THE PROPHET AND THE BUREAUCRAT - POSITIONAL CONFLICTS IN-SERVICE PRO-BONO-PUBLICO

In this note Norman Spaulding examines the degree to which positional conflicts of interest-taking a position for one client at odds with po sitions one has taken on behalf of other clients-impact the distributi on of pro bone legal services. Presenting evidence from interviews wit h private firm pro bone coordinators and public interest lawyers who r egularly refer pro bone work to private-firms, Mr. Spaulding contends that positional conflicts, both real and perceived, deter lawyers not only from taking pro bone work in certain morally and politically char ged fields of practice, but also from taking work in their particular fields of expertise. Mr. Spaulding also examines relevant provisions o f the Model Rules of Professional Responsibility and argues that the M odel Rules fail to mitigate the constraining effect of market forces o n lawyers' positional autonomy. Finally, Mr. Spaulding places position al conflict analysis in the normative framework of debates regarding t he scope of lawyers' positional identity and suggests a change in the Model Rules designed to enhance lawyers' positional autonomy in the pr o bone context.