Helping Others Help Themselves

True Service for the Public Good

By John C. Eastman

The term pro bono originates from the phrase pro bono publico—legal service that is not just free but in service of the public good. Most law firms today do not appreciate that litigation promoting freedom—freedom to choose a school for one’s children, to earn a living in one’s chosen occupation, to enjoy one’s own property or to speak one’s mind—is work promoting the public good. But IJ’s Human Action Network provides an opportunity for lawyers in these firms to take on cases that truly advance the public good, rather than just expanding government benefits for select parties.

IJ’s entire mission is focused on this kind of pro bono representation and HAN extends this type of litigation to lawyers in private practice who may find it particularly difficult to carve out time for pro bono work focusing on the Constitution’s protections of liberty. The cases IJ selects and refers are unique in that they promote the public good from the perspective of the traditional pro bono model—defending the helpless individual—as well as advancing the larger effort to restore a proper understanding of the Constitution. IJ’s careful selection of sympathetic clients makes it easier to sell IJ-referred opportunities to your law firm.

In the mid 1990s, through a referral from IJ, I defended Sabrina Reese of Los Angeles against a criminal charge stemming from her African hairbraiding business. Reese was charged with violation of the California Board of Cosmetology’s requirement that only licensed cosmetologists braid hair. This was despite the fact that Reese’s method of braiding was not taught in cosmetology school, very little if anything taught in cosmetology school related to Reese’s business and the time and expense of cosmetology licensing was prohibitive. JoAnne Cornwell of San Diego had an IJ lawsuit pending challenging the constitutionality of the requirement, and I was able to suspend the proceedings on Reese’s citation pending the outcome of Cornwell’s case. When Cornwell and IJ won their victory to deregulate African hairbraiding in California, Reese’s right to economic liberty was vindicated as well.

As a member of IJ’s Human Action Network and in my capacity as the Director of the Claremont Institute Center for Constitutional Jurisprudence, I have written amicus briefs defending economic liberty for casket retailers and school choice for families in Cleveland, in addition to representing Sabrina Reese.

To HAN members who are mid-level associates in a private firm, I recommend getting involved with IJ on a pro bono project because it offers a unique opportunity to take full responsibility for a case. It offers great courtroom experience and an opportunity to feel good about yourself for taking ownership of a case that truly helps others and advances liberty. For solo practitioners, I recommend IJ pro bono opportunities because they will likely prove to be an inspiring, refreshing change of pace.

Through HAN, freedom-loving attorneys and activists can share legal insights and resources, so we don’t have to start from scratch. This kind of collaboration is essential because the only way we can succeed in the courts is through the combined effort of an army of lawyers operating all over the country. We may not have an army assembled yet, but IJ’s HAN is a good start!

John Eastman is Professor of Constitutional Law at Chapman University, Director of the Claremont Institute Center for Constitutional Jurisprudence and an active member of IJ’s Human Action Network. He can be reached at jeastman@chapman.edu.