Craig Hill
KC Hill
Paladin
Oracle of DelphiWhat is Pro Bono ?
June 7th 2006 08:24
from www.morguefile.com
No No No. As a friend of mine once said, we're not talking about the lead singer of U2 here. The term “pro bono” is derived from the Latin word “pro bono publico” which means for the public good. Lawyers who provide legal assistance and advice for free or at a reduced cost are said to engage in pro bono work. But the definition is the subject of much debate in the legal world where the term can mean different things to different people.
Does pro bono involve only free advice? Does it include representation in court? Does it include non-litigious matters? These are the questions that plague legal minds. But let it not plague yours. The reality is that there is no universally accepted definition of pro bono. We can only look to various sources to obtain guidance on the matter.
For example, the Law Council of Australia has provided the following definition of pro bono as situations where:
1. a lawyer, without fee or expectation of a fee or at a reduced fee, advises and/or represents a client in cases where:
(i) a client has no other access to the courts and the legal system; and/or
(ii) the client’s case raises a wider issue of public interest; or
2. the lawyer is involved in free community legal education and/or law reform; or
3. the lawyer is involved in the giving of free legal advice and/or representation to charitable and community organisations.
Apart from the definitional debate, there is also much discussion as to whether pro bono work should become mandatory for legal practitioners. Should this happen, no doubt the public perception of lawyers would improve, lawyers themselves would feel that they are actually doing good for the community and most importantly, people who do not have access to the justice system because of the simple fact that they cannot afford it will have more avenues open to them to pursue legal matters.
However, not everyone wants to be forced into doing free work. Small firms and private practices for example, often do not have the time or the resources to contribute to the pro bono schemes. And how many hours a week would legal practitioners be expected to contribute?
In the US, a pro bono target has been implemented. This involves aiming to commit a certain number of hours a year to pro bono work. The scheme maintains the voluntary quality of pro bono work by not making it mandatory and also encourages practitioners to aim for their targets, usually about 50 hours a year. In the grand scheme of things, doesn’t that sound pretty fair?
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