Pro Bono Publico Research Articles

Bantuan Hukum “Pro Bono Publico” Dalam Pemenuhan Hak Memperoleh Keadilan Dan Persamaan Di Muka Hukum Di Provinsi Jawa Timur

Abstract. Law enforcement in Indonesia is complex and not easy. Since the Legal Aid Law was passed in 2011, various hopes have begun to emerge for the development of a legal aid system that can be accessed by all groups of society, especially the poor (poor). However, along the way, there are still many weaknesses and need significant improvement. Therefore the problem is how to implement the provision of free legal aid (pro bono publico) by the local government for the poor in East Java province; as well as how the coordination between the Regional Government of East Java Province and the Regional Office of the Ministry of Law and Human Rights of East Java as providers of legal aid in the regions. This research method uses a qualitative approach that is descriptive. Then carried out a qualitative analysis of the substance and context of the research from the aspect of human rights. The practice of providing legal aid to the poor in East Java Province is still experiencing obstacles, including the lack of socialization regarding the provision of legal aid to the poor, the minimal number of Legal Aid Organizations (OBH) in providing legal aid, the amount of legal aid costs is insufficient in the process at the trial, as well as administrative requirements related to the Certificate of Disability (SKTM) which was misused by several individuals and did not match its purpose.

Breach of Trust: Proposing a Business Accreditation for “Probono Publico” Media

Breach of Trust: Proposing a Business Accreditation for “Probono Publico” Media

Bantuan Hukum Pro Bono Publico dalam Pemenuhan Hak Memperoleh Keadilan dan Persamaan di Muka Hukum di Provinsi Jawa Timur

Law enforcement in Indonesia is complex and not easy. Since the Legal Aid Law was passed in 2011, various hopes have begun to emerge for the development of a legal aid system that can be accessed by all groups of society, especially the poor (poor). However, along the way, there are still many weaknesses and need significant improvement. Therefore the problem is how to implement the provision of free legal aid (pro bono publico) by the local government for the poor in East Java province; as well as how the coordination between the Regional Government of East Java Province and the Regional Office of the Ministry of Law and Human Rights of East Java as providers of legal aid in the regions. This research method uses a qualitative approach that is descriptive. Then carried out a qualitative analysis of the substance and context of the research from the aspect of human rights. The practice of providing legal aid to the poor in East Java Province is still experiencing obstacles, including the lack of socialization regarding the provision of legal aid to the poor, the minimal number of Legal Aid Organizations (OBH) in providing legal aid, the amount of legal aid costs is insufficient in the process at the trial, as well as administrative requirements related to the Certificate of Disability (SKTM) which was misused by several individuals and did not match its purpose.

In Search of Europe’s Phantom Public. “Public-ness” and the European Union

The notion of is making an unexpected yet impressive comeback. After decades of neo-liberal policies where State failures and irrationalities were systematically pointed out and the superiority of private management consistently affirmed, authority and intervention again appear as the inescapable solution to the most daunting issues of our times, particularly at the EU level. As the environmental emergency is making its way through our minds and the challenge raised by the accumulation of private authority in the hands of a limited number of multinational corporations becomes clearer every day, many call for stronger regulations-in areas of data privacy, tax fraud, environment, health standards, and others-and a staunch relaunch of investments, evidenced by the many versions of the Green New Deal. With the dys-topia of a fully private vision of the future diffusing in popular culture series and novels, notions of the common and the public are making a striking return in our democratic conversation. Interestingly, these calls for the rearmament of Europe's capacity parallel our increasing sensitivity to the receding publicness of EU decision-making under the pressure of intense lobbying and revolving door mechanisms. Documentaries and journalist investigations have diffused a critical vision of an EU deemed incapable of evading the pressure of business stakeholders while providing a solely marginal place to the interests of citizens. Whatever one thinks of the diagnosis , they are proof of a growing awareness, particularly among younger generations, that the dividing line between the and the private is not any social or professional border, and that its robustness conditions political sovereignty, equality, citizenship, and ultimately, democracy itself. And yet, such a comeback finds us unprepared. The lexicon that we continue to use routinely is still the same as thirty years ago, as if the realities that this compass was supposed to capture-public-sphere, good or goods, interest, utilities, service public, and others-had not been profoundly turned around by three decades of neoliberal policies. Short of an overall reassessment of both the map and the territory of the public, we run the risk of using it as an empty signifier, or even a mere buzzword. Strikingly, pseudo-notions of the interest do, in fact, blossom today, such as corporate social responsibility, pro bono publico, philanthropy, and more.

Ethics in Pro Bono Practice

There has been much academic debate about the ethical desirability of the profession to engage in pro bono work. This paper considers the connections between legal work which is performed pro bono publico and the concept of professionalism. It then considers the importance of the establishment of the lawyer-client relationship in a pro bono situation, and various practical realities of operating a pro bono file. The paper argues that the ethical framework within which lawyers operate is equally relevant when legal practitioners are performing work for no fee, and refers to some of the specific duties which can be particularly relevant including the duty to obey instructions and the duty to continue to act. Consideration is also given to the entitlement to costs (in Australia). The paper concludes by suggesting that lawyers have a tendency to look to the “Rules” for answers in relation to ethical dilemmas, but there are no specific rules for pro bono work. There is no definitive list that states what is the right or wrong thing to do. Ethical reasoning can only ever derive from a consideration of what is fair and just in the circumstances, regardless of whether or not the client is paying you.

Pro bono lawyering: personal motives and institutionalised practice

ABSTRACTThis article examines the personal values and private motivations of legal practitioners who engage in the provision of legal services pro bono publico. It analyses the results of a 2014 empirical study of lawyers in Queensland, Australia, who regularly undertake pro bono work. The findings suggest strong moral and professional motivations for engaging in pro bono legal practice, as well as a distinct ‘community of practice’ of large law firms in forming and sharing sophisticated structures and approaches to addressing social justice needs. However, the study also revealed a range of potential drawbacks arising from the dominance of the large law firm sector in this field. In addition, respondents from small firms and sole practitioners indicated the many ways in which they are excluded from the pro bono community. The article draws on US scholarship which urges us to think about the ‘content and impact’ of pro bono work to achieve real outcomes and to address the widening gap in provision of legal assistance created by decreasing government funding. We conclude that a particular sensitivity to the context of practice is needed in our conception of pro bono practice.

DISCRIMINATORY POLICY OF THE INDONESIAN GOVERNMENT TOWARD ADVOCATE AND POOR PEOPLE, FUNDING SOLUTION FOR LEGAL AID

Constitutionally, obtaining legal aid for the poor is a right, whereas for advocates, legal aid is an obligation. The rich can select the desired advocate, while the poor should be defended by an advocate under the principle of pro bono publico. Legal aid for the poor is the answer to the principle of equality before the law. Although the poor have a right to be defended by an advocate, some of them do not get legal aid, due to either the factor of the advocate or the poor themselves who do not have access to justice. Government policy to allocate legal aid funds in the Ministry of Law and Human Rights only to accredited legal aid institution further complicates the procedures of legal aid obtaining, both for the poor and advocate. This government discrimination should be ended by removing the policy and seeking legal aid fund alternatives by exploring the resources available in the community, both private institutions and the having individuals.

A Study on Possibilities and Issues of Pro Bono Publico Services by Small and Medium Enterprise Management Consultants

A Study on Possibilities and Issues of Pro Bono Publico Services by Small and Medium Enterprise Management Consultants

Getting Back to the Sandbox: Designing a legal policy clinic

<p>This article will analyze contemporary educational psychology in an attempt to: (1) determine whether a sandbox can and/or should be added to the law school curriculum; (2) describe a constructivist learning environment with the goal of providing law students self-selected pro bono publico projects that may help internalize a life-long goal of public service; and, provide an interdisciplinary model that is feasible both in the large university law schools and in small and/or free-standing law schools. The second half of the article will describe my attempts to build a sandbox model into my Legal Policy Clinic.</p>

Lawyering for Social Change: Pro Bono Publico, Cause Lawyering, and the Social Movement Society

Over the past few decades, large law firms have increasingly integrated social movement causes and organizations into their pro bono practices. In this article, I examine the field of pro bono representation and examine the various types of organizations and social movement causes that receive large-firm representation. I find that large firms represent a range of social movement issues and that this shift has increased over time. My findings support the "social movement society" thesis that movements have increasingly become integrated within mainstream institutions and have expanded to include new constituencies and claims. However, I also find that large firms channel their resources toward some issue domains over others, indicating uneven representation across the contemporary pro bono field.

Pro Bono Work vs. Legal Aid: Approaches to Ensuring Access to Justice and the Social Responsibility of the Attorney

ABSTRACT In many jurisdictions middle- and low-income individuals obtain only a relatively modest share of lawyers’ services. In a society ruled by law, every person should be able to expect key principles of justice to apply. Among the most important dimensions of a right to a fair trial is the right to equal access to an attorney. After all, the attorney is not merely a commercial actor but also represents the legal system. Access to an attorney is a key step in providing justice in practice. Many states have developed programs of legal aid which aim at providing those who are in need of legal assistance but cannot afford to pay for legal services with a way to receive legal services. Scientific literature distinguishes various forms and instruments of legal aid: the court appointment of lawyers, free or low cost legal aid provided by public agencies and charitable and fraternal organizations, sometimes mixed with legal expenses insurance, contingency fee and the free services of lawyers who are serving probono publico. From the perspective of practicing attorneys, this article presents and compares existing systems of legal assistance in Lithuania and Germany, and their availability and effectiveness, in order to answer the question whether the social responsibility of attorneys and access to justice is obtained.

Pro Bono Publico as a Conscience Good

Three social psychologists who have spent decades studying volunteerism have depicted volunteering this way: People participate in volunteer work in the face of substantial obstacles - it is effortful, it is work and work performed on an unpaid basis, it is time consuming, and it involves interactions with strangers. Some volunteers engage in work that is clearly trying. Thus their research question has been: Why would anyone volunteer?

The Public Interest, Professionalism, and Pro Bono Publico

The Public Interest, Professionalism, and Pro Bono Publico

Fighting addiction's death row: British Columbia Supreme Court Justice Ian Pitfield shows a measure of legal courage

The art in law, like medicine, is in its humanity. Nowhere is the humanity in law more poignant than in BC Supreme Court Justice Ian Pitfield's recent judgment in the legal case aimed at protecting North America's only supervised injection facility (SIF) as a healthcare program: PHS Community Services Society versus the Attorney General of Canada. In order to protect the SIF from politicization, the PHS Community Services Society, the community organization that established and operates the program, along with two people living with addiction and three lawyers working for free, pro bono publico, took the federal government of Canada to court. The courtroom struggle that ensued was akin to a battle between David and Goliath. The judge in the case, Justice Pitfield, ruled in favour of the PHS and gave the Government of Canada one year to bring the Controlled Drugs and Substances Act (CDSA) into compliance with the country's Charter of Rights and Freedoms. If parliament fails to do so, then the CDSA will evaporate from enforceability and law in June of 2009. Despite the fact that there are roughly twelve million intravenous drug addiction users in the world today, politics andprejudice oards harm reduction are still a barrier to the widespread application of the "best medicine" available for serious addicts. Nowhere is this clearer than in the opposition by conservative Prime Minister Stephen Harper and his faithful servant, federal health minister Tony Clement, towards Vancouver's SIF ("Insite"). The continued angry politicization of addiction will only lead to the tragic loss of life, as addicts are condemned to death from infectious diseases (HIV & hepatitis) and preventable overdoses. In light of the established facts in science, medicine and now law, political opposition to life-saving population health programs (including SIFs) to address the effects of addiction is a kind of implicit capital punishment for the addicted. This commentary examines the socio-political context of the legal case and the major figures that contributed to it. It reviews Justice Pitfield's ruling, a judgment that has brought Canada one step closer to putting a stop to addiction's death row where intravenous drug users are needlessly, for political and ideological reasons alone, forced to face increased risks of death due to AIDS, hepatitis and overdose.

Priming for Pro Bono Publico: Inculcating a Norm of Public Service in New Lawyers

The paper explores pro bono by new lawyers as a form of professional volunteerism, relying on data gathered from 1,000 law students and lawyers. The paper first presents social science insights into volunteerism outside the law, including the psychology of helping, sociologists' insights into the social context of volunteering, and economists' analysis of conscience goods. The paper then presents data from two major surveys: recent law school graduates and students in Professional Responsibility courses. The study includes (1) individual attitudes, including approaches to moral reasoning, attributions related to poverty, and community orientation; (2) the impact of law school, including skill building and comparisons to family and religious influences; and (3) the role of the profession, including the impact of professional responsibility rules and invitations to participate.

Higher ground: ethics and leadership in the modern university

Acknowledgments vii Introduction 1 Part I. Articles and Speeches Collaboration and Leadership: Are They in Conflict? 37 The University in the Twenty-first Century 52 The Mission of the Research University 59 Pro Bono Publico: Institutional Leadership and the Public Good 84 Moral Education in the Modern University 98 More Power to the President? 112 The American Campus: From Colonial Seminary to Global Multidiversity 120 ACE Address: The Atwell Lecture 140 The Liberal Arts and the Role of Elite Higher Education 157 Say You Want a Revolution? Well ... 178 When Should a College President Use the Bully Pulpit? 187 Are We There Yet? 192 Part II. Duke University Addresses Opening Convocation Address 209 Inaugural Address 218 The University of the Future 229 Address to the Faculty 241 Threats to Academic Freedom 250 Founders' Day Address 253 Notes 263 Index 277

Care in the community: Professional Ethics and the paradox of pro bono

This study is primarily concerned with accounting's claim to be a profession and aims to stimulate further discussion on the kind of education that one would imagine should be commensurate with this claim. In particular, the study reports on a seminar that was designed to introduce students to the concept of a profession. The study describes a visit to one of Glasgow's toughest housing estates. The visit concluded at Ruchill Unemployment and Community Centre where the managing director of a local development agency discussed how some local accounting practices occasionally provided pro bono services in the area. The study picks up on some of the issues discussed during this seminar in order to explore the potential of pro bono publico and Service Learning as ways of educating accounting professionals in the wider concept of public interest. The study concludes by considering the critical educational potential of service learning in undergraduate education and pro bono publico within the area of continuing professional development.

A Unique Preclinical Experience: Concur rent Mock and Pro Bono Clinics to Enhance Student Readiness

Background and Purpose. Pro bono physical therapy services have become an integral aspect of community service due to recent changes in health care reimbursement limitations. Physical therapist educators are expected to introduce their students to the concept of social responsibility and human service activities. Model Description and Evaluation. pro bono clinic was designed to meet critical needs of the physical therapist students at our academic institution, as well as patients within the community. This clinic introduced the students to patients and the roles and responsibilities of patient care prior to their first clinical educational experience, which helped to relieve anxiety, promote professional socialization, and enhance retention of learned materials. Students participated in a mock clinic within the pro bono setting where they assumed the roles of patient, physical therapist, and peer evaluator. Within this mock clinic, students were required to present assigned patient diagnoses in a grand rounds formal, which helped to reinforce didactic knowledge and enhance verbal and written communication. Outcomes and Discussion. Students gained exposure to the clinical setting itself, experienced the patient-physical therapist relationship, and interacted with their peers and faculty members. The patients not only received treatment without cost, but they benefited from the time with the students as they educated them on their pathologies and functional limitations. Faculty benefited from becoming role models the students, improving relations and communication with the students, and observing and mentoring the students in a small group setting. Conclusion. Limitations implementation of this clinic were minimal. It is anticipated that this unique model will enhance students' clinical performance, provide faculty with clinical practice opportunities, and fulfill the health care needs of the community. Key Words: Pro bono, Mock clinic, Faculty-student clinic. BACKGROUND AND PURPOSE Due to recent changes in the health care system, many individuals are unable to afford adequate insurance coverage. This has affected individuals of all ages, especially those self-employed and unemployed. Those employed utilizing managed health care have seen a reduction in the types and numbers of reimbursed services. Within physical therapy, this reduction in the number of allowable visits has held the patient accountable financially, when and if they want to extend the length of their nonreimbursable treatment. For those patients with chronic conditions, health care coverage is inadequate to address their long-term needs.1,2 These needs, both rehabilitative and preventative, can be addressed through pro bono services. Pro bono publico (Latin for the public good) service is an age-old concept under which goods or services are given at a small fee or free of charge to those who cannot afford them.3 This provision of free services is strongly supported in the legal and health care professions. The American Physical Therapy Association (APTA) Code of Ethics, Principle 10, states A physical therapist shall endeavor to address the health needs of society,4 while the APTA Guide Professional Conduct, Principle 10.1, states, A physical therapist shall render pro bono publico (reduced or no-fee) services to patients lacking the ability to pay services, as each physical therapist's practice permits.5 Changes within the health care system have also affected the environment within physical therapy clinics. The current increased pace within the clinical facilities requires the novice physical therapist (PT) practitioner to be adaptable and flexible to accommodate to the fluctuating clinical demands. Because of the expansion in physical therapy scope and domain of practice, the traditional organizational box that defined who PTs are, what they do, and where they practice has been altered. …

Pro Bono in Principle and in Practice

This article provides the first systematic survey of the factors that influence American lawyers' pro bono work. The study includes both a comprehensive review of the literature on altruism in general and bar contributions in particular, as well as responses from a sample of some 3000 attorneys. Three groups of practitioners participated in the survey: lawyers who graduated from six schools that had different approaches to pro bono work; recent individual and law firm winners of the American Bar Association's annual Pro Bono Publico Award; and large law firms for which annual pro bono data are publicly available. The study's findings include information on the backgrounds and pro bono contributions of the responding lawyers, their workplace and law school experiences, and their perceptions concerning influences on public service involvement. These responses, together with other research on charitable participation, suggest changes in workplace and law school culture that can more effectively translate public service principles into professional practices.

Pro bono and Young Solicitors: Views from the Front Line

The value of pro bono publico services provided by the legal profession in the United Kingdom has continued to attract attention. Academic interest has focused upon the ethical context of pro bono work and the interplay between social and professional motivations behind the resurgence of interest in it. 2 One of the reasons sometimes advanced is the inherent altruism of the young. It has, however, been argued that altruism is insufficient unless there is organisational firm-based support for pro bono publico. 3 Further it has been suggested that other pressures, for example commercial pressure on large law firms, are more significant to pro bono uptake by young solicitors. 4 This article outlines the results of quantitative research into the legal services provided pro bono publico by young and trainee solicitors or pro bono according to the definitions advanced by young solicitors themselves. It considers issues of definition, performance and motivation across a range of solicitors firms, from legal aid to large commercial practices. Finally, it addresses the issue of what motivates young lawyers to provide free services and what steps might be taken to increase participation.