The Power of “Defaults”

Traditionally, economic theory has treated people as wholly rational actors – when presented with a choice, we choose the utility-maximizing option, regardless of what the default or status quo might be. Recent social science research has shown that real people don’t always act so rationally; we are influenced by social pressures. One of the most powerful norms that drive behavior are default rules. As Cass Sunstein describes them, defaults are invisible “nudges.” They don’t force us to choose one way or another, but they can make us lean in a particular direction. The impact that defaults can have on individual decision-making

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Pro Bono Hits Prime Time

There are many indications that law firm pro bono has hit critical mass – law firm pro bono brochures and videos, questions about pro bono in RFPs from corporate clients, cocktail party talk about pro bono work – but one sure sign is the prevalence of pro bono in popular culture, including documentaries, books, and prime-time television. As we’ve reported previously, lawyers at Lockhart Gardner, the fictional law firm at the center of “The Good Wife,” a successful CBS series, do a lot of pro bono work.  During one of its first episodes, a firm managing partner emphasized that “like

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Do Our Ethics Rules Impair Access to Justice?

The end of summer is quickly approaching and the PBEye has one last pro bono-themed reading suggestion for this season.  In case you missed it, The National Law Journal featured an article by PBI President and CEO Esther F. Lardent about the intersection of current ethical rules and pro bono service. Do you think our ethics framework has kept pace with changes in law practice, access to justice, and pro bono service?  Read how, in our view, regulations that impede access to justice and roadblocks caused by outdated and impractical ethical rules, such as limitations on multijurisdictional practice, restrictive student practice

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