Pro bono

Lawyers generally get a bad press, but few laymen are aware of the hundreds of hours that many solicitors put into helping people with their legal problems, free of charge. In this article Lucy Trevelyn explores pro-bono opportunities for junior lawyers, and looks at how you can get involved.

Access to Justice

The Pro Bono movement has been brought the fore recently by the launch of the Access to Justice Foundation. A scheme established by s 194 of the Legal Services Act 2007, it allows courts to order someone who loses a case against a party with pro bono help to pay what they would have had to pay in costs to the foundation. Until now such a losing party would have had no costs liability. Regional legal support trusts are also being created to help distribute the cash to advice agencies and law centres.

Michael Napier CBE, QC, the Attorney-General’s Pro Bono Envoy, says the scheme will offer a further strategic dimension to the magnificent contribution of the legal professions in giving free legal help to those who cannot afford to pay.

He says that whether they are at law school or in the early years post-qualification there is ample opportunity for young lawyers to show that their involvement in pro bono is part of being a lawyer. Law Society president, Paul Marsh agrees, adding that pro bono work is beneficial not only to the recipient of the advice but also to the lawyer giving it. "Pro bono can provide excellent developmental opportunities both in terms of legal knowledge as well as core skills such as client care and case management" he says.

Finding the right project

Pro bono is increasingly popular with young lawyers and more law firms are seeing the benefit of the training and experience in different legal areas which pro bono work provides to its lawyers – plus the good PR that a pro bono-providing firm can garner. One advantage of finding a pro bono project through your firm is the ability to discuss the issues with other solicitors. It is also important to ensure you are covered by professional indemnity insurance.

Some firms, however, actively frown upon their lawyers giving pro bono advice. Such discouragement shouldn’t put lawyers off though, says Kevin Poulter, a Junior Lawyers Division executive committee member who organises the Young Lawyer Pro Bono Awards. There are a huge range of pro bono opportunities for young lawyers to get involved in outside of their firms, which are all managed in different ways.

Pro bono legal advice centres and law clinics have been established all over the country and advise on a variety of legal issues, including filling in application forms, dealing with local authorities, advising people of the legal complications and consequences of their position or accompanying a client to a hearing. Many law firms run such clinics and are happy to take volunteers from other firms, as do most law schools, for example The College of Law’s Streetlaw scheme. Search for your nearest scheme via the internet or your local law society, and give them or call or pop in for a chat.

Alternatively, If you hear of a project that interests you try contacting the project co-ordinator directly for more information, and details of how to get involved. You can also visit the Pro bono UK website to find a project which best suits you.

Pro Bono agencies are another source of information and support, such as
Prohelp, the Free Representation Unit, the Bar Pro Bono Unit and LawWorks.

LawWorks, for example, has dozens of members comprising law firms and in-house legal departments and matches up those in need with those willing to provide the help. It runs a series of projects including clinics, advice over the web and a mediation service, and provides free business law advice to community groups and small not-for-profit organisations. Lawyers can also access free accredited training in areas of law outside their experience. LawWorks chief executive, Rebecca Hilsenrath, advises young lawyers from member firms to contact their firm’s pro bono coordinator if they’d like to get involved.

Maintaining standards

All firms and other organisations undertaking pro bono work are encouraged to sign up to the Pro Bono Protocol which is based on the principle that pro bono work should be carried out in the same way, and to the same standards, as fee paying work. The protocol is designed to ensure that the supervision and responsibility under which a lawyer operates for pro bono work should not be any different to those of fee-paying activity.

Trainee solicitor Harriet Bastiani volunteers though her firm, Gotelee and Goldsmith, at the Law Advice Centre held at the Ipswich and Suffolk Council for Racial Equality (ISCRE). The centre is open every fortnight and works on a rota based system. ISCRE take the details of legal query when the client telephones or pops into the centre. The details are then sent to the volunteer in advance of the appointment so that solicitors and trainees can consider the legal issues in advance of the appointment. Each volunteer sees four clients for one half hour appointment.

Bastiani has advised on a various areas, including family, litigation and employment matters, and thinks there is an advantage to finding projects through your firm. “Trainee solicitors are encouraged to discuss the issues with qualified solicitors within the firm” she says. “The first appointment is held during office hours and the others are outside of office hours, there is therefore no requirement for the hours to be logged, although we do keep records of all the appointments.”

Managing your time

Young lawyers, of course, often work long hours for their firms, so how should a would-be pro bono worker decide how much time to give up?

Kevin Poulter says the simple rule is that you should only ever commit to the time you are happy to be involved. “Any help will be appreciated from volunteers and you should not feel pressured into getting involved more than you feel you are able to. If you can only manage two hours every month then that is all you should do.”

It can be tricky for a lawyer to fit pro bono in with their day job but many advice surgeries and projects run in the evenings, while other projects involving research can be done at any time. Poulter says the main thing is to be realistic and not to promise things you cannot deliver.

He stresses that when providing pro bono advice you should never give advice you are unsure of or cannot commit to. “No one is expecting you to have all the answers - least of all the project coordinators. There will usually be a number of people around all of whom have different specialisms and degrees of experience and knowledge. If you feel out of your depth or uncomfortable, say so!”

The pro bono co-ordinator for Lovells, Yasmin Waljee, says pro bono matters must be treated in the same way as normal fee paying matters, with hours being recorded in the same way. The number of hours devoted to pro bono work will vary with the complexity of the issues involved.

“The aim is to balance fee paying work commitments alongside pro bono commitments but obviously there will be times when the pro bono matter will need to be dealt with urgently when for example a tribunal is scheduled." she says."It is a matter of being flexible and working with the partners and associate supervisors around planning for the pro bono commitment."

Case study - Lovells

Pro bono projects at Lovells are managed by the pro bono team and the supervising partner or associate. Junior lawyers are given substantial responsibility to determine legal strategy, the approach to be taken and arguments to be advanced in conjunction with their supervisor and/or a member of the Pro Bono team.

The firm has five solicitor advocacy schemes: War Pensions Tribunal work with the Royal British Legion; Criminal Injuries Compensation case work for victims of crime, trafficking and forced labour; duty Solicitors schemes at Bow County Court to defend warrants of eviction, and representation for victims of domestic violence to allow them to seek injunctions to stop their abuse. Volunteers can also undertake legal research for international NGOs and non-contentious work for charities, not-for-profits and social enterprises.

The firm also works with the National Centre for Domestic Violence and the Women's Trust to provide pro bono assistance to domestic abuse victims ineligible for legal aid. Since 2006 the firm has advised and represented almost 100 clients with obtaining urgent injunctions.

A recent case involved Ms B, who had been attacked and injured by her abusive husband following the serving of divorce papers. On his release from prison, Ms B was afraid of further attacks against herself or her children after seeing him parking outside her house. In a team led by newly qualified litigation associate, Emma Higgs, Lovells represented Ms B to obtain an injunction against him, and supported Ms B throughout court proceedings which were complicated by the fact that the ex-husband’s whereabouts were unknown. Based on a volunteer's submissions and advocacy before a district judge, a permanent Non-Molestation Order was obtained.

These results speak for themselves. The most satisfying thing about doing pro bono work, Kevin Poulter says, is "a thank you, a smile, a relationship with the client”. He adds: "You should also take pride in the work you are doing and in the knowledge that you are helping someone who otherwise would not have had access to your services."