Abstract
Pro bono is a significant component of one of the many professional obligations a lawyer has to fulfil for the public good. It is evident that this is acknowledged by not only those who practice law, but those who are training to be a lawyer and by the professional bodies. Despite this acknowledgement there is a clear disconnect between the importance placed on delivering pro bono services and the actual delivery of the same. There have been previous suggestions that in order to increase the commitment to pro bono work, there is a need to mandate its delivery. However, the notion of mandatory pro bono work has always been dismissed and therefore it is now appropriate to consider other ways in which a commitment could be encouraged and adopted. This paper will consider the reasons why the profession, at all stages, considers pro bono to be such an important social function and whether such motivations are sufficient to sustain a commitment throughout a lawyer’s career. Such considerations will be made from the perspective of a solicitor in England and Wales, as this is connected to the author’s own pro bono experience. The paper will also consider why there is a disconnect, and what the rationale is for non-participation in pro bono work once in practice. It will consider the key barriers to full participation and recommend action that ought to be taken in order to develop a pro bono culture and therefore commitment.
Highlights
Pro bono is considered to be an important element of being a lawyer, it sets the profession apart from others and it is acknowledged that lawyers have a professional obligation to support and deliver pro bono services
Pro bono work is delivered on a voluntary basis,[2] in an ad hoc manner and it is unclear the extent to which such services are being delivered
What is clear is that throughout the various stages of legal practice, from student to retirement, there is an understanding that lawyers should provide pro bono services
Summary
Pro bono is considered to be an important element of being a lawyer, it sets the profession apart from others and it is acknowledged that lawyers have a professional obligation to support and deliver pro bono services. It is suggested that if we continue to have a purely aspirational approach to pro bono obligations, as is currently the case, there will be insufficient participation as a result.[3] Statistics demonstrate that commitment to pro bono work amongst the profession remains low.[4] This paper will explore the tension between this disconnect It will consider the motivations of higher education in exposing students to pro bono work, and the impact that this may have on the student’s future commitment to such work. The paper will consider the actual contribution by the profession, namely practising solicitors, and what barriers may exist that could prevent participation It will provide recommendations of the steps that need to be taken in order to begin to address the disconnect. Such recommendations include widening the definition of pro bono so as to include the actual perceptions by the profession of what pro bono might entail; introduce a requirement of mandatory reporting of contributions to pro bono work by the profession; and to commence a cultural change in the view taken by the profession as a whole to pro bono work versus billable hours
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