Abstract
This paper focuses on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. Law as a vehicle for necessary positive change in the daily lives of South African residents is pertinently considered within the country’s woefully unequal socio-economic climate. This paper considers the role which pro bono work by private attorneys is playing and should play in promoting a more just and equitable society through proper access to justice. It explores the current position in South Africa as well as the position in selected foreign jurisdictions regarding pro bono services by attorneys in private practice in civil matters. Part of the discussion focuses on the question of whether pro bono work should be voluntary or mandatory. The merits of introducing a pro bono obligation are critically analysed by looking at the effect on both legal practitioners as well as those receiving the pro bono services. Having defined pro bono work, the practical need for pro bono work by lawyers in private practice is highlighted due to the dearth of legal aid in civil matters for indigent South Africans. Possible constitutional imperatives for the provision of free legal services in civil matters are highlighted. An important part of the paper is a reflection on some of the pro bono work being conducted by private firms of attorneys. The paper concludes with suggestions on means for establishing a more effective pro bono system in South Africa.KEYWORDS: legal service delivery; indigent; attorneys; pro bono; civil matters; private practice; constitutional; South Africa; socio-economic; access to justice; foreign jurisdictions; voluntary; mandatory; legal aid; free legal services
Highlights
Our law and legal system can and should be a vehicle through which the lives of all those resident in South Africa are enhanced through the protection and promotion of the rights guaranteed in the Bill of Rights.[1]
Even on the basis of the High Court tariffs it is immediately apparent that access to a lawyer in civil matters is for well-off South Africans only
Pro bono work is something to support; the question remains what is the best form for pro bono work to take? There is some major opposition to the introduction of a mandatory pro bono requirement in South Africa, even though there are some notable exceptions within a small number of large law firms
Summary
Our law and legal system can and should be a vehicle through which the lives of all those resident in South Africa are enhanced through the protection and promotion of the rights guaranteed in the Bill of Rights.[1] This paper will focus on legal service delivery for the indigent by attorneys in private practice acting pro bono in civil rather than criminal matters. In this regard there have been and continue to be considerable gaps between the proper access to the civil justice imperatives of constitutional South Africa and the status quo which has existed from the advent of a democratic South Africa until the present. There has been considerably less case authority and academic analysis on legal aid for the indigent in civil matters.[13]
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