I think the big reality that this article overlooks is that the attorneys were, in fact, also impacted by Katrina. I am an attorney in New Orleans. My firm is very small - two partners, two senior associates, four juniors. Out of those attorneys: one is still in a FEMA trailer waiting on his house to be rebuilt, one is living with her parents, son, three brothers, and four nephews in a three bedroom house, and one finally got to move into her house last month.
We just got the files from our old office back from the "reconstituting" service two months ago. Approximately a third of our files couldn't be salvaged. We're still trying to track down parties, witnesses, opposing counsel, and yes, clients. Getting paid by clients is like pulling teeth, and a lot of the big businesses are moving to greener pastures.
On top of dealing with day-to-day life, attorneys have a billable hour requirement. Generally 2000 a year, which averages out to 8.3 hours a day. I have to spend between 10-12 hours a day in the office to meet that. In order for attorneys to volunteer for a public defender position, either the attorneys will have to do it in their (limited) free time, they will have to do it on firm time, fail to make billables and get fired, or the firm will have to take a hit in the profits.
Speaking from a fiscal standpoint, starting public defenders make approximately $30,000 a year here. Starting DAs just got a raise to $35-40,000. A starting first-year associate ad a mid-level firm in New Orleans can expect $55-75,000 starting out. Not really a hard decision to make, especially when you consider what a hard, thankless job being a public defender OR a DA is.
Expecting attorneys to volunteer their time to shore up a crumbling system is not only naive, it's also a quick, temporary fix to a larger problem. In order for the system to work correctly (and lets be honest here, it was never a hotbed of efficiency) there has to be a change in the system itself. Right now, revamping the criminal justice system doesn't seem to be too much of a priority for the City. Depressing, but true.
Sure it would be nice for the larger firms to join together in a large display of philanthropy and donate time and manpower to the city. It would also be nice if Entergy New Orleans would stop doubling my electric bill every month to cover the cost of their bankruptcy. What are the odds either is going to happen?