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Angela Schultz

Angela Schultz

When the Law Comes Up Short: Professional Identity Formation in Pro Bono Clinics

By Angela F. Schultz, Assistant Dean for Public Service, Marquette Law School

Many of us came to law school, at least in part, because we believed law could be used to help people navigate hard things. We wanted to solve problems, advocate for fairness, and advance justice.

One of the harder lessons of becoming a lawyer may be learning that law and justice are not the same thing. For law students in pro bono settings, that education can begin early. They meet clients facing eviction, consumer debt, family instability, loss of income, or victimization. They learn to interview clients, identify and analyze legal issues, communicate difficult information, and work alongside lawyers. And they learn that sometimes the law comes up short.

In our pro bono clinics, we might negotiate a debt that a client incurred when they took out a payday loan to cover the rent. The negotiation may avoid a small claims judgment against the client. But rent is due again next month. The client’s wages have not increased. Food, transportation, utilities, and childcare still cost too much. Sometimes the problem that brought the client through our doors is far bigger than the legal problem we can help resolve.

For a student encountering this kind of debt for the first time, the legal questions may be accompanied by a more basic one: Is this fair? Those of us who have practiced longer may know that fairness is not always the question the law asks. But the student’s question is worth holding onto.

The tension is not simply that we wish we could do more. What we are seeing may conflict with our own sense of fairness. Our legal tools can address the resulting debt without addressing the instability that produced it. We may have done our job well and achieved a meaningful result while still confronting circumstances that feel profoundly unjust.

That collision between the work we can do and the justice we believe people deserve can become a source of moral injury. A recent State Bar of Wisconsin article describes moral injury as the distress that occurs when our moral or ethical values are compromised or violated.[1] For lawyers, the author identifies one potential source: seeing an imperfect legal system fall short of our expectations.[2] Those expectations do not come only from us. The ABA Model Rules of Professional Conduct describe a lawyer as “an officer of the legal system and a public citizen having special responsibility for the quality of justice.”[3]

What happens when a developing lawyer recognizes the distance between those aspirations and the justice our system actually delivers? Will they become cynical, gradually stop noticing, or decide that the smaller thing they can do does not matter? Or can they learn to hold two things as true at once: What I did for this client mattered. And it was not enough.

How a developing lawyer makes sense of that tension helps shape the lawyer they become. And those of us who work alongside them can help shape that understanding.

What Is a Lawyer For?

A successful family law attorney once told me about the case that changed the direction of her practice. She had represented one party in an intensely contentious divorce involving custody, placement, finances, and property. After a difficult trial, the court ruled largely in her client’s favor. Feeling the satisfaction that follows a hard-fought case, she turned to her client and said, “We won!”

Her client did not look victorious. Instead, she pointed to what the judgment could not fix: her child would spend the rest of childhood moving between two parents who could barely speak civilly to one another.

That response changed the lawyer’s understanding of what it meant to “win.” She eventually reshaped her practice around divorce mediation and helping couples reach agreements. She now connects clients with counseling resources and helps them learn better ways to communicate, particularly when children are involved.

Recently, a law student told me she’d had a different kind of “win.” During a pro bono shift, a client arrived with a fussy baby. The student offered to hold the baby, giving the mother a little respite and the space to focus on the complicated adult matters, including legal questions, that had brought her to the clinic.

Holding a fussy baby is not a legal service. But the student noticed what was making it difficult for the client to participate in the consultation, and she responded. The law could address only some of what this mother was carrying. The student’s understanding of what it meant to serve the client did not have to be similarly confined. This student’s professional identity included the Jesuit ideal of being a person for and with others, recognizing the human need sitting alongside the legal one.

These are very different stories, but they raise the same question about professional identity: What is a lawyer for when the law cannot give a client everything the client needs?

The answer cannot be that lawyers should take responsibility for fixing every problem they encounter. We cannot repair a family’s relationships, eliminate poverty, provide safe housing, erase trauma, or make an unjust circumstance just simply because a client has come to us for legal help. Trying to assume responsibility for all of those things would be impossible and might become another path toward the moral injury we hope to avoid.

But the conclusion need not be that anything outside the legal issue is someone else’s problem. Perhaps part of developing a professional identity is learning to occupy that space: seeing the whole problem while remaining clear about the part we can responsibly address.

Working in the Space Between Law and Justice

In our pro bono clinics, one simple framework we use when working with client is: Listen, Acknowledge, Advise, and What now? (A handy acronym: LAAW.)

We listen for more than the legally relevant facts: What does the client want, and why does it matter? We acknowledge what we have heard without promising that the law can provide a remedy. And we advise candidly. Sometimes that advice is hopeful. Sometimes it means explaining that the remedy the client wants does not exist, that a deadline has passed, or that the evidence is insufficient. Then comes “What now?”

The Model Rules describe a lawyer’s role as advisor as helping a client understand not only legal rights and obligations but also their “practical implications.”[4] Lawyers are trained to identify the next legal move. But sometimes there is no useful legal move.

“What now?” asks a broader but still professionally grounded question: Given the advice, what does the client do now? Perhaps there is a practical step the client can take or a community resource that can address something the law cannot. Maybe the lawyer can help the client distinguish what is within their control from what is not. And sometimes “what now?” means helping the client understand that there simply is no productive legal next step.

The point is not that LAAW, or any framework, resolves the distance between law and justice. The point is learning how to remain useful and human in that space without pretending that we can fix everything we see.

The Lawyers We Are Still Becoming

Pro bono clinics give students a place to encounter these tensions while their professional identities are taking shape. They learn skills, certainly. But they are also learning what kind of lawyers they want to be when the answer is not found in a statute, a case, or the next procedural step.

They can learn that a good lawyer takes the client’s problem seriously even when the law cannot solve it. That candor and empathy are not opposites. That recognizing an injustice does not require pretending to have a remedy for it. And that doing something meaningful for one person still matters even when the larger problem remains.

There is another side to professional identity formation, too. Those of us who have practiced for decades need students who encounter some of the law’s shortcomings with fresher eyes. Their willingness to ask Is this fair? Why is it this way? Is this just? can make us look again at things we may have simply started to accept.

The students in our clinics are becoming lawyers, but the rest of us are still becoming lawyers, too. As we help them learn to live with the distance between law and justice without becoming indifferent to it, their questions can help keep us from becoming indifferent ourselves.

[1] Peter Kraemer, Moral Injury: When Doing Your Job Feels Wrong, State Bar of Wisconsin, InsideTrack (Nov. 19, 2025), discussing Jennifer Lee Edmondson’s presentation on moral injury and the legal profession. https://www.wisbar.org/NewsPublications/InsideTrack/Pages/Article.aspx?Volume=17&ArticleID=31322.

[2] Id.

[3] American Bar Association, Model Rules of Professional Conduct, Preamble & Scope, 1. https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/model_rules_of_professional_conduct_preamble_scope/.

[4] Id. at 2.

Angela Schultz serves as Assistant Dean for Public Service at Marquette University Law School, where she works with a team to oversee the Marquette Volunteer Legal Clinics and other pro bono initiatives. She previously practiced elder and disability law and spent more than a decade working with survivors of domestic violence and sexual assault. She supervises legal clinics, mentors law students and volunteer lawyers, and has a particular interest in access to justice and the ethical and human dimensions of brief legal advice.

Angela Schultz

Can Participation in Pro Bono Service Increase Student Well-Being? I’ve Seen It Happen

By Angela F. Schultz, Assistant Dean for Public Service, Marquette Law School

I have been at Marquette Law School for eleven years. Over the years, I have witnessed students become more willing and able to identify and discuss mental health challenges they have faced in their own lives—challenges the students themselves have described as stress, anxiety, depression, and sometimes as trauma. I remember one recent student who lost both parents during their first year of law school. Another student took a leave of absence and was hospitalized for severe anxiety. If you work with law students, you also know some of the challenges facing students’ well-being.

I can think of three recent conversations where students identified their involvement in pro bono service as being among the factors that ultimately aided them on a path towards wellness. These three students’ experiences are not unique. Each year, we evaluate student experience in pro bono clinics. Comments from a recent survey included: “This work reminds me why I came to law school in the first place.” “I was afraid of working one-on-one with a client because I didn’t realize I already had skills that could be helpful.” “I feel connected to the people served in the clinic. These are my people.”

Before I go on, let me acknowledge that pro bono service can come with a dose of fatigue, vicarious trauma, and feeling overwhelmed by the poverty, despair, and inequity in our legal system and in our world. But right now, in this brief blog post, I’m focusing on how serving others can contribute to one’s well-being.

According to Self-Determination Theory (SDT), all human beings require regular experiences of autonomy, competence, and relatedness to thrive and maximize their positive motivation. See Sheldon, Kennon M. and Krieger, Lawrence S., Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test and Extension of Self-Determination Theory (July 2006). Pro bono service opportunities regularly offer all three.

Autonomy: Pro bono service often involves a student making a choice to engage in something of interest to them; to do something they want to do or something they believe in; and the ability to take initiative and be self-directed. At many law schools (though not all), pro bono is a voluntary activity. Students choose whether to get involved in pro bono service and how much service to do. Students often choose what kind of service to perform and may enjoy increased autonomy as they develop skills.

Competence: Pro bono clinics tend to be places where volunteers all get a chance to feel good at what they do, or at least the opportunity to make progress towards becoming good at what they are learning to do. Pro bono clinics are an avenue where students can gain skills. Looking again at the pro bono evaluation I send to students each year, students indicated the following skills were practiced frequently during pro bono service work: listening; the ability to see the world from another’s perspective; client interviewing; time management; communicating legal information in an understandable way to a client; creative problem solving; and legal/procedural issue spotting.

Relatedness: Pro bono service often (if not always) offers students opportunity to relate meaningfully with others. In our pro bono clinics (called, not surprisingly, the Marquette Volunteer Legal Clinics), law students are paired with volunteer attorneys to serve a client seeking civil legal aid. The lawyer/student pair gets to chat with each other and develop relationships. The client served by the lawyer/student pair typically brings a whole range of human experiences to the mix, from frustration and despair to hope and gratitude. The trio of lawyer, student, and client often laugh together, shake their heads in disturbance together, and sometimes experience victory together. For example, one team recently negotiated a $500 settlement during their time together with a creditor suing their client (a mother of three earning $16 per hour) when her cash loan of $250 ballooned quickly to $1,500. By the end of their two-hour shift, when victory had been achieved, the client asked me to take a photo of her with the law student and lawyer. Without a doubt, meaningful relatedness had occurred for everyone involved in that session.

Autonomy, competence, and relatedness are the experiences cited by research that lend to students’ feelings of positive motivation and well-being.

I’d like to suggest one more reason that pro bono involvement may lend to feelings of well-being: perspective.

Perspective: Pro bono service connects students to the community outside of law school. Law school takes up an extraordinary amount of time, energy, and money for months (and sometimes years) before the student even has their first day. Students sometimes live, drink, and breathe all things related to LSAT preparation. Then soon after they live, drink, and breathe all things related to the law school application process.  Then the actual law school experience begins which often presents students with the most academically challenging materials they have seen throughout their education. And law school almost always involves a student’s first experience with a mandatory grading curve. Students’ social lives tend to fill quickly with other law students. The overall experience can be insular and leave students questioning their very identity: Who am I now? Who will I be once I graduate from law school?

Pro bono service is a quick and vivid reminder of the vast world outside of all-things-law-school. People seeking pro bono legal services are getting by (sometimes barely) while facing excruciating circumstances. A law students’ LSAT score is not even remotely part of the list of challenges facing a client in the legal clinic preparing to represent themselves in their eviction hearing tomorrow. The C- grade a law student received in civil procedure somehow seems miniscule once they are hearing directly from a survivor of domestic violence seeking a civil protection order.

The student who lost both parents during their first year of law school pointed to their experience in the pro bono clinics as a significant part of their path towards creating a “new normal” for themselves. And the student hospitalized for severe anxiety cited her work with “real people” in the pro bono clinics as part of her own journey towards wellness.

Please contact me at angela.schultz@marquette.edu with comments or questions.

Angela F. Schultz
Assistant Dean for Public Service
Marquette Law School
AALS Section on Pro Bono & Access to Justice, 2022 Chair