Thank you, Tom Black.

This article was published in the Summer 2025 issue of The Federal Lawyer.

Dear Members:

By the time you read this, I will be concluding my term as President of the Federal Bar Association. In fact, by the time you are reading this, I hope that we are all celebrating (or, will soon be celebrating) in the wonderful city of Minneapolis for the FBA’s 2025 Annual Meeting!

Perspective is an interesting concept.  In the throws of a journey, it is often difficult to appreciate where we have been and where we are going.  However, as I conclude my journey as President of the FBA, I can see just how challenging and rewarding this year was.  Like many of you, I was taught to leave things better than when I found them.  I am delighted to report that WE have done so.  Our membership continues to increase.  The efficacy of our advocacy is incredible. Our camaraderie and fellowship are at their zenith and are certainly a testament to each of you.  It is humbling to look back on this year and to realize what we have accomplished.  Truly, the credit for all of our accomplishments is yours (the members) and that of our incredible staff.

When we condense our mission to its simplest form, it is clear that we seek to provide service; service to our members, service to our judiciary, and service to our clients.  So, it is particularly fitting that I end my term as FBA President with the theme of pro bono representation.  The difficulty with pro bono practice is that it is easy to talk about, but hard to perform. In fact, just this year the American Bar Association reported nearly 20% of attorneys have NEVER undertaken pro bono service.[1]

Humbly, I hope this message encourages each of you to continue to give of yourselves in the pursuit of this noble mission.  Why?  Because pro bono representation increases access to justice. Equal access to the law is a pillar of our democracy and your service helps ensure that this equal access is maintained. Pro bono representation helps the least of us. But for your sacrifice, victims of domestic violence, immigrants seeking asylum, children, and the elderly (just to name a few) would have no recourse and, frankly, no hope to navigate the crushing challenges they face. Pro bono service also materially assists the courts before which we practice and aids in the orderly administration of justice. It also improves the communities in which we live. Most importantly, it is good for you and provides the much-needed perspective that drives fairness in the law. This has certainly been true for me.

I learned about the importance of our pro bono obligation as attorneys in many places during my career, but none more so than when I represented Tom Black[2].  I first met Tom in a jail cell in southwest Ohio. I was appointed to represent Tom in relation to the handwritten habeas corpus petition he wrote from his prison cell, where he had resided for 8 years before we met. I was Tom’s fifth appointed attorney and I think Tom would agree that when I first met him, he did not like me and he did not trust me. I needed to earn his trust. Facing an additional 14 years on his sentence, I met with Tom nearly every month for three years.

Tom’s case was challenging.  As a commercial litigator, habeas corpus representation was not one of my specialities. Admittedly, I was uncomfortable. I was uncomfortable because I had competing commitments to my firm and my family.  But I owed Tom a duty to provide the very best representation I could muster.  His case was filled with highs and lows. We experienced nearly every emotion together. And, when we secured Tom’s freedom at the end of my representation, affording him the ability to have a meaningful relationship with his family and to become a contributing member of society, tears were shed (mostly mine) and hugs were exchanged.

I will remember Tom and his case for the rest of my life. When my last day of practice finally comes, his case will be the one I remember most. Everyone who worked on Tom’s case made sacrifices, sacrifices (generally) of time, sacrifices of time with family, and sacrifices of the ability to work for other clients not on a pro bono basis. But with sacrifice (again), comes perspective.

I wrote earlier that the pursuit of our pro bono mission can be, at times, uncomfortable. But, we need you to be uncomfortable.  Indeed, we need you start being comfortable with being uncomfortable.  You, as attorneys, will be better for it and so will our communities.  So, I ask all of you to start getting uncomfortable. Make your work count. Our communities need it. You need it. I need it.

It has been my honor to serve as your President and I am beyond excited to see all of the incredible contributions that will be made by the Honorable Karoline Mehalchick when she assumes the role as President later this year.

Thank you and be well,

Glen McMurry

[1] https://www.americanbar.org/groups/probono_public_service/research_pro_bono0/

[2] Tom Black is not his real name.