2005 were no longer employed with their same organization. Notably, this high turnover was not due to job dissatisfaction. Indeed, most of those surveyed expressed a high level of satisfaction with their job. Rather, the departing attorneys reported that they generally felt compelled to leave due to financial instability, resulting from uncertain funding sources for their organizations or their own dependence on a second job or partner’s income to sustain their households. Although loan repayment programs have been helpful, crushing student debt and stagnant salaries make public interest law a much more challenging lifestyle today for new lawyers than it has been over the past forty years. Recruitment and retention of talented young lawyers presents a serious obstacle for the future of public interest law firms, especially as devoted lifers, like my parents, begin to consider retirement. The anticipated (and, frankly, inevitable) loss of litigation and management experience is significant and, if present trends continue, will result in a substantial “brain drain” among public interest law firms nationwide. Without well-trained and knowledgeable emerging leaders waiting in the wings, the high quality legal services we expect from these organizations will suffer. This is a critical issue, not only for public interest law firms, but for society writ large. When equal access to justice is denied because a family cannot afford an attorney, it threatens our system of justice and perceptions of the fairness of our democracy. For this reason, we, as a country, must continue to support the long-term viability of public interest law firms so that the next generation of lawyers has the same opportunities to devote their careers to serving others like my parents did. Support can come in varying forms, but it must be a community effort because the need and demand for legal services is increasing dramatically and cannot be sustained on individual donations alone. Together, and with the leadership of the Public Interest Law Section of the Atlanta Bar Association, we can work to ensure that the most vulnerable members of our society will continue to be blessed with great lawyers. ■ The Official News Publication of the Atlanta Bar Association