The Safe Passage Immigration Project is a unique pro bono model. We are part of the Justice Action Center of New York Law School. The project’s co-directors are Professor Lenni B Benson and Adjunct Professor Lindsay A Curcio. Safe Passage trains and mentors pro bono attorneys to represent children needing immigration assistance.
A recent study found that an estimated 43,000 unaccompanied illegal immigrant children were removed from the US in 2007 and that 50 to 70 percent of unaccompanied minors who appeared before an immigration judge that year did so without legal representation. [Read a PDF of the report here.] Some of these children are escaping abuse or political turmoil in their home countries. Others have been victims of smugglers or trafficking. In some situations, children have lived most their lives in the US unaware that their parents or guardians failed to secure a legal immigration status for them. While these children are entitled to counsel in immigration proceedings, the federal government does not provide this legal representation as immigration is a civil matter.
US immigration laws provide special relief for some, but not all these children. Special Immigrant Juvenile Status is extraordinary relief leading to permanent residence for eligible children, teens and young adults under the age of 21. The Safe Passage Immigration Project helps social service providers, foster care agencies and non-profit organizations screen juvenile populations and identify immigration issues and relief available to these children. Safe Passage brings together pro bono attorneys, including New York Law School alumni, and current volunteer law students dedicated to providing direct client services for special immigrant juvenile status cases. Safe Passage continues to monitor each case throughout the process.
New York Law School students may volunteer for the Safe Passage Immigration Project to develop training and intake materials for special immigrant juvenile status cases. Our students also provide language translation assistance between volunteer attorneys and clients and assist in research and case preparation. In addition to their volunteer work with Safe Passage they participate in other immigration events such as clinics and initiatives sponsored by the New York City Bar Association, Justice for Our Neighbors and the American Immigration Lawyers Association.
In Spring 2008, Safe Passage received the New York State Bar Association’s President’s Pro Bono Award for its innovative program. For more information about Safe Passage and special immigrant juvenile status, please visit the site, which also contains our current newsletter.
Posted by
Lindsay A Curcio
New York Law School
Monday, 29 March 2010
Monday, 15 March 2010
Legal aid funding and the financial crisis
In December 2009, the District of Columbia Access to Justice Commission and the D.C. Consortium of Legal Service Providers issued a report that reflected the negative effect the financial crisis has had on the funding of legal aid programs in the DC.
Among other things, the report revealed a 60 percent drop in Interest on Lawyers’ Trust Accounts (IOLTA), which is an important source of funding for legal aid; a 20 percent drop in local government funding support for legal services; and a decrease of more than $1 million in charitable donations and volunteer services. As a result, 21 lawyers working for legal aid organizations along with 30 non lawyers had to be laid off. At the same time these cuts were being made, the demand for legal assistance increased by 20 percent.
The DC experience is mirrored in Connecticut, which has traditionally also been largely dependent on IOLTA accounts to provide funds for its legal service organizations. One Connecticut legal service organization avoided layoffs by its staff of lawyers and non lawyers agreeing to a 20 percent reduction in salaries and a 4 day work week.
The IBA Pro Bono and Access to Justice Committee, the IBA Bar Issues Commission, and the IBA Forum for Barristers and Advocates will be co-presenting a session at the IBA Annual Conference in Vancouver, 3-8 October 2010, that will explore the issue of legal aid funding, including the ramifications when governments fail to provide adequate funding for legal aid programs.
We doubt that DC and Connecticut are unique in suffering these problems and would welcome further examples from other jurisdictions in order further to inform our Vancouver discussions.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
Among other things, the report revealed a 60 percent drop in Interest on Lawyers’ Trust Accounts (IOLTA), which is an important source of funding for legal aid; a 20 percent drop in local government funding support for legal services; and a decrease of more than $1 million in charitable donations and volunteer services. As a result, 21 lawyers working for legal aid organizations along with 30 non lawyers had to be laid off. At the same time these cuts were being made, the demand for legal assistance increased by 20 percent.
The DC experience is mirrored in Connecticut, which has traditionally also been largely dependent on IOLTA accounts to provide funds for its legal service organizations. One Connecticut legal service organization avoided layoffs by its staff of lawyers and non lawyers agreeing to a 20 percent reduction in salaries and a 4 day work week.
The IBA Pro Bono and Access to Justice Committee, the IBA Bar Issues Commission, and the IBA Forum for Barristers and Advocates will be co-presenting a session at the IBA Annual Conference in Vancouver, 3-8 October 2010, that will explore the issue of legal aid funding, including the ramifications when governments fail to provide adequate funding for legal aid programs.
We doubt that DC and Connecticut are unique in suffering these problems and would welcome further examples from other jurisdictions in order further to inform our Vancouver discussions.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
Wednesday, 24 February 2010
A revolution in legal aid -- obligatory legal assistance bill in Israel
A new bill, under which the Israel Bar Association will be obligated to provide legal assistance to under-privileged populations, was approved by the Knesset in late November 2009.
Initiated by the President of the Israel Bar, Adv. Yori Geiron, and Knesset-Member, Yariv Levin, the new law made the current non-obligatory function of providing legal assistance to deprived populations, into an obligatory one. The bill gained the support of a large number of Knesset members, wanting to ensure that access to the justice system will be available to all people, regardless of their financial means.
This is an important precedent for the Israel Bar, as for the first time, it is the Bar itself which undertakes to provide legal services to the public, a project which is fully sponsored by the Bar.
It is important to note, however, that the new law does not require each lawyer to take on pro bono work, but it is an obligation of the Bar itself, through its volunteer lawyers.
The law will become effective over the next few months, once rules determining eligibility for such legal assistance by the Bar will be adopted.
President Yori Geiron: 'Practicing law is not just a profession, it is a social responsibility, and one of its missions is to increase access to the justice system, as a basic right. It is with this in mind, and after a continuing debate within the Bar, that the Bar was able to operate its pro bono program, "Schar Mitzva", for the past 7 years, providing legal assistance to under-privileged people across the country, with over 2,500 volunteer lawyers. This is an essential project, which provides legal assistance and full representation to thousands of people each year.'
Knesset-Member Yariv Levin: 'This bill is an important stage in the efforts to empower under-privileged populations and help many to break out of the circle of poverty. Using the legal advice provided to them, many people could fight for what they are legally entitled to and protect themselves, against suits filed against them. This way, those people will be able to break out of the circle of poverty. At the same time, this will prevent court decisions, obligating those people to pay enormous amounts, simply due to the fact that they were not represented in court, thereby, sending them back to the circle of poverty.'
Posted by Adv. Dikla Elkabets
Israel Bar Association
Initiated by the President of the Israel Bar, Adv. Yori Geiron, and Knesset-Member, Yariv Levin, the new law made the current non-obligatory function of providing legal assistance to deprived populations, into an obligatory one. The bill gained the support of a large number of Knesset members, wanting to ensure that access to the justice system will be available to all people, regardless of their financial means.
This is an important precedent for the Israel Bar, as for the first time, it is the Bar itself which undertakes to provide legal services to the public, a project which is fully sponsored by the Bar.
It is important to note, however, that the new law does not require each lawyer to take on pro bono work, but it is an obligation of the Bar itself, through its volunteer lawyers.
The law will become effective over the next few months, once rules determining eligibility for such legal assistance by the Bar will be adopted.
President Yori Geiron: 'Practicing law is not just a profession, it is a social responsibility, and one of its missions is to increase access to the justice system, as a basic right. It is with this in mind, and after a continuing debate within the Bar, that the Bar was able to operate its pro bono program, "Schar Mitzva", for the past 7 years, providing legal assistance to under-privileged people across the country, with over 2,500 volunteer lawyers. This is an essential project, which provides legal assistance and full representation to thousands of people each year.'
Knesset-Member Yariv Levin: 'This bill is an important stage in the efforts to empower under-privileged populations and help many to break out of the circle of poverty. Using the legal advice provided to them, many people could fight for what they are legally entitled to and protect themselves, against suits filed against them. This way, those people will be able to break out of the circle of poverty. At the same time, this will prevent court decisions, obligating those people to pay enormous amounts, simply due to the fact that they were not represented in court, thereby, sending them back to the circle of poverty.'
Posted by Adv. Dikla Elkabets
Israel Bar Association
Wednesday, 17 February 2010
The Polish Pro Bono Centre
Further to Penny Blair’s 6 July 2009 post on pro bono clearinghouses and the fruitful thread that followed, the example of the Polish Pro Bono Centre can illustrate how broad activities can a clearinghouse roll out to strategically mainstream pro bono. The Polish Pro Bono Centre does not only work as focal point between NGOs and law firms. It is also active in promoting the culture of pro bono and in amending the legal framework in order to facilitate lawyers' commitment to pro bono.
The Centre is involved in granting the annual Pro Bono Lawyer Award, established by the Polish Legal Clinics Foundation. It has been lobbying for exemption of pro bono legal advice from VAT. In turn, if we look on the side of the NGOs, the lawyers who cooperate with the Centre gave five workshops to over 150 NGO managers on the legal framework of the non-profit sector.
The Centre is a young (operating since 2008) and small entity, but it is already quite well-known. Mind that it is a fruit of a discussion accompanying the signing of the Pro Bono Declaration in mid-2007. The signing ceremony was hosted by the Polish Constitutional Tribunal with participation of some important representatives of the country's legal world. “This Declaration - expressed Filip Czernicki of the Legal Clinics Foundation during the event - is inspired by the Polish legal community’s long professional tradition of public service, and affirms the critical role of pro bono practitioners in ensuring fair and equal access to justice among all segments of society.” (www.probonoinst.org/wire/09207-8.pdf, The Pro Bono Wire, Sept. 2007) The same can be said about the Centre, and I find its ability to build on and to develop the pro bono tradition a useful hint for some current West-European initiatives aiming at launching national clearinghouses.
Interestingly, the Centre has been constituted by the Polish Legal Clinics Foundation, which underlines the link between the training of young lawyers and the practice of more mature professionals.
For more information, consult:
- www.centrumprobono.pl/en/
- The Polish Legal Clinics Foundation/Lawyer Pro Bono
- The Pro Bono Wire, Sept. 2007 (the text of the Polish Pro Bono Declaration)
Posted by Jacek Kowalewski
University of Warsaw graduate
Pro bono activist in Poland and Italy
The Centre is involved in granting the annual Pro Bono Lawyer Award, established by the Polish Legal Clinics Foundation. It has been lobbying for exemption of pro bono legal advice from VAT. In turn, if we look on the side of the NGOs, the lawyers who cooperate with the Centre gave five workshops to over 150 NGO managers on the legal framework of the non-profit sector.
The Centre is a young (operating since 2008) and small entity, but it is already quite well-known. Mind that it is a fruit of a discussion accompanying the signing of the Pro Bono Declaration in mid-2007. The signing ceremony was hosted by the Polish Constitutional Tribunal with participation of some important representatives of the country's legal world. “This Declaration - expressed Filip Czernicki of the Legal Clinics Foundation during the event - is inspired by the Polish legal community’s long professional tradition of public service, and affirms the critical role of pro bono practitioners in ensuring fair and equal access to justice among all segments of society.” (www.probonoinst.org/wire/09207-8.pdf, The Pro Bono Wire, Sept. 2007) The same can be said about the Centre, and I find its ability to build on and to develop the pro bono tradition a useful hint for some current West-European initiatives aiming at launching national clearinghouses.
Interestingly, the Centre has been constituted by the Polish Legal Clinics Foundation, which underlines the link between the training of young lawyers and the practice of more mature professionals.
For more information, consult:
- www.centrumprobono.pl/en/
- The Polish Legal Clinics Foundation/Lawyer Pro Bono
- The Pro Bono Wire, Sept. 2007 (the text of the Polish Pro Bono Declaration)
Posted by Jacek Kowalewski
University of Warsaw graduate
Pro bono activist in Poland and Italy
Wednesday, 20 January 2010
Haiti: a Setback for Legal Aid in Port-au-Prince
According to news reports, the extent of the devastation in Port–au-Prince, the capital of Haiti, grows daily. One important project affected by the earthquake is the young and developing legal aid program in Haiti.
At the IBA Annual Conference in Chicago in fall 2006, the then-President of the Port-au-Prince Bar and Vice-President of the Federation of the Bars of Haiti, Gervaise Charles, discussed the legal aid program of the Bar in the context of the many other access to justice issues presented by the Haitian legal infrastructure. This legal aid program, in effect for less than two years, was limited to penal matters, but had achieved favorable results beyond which those that the Port-au-Prince Bar had thought were possible. A summary of Gervaise Charles' presentation at the IBA Pro Bono and Access to Justice Committee's session in Chicago may be viewed on our website.
Since then, the International Legal Assistance Consortium (ILAC), a consortium of NGOs throughout the world providing technical legal assistance in post conflict situations, has worked tirelessly to develop a legal aid program in Haiti. There are 15 judicial districts in Haiti, including Port-au-Prince, all of which have local bar associations. ILAC has established eleven offices around the country, with 120 local employees. The coordinating office is located in Port-au-Prince. The earthquake on January 12, 2010, destroyed the Port-au-Prince legal aid facility. Fortunately, all of those who work on the legal aid project in Port-au-Prince escaped uninjured. All the other legal aid offices in Haiti remain operational.
The need for legal aid/pro bono programs during the aftermath of natural disasters is well-known in the United States, where the legal infrastructure virtually collapsed in New Orleans, Louisiana, for a short period of time, following the devastation of Hurricane Katrina in 2005. Hopefully, ILAC's legal aid project can quickly "regroup" as it will clearly be needed in the coming months to deal with the legal problems that will necessarily confront Port-au-Prince's largely indigent population as they seek to recover from the loss of life and possessions.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
You may also wish to read about or donate to the IBA Appeal for the Reconstruction of the Haitian Judiciary.
At the IBA Annual Conference in Chicago in fall 2006, the then-President of the Port-au-Prince Bar and Vice-President of the Federation of the Bars of Haiti, Gervaise Charles, discussed the legal aid program of the Bar in the context of the many other access to justice issues presented by the Haitian legal infrastructure. This legal aid program, in effect for less than two years, was limited to penal matters, but had achieved favorable results beyond which those that the Port-au-Prince Bar had thought were possible. A summary of Gervaise Charles' presentation at the IBA Pro Bono and Access to Justice Committee's session in Chicago may be viewed on our website.
Since then, the International Legal Assistance Consortium (ILAC), a consortium of NGOs throughout the world providing technical legal assistance in post conflict situations, has worked tirelessly to develop a legal aid program in Haiti. There are 15 judicial districts in Haiti, including Port-au-Prince, all of which have local bar associations. ILAC has established eleven offices around the country, with 120 local employees. The coordinating office is located in Port-au-Prince. The earthquake on January 12, 2010, destroyed the Port-au-Prince legal aid facility. Fortunately, all of those who work on the legal aid project in Port-au-Prince escaped uninjured. All the other legal aid offices in Haiti remain operational.
The need for legal aid/pro bono programs during the aftermath of natural disasters is well-known in the United States, where the legal infrastructure virtually collapsed in New Orleans, Louisiana, for a short period of time, following the devastation of Hurricane Katrina in 2005. Hopefully, ILAC's legal aid project can quickly "regroup" as it will clearly be needed in the coming months to deal with the legal problems that will necessarily confront Port-au-Prince's largely indigent population as they seek to recover from the loss of life and possessions.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
You may also wish to read about or donate to the IBA Appeal for the Reconstruction of the Haitian Judiciary.
Tuesday, 12 January 2010
Student Support for International Pro Bono Work
We at the HOPE Public Interest Resource Center at the University of Miami School of Law are always looking for new ways to collaborate and support innovative pro bono programming. Because of my background with the UNICTR and the UNHCR, I am particularly interested in engaging students in international human rights and am very interested in exploring ways to partner with members of the International Bar Association’s Pro Bono and Access to Justice Committee, particularly in the following ways: (1) support of litigation remotely via the Pro Bono Legal Research Project and (2) HOPE Fellowship placement.
First, at the HOPE Office I manage the Pro Bono Legal Research Project (PBLRP). The PBLRP is a way to help support practitioners doing crucial work when they might not have the legal research or drafting support they need. In the past we have had students working on a number of different cases dealing with issues such as constitutional law related to housing rights, reparations for Holocaust victims, and a recent case dealing with criminal procedure that was heard by the Florida Supreme Court. The typical format has been for an attorney with a pro bono or public interest case to contact our office for research support and complete a short form. I then send an e-mail to our PBLRP students with the information to determine which students are able to provide research and have an interest in the specific topic. At that point I either connect the attorney with the interested students or, I provide the student resumes for the attorney to decide the appropriate match. After that, the HOPE office is a point of contact for the students and the attorney regarding ongoing management of the research project but the specific scheduling and content of the work product is between the students and the attorney. We have a number of students who are very keen to be involved in international litigation and would surely be thrilled to contribute to the work of the members of the IBA Pro Bono and Access to Justice Committee.
Second, at the University of Miami School of Law we have a unique HOPE Fellowship program available to students during their 1L and 2L summers. HOPE Fellows work with domestic and international public interest agencies and non-governmental organizations to provide much-needed legal advocacy. Over the years, the program has grown from two local agencies to include international placements in countries such as Sierra Leone, Tanzania, Lebanon, England, and China. The HOPE Public Interest Resource Center sponsors the program and helps students to identify agencies that match their passions for service. Students receive a stipend for their work and are required to identify ways in which they can uniquely contribute to the agencies and constituencies they serve. When they return to campus, Fellows then design a project to involve other UM Law students in advocacy related to the their area of concentration. HOPE is eager to establish relationships with organizations needing support and receptive to HOPE Fellows applications. I am happy to provide more information and learn about your organization's specific needs.
I look forward to supporting the work of the members of the IBA Pro Bono and Access to Justice Committee. Please contact me at loneill@law.miami.edu for more information and to learn more about the HOPE Office. Additionally, I welcome ideas for further collaboration not addressed above.
Posted by
Lara O’Neill
Project Coordinator
HOPE Public Interest Resource Center
University of Miami School of Law
First, at the HOPE Office I manage the Pro Bono Legal Research Project (PBLRP). The PBLRP is a way to help support practitioners doing crucial work when they might not have the legal research or drafting support they need. In the past we have had students working on a number of different cases dealing with issues such as constitutional law related to housing rights, reparations for Holocaust victims, and a recent case dealing with criminal procedure that was heard by the Florida Supreme Court. The typical format has been for an attorney with a pro bono or public interest case to contact our office for research support and complete a short form. I then send an e-mail to our PBLRP students with the information to determine which students are able to provide research and have an interest in the specific topic. At that point I either connect the attorney with the interested students or, I provide the student resumes for the attorney to decide the appropriate match. After that, the HOPE office is a point of contact for the students and the attorney regarding ongoing management of the research project but the specific scheduling and content of the work product is between the students and the attorney. We have a number of students who are very keen to be involved in international litigation and would surely be thrilled to contribute to the work of the members of the IBA Pro Bono and Access to Justice Committee.
Second, at the University of Miami School of Law we have a unique HOPE Fellowship program available to students during their 1L and 2L summers. HOPE Fellows work with domestic and international public interest agencies and non-governmental organizations to provide much-needed legal advocacy. Over the years, the program has grown from two local agencies to include international placements in countries such as Sierra Leone, Tanzania, Lebanon, England, and China. The HOPE Public Interest Resource Center sponsors the program and helps students to identify agencies that match their passions for service. Students receive a stipend for their work and are required to identify ways in which they can uniquely contribute to the agencies and constituencies they serve. When they return to campus, Fellows then design a project to involve other UM Law students in advocacy related to the their area of concentration. HOPE is eager to establish relationships with organizations needing support and receptive to HOPE Fellows applications. I am happy to provide more information and learn about your organization's specific needs.
I look forward to supporting the work of the members of the IBA Pro Bono and Access to Justice Committee. Please contact me at loneill@law.miami.edu for more information and to learn more about the HOPE Office. Additionally, I welcome ideas for further collaboration not addressed above.
Posted by
Lara O’Neill
Project Coordinator
HOPE Public Interest Resource Center
University of Miami School of Law
Friday, 18 December 2009
Pro Bono and Public Interest Commission of the City of Buenos Aires Bar Association
The Pro Bono and Public Interest Commission [Comisión de Trabajo Pro Bono e Interés Público] convenes and gathers a group of lawyers engaged in providing pro bono services in public interest cases and who understand the law as a tool of social change and modification of public policies.
Organized as a Pro Bono Network of law firms, the Commission provides free legal services to public interest cases which involve collective interests and thus project their effects to broad sectors of the community.
In practice, the Commission operates as a link between individuals or civil entities requesting pro bono services –- pro bono demand -- and the law firms of the Pro Bono Network -- pro bono offer.
The Commission was created in December 2000 by the initiative of a group of members of the City of Buenos Aires Bar Association [Colegio de Abogados de la Ciudad de Buenos Aires] and works in association with other bar associations in Latin America.
In particular, the Commission works on four areas of interest: disability, microfinance, NGO advice and transparency. The pro bono criminal area was set up in 2009 and new areas of interest, such as childhood and adolescence, are scheduled to begin in 2010.
Among the main achievements attained during 2009, we can mention:
As to the area of disability, a favorable judgment was obtained in a summary action [amparo] filed by the lawyers of the Commission against the City of Buenos Aires Government (GCBA) seeking compliance with the 5% quota of disabled employees provided under the Constitution of the City of Buenos Aires.
In the area of microfinance, the approval of a US$50,000 grant was obtained from IDLO (International Development Law Organization) to organize seminars, workshops, conferences and publications with public authorities seeking the amendment of the regulatory, tax and labor frame and to foster the development of microfinance in Argentina. The approval of a trust to generate funding for microcredit ventures was obtained from FOMIN (IDB).
In the areas of NGO advice and transparency, two successful seminars were organized attended by prominent participants in local public opinion. The first seminar dealt with 'NGOs - Legal and Tax Issues', and the second one with 'Political transparency, citizen participation and civic duties of lawyers'. In this area the Commission provides pro bono services to several and prestigious NGOs who conduct activities related to the Pro Bono Network.
Posted by
Naldo F. Dasso
IBA Pro bono and Access to Justice Committee
Organized as a Pro Bono Network of law firms, the Commission provides free legal services to public interest cases which involve collective interests and thus project their effects to broad sectors of the community.
In practice, the Commission operates as a link between individuals or civil entities requesting pro bono services –- pro bono demand -- and the law firms of the Pro Bono Network -- pro bono offer.
The Commission was created in December 2000 by the initiative of a group of members of the City of Buenos Aires Bar Association [Colegio de Abogados de la Ciudad de Buenos Aires] and works in association with other bar associations in Latin America.
In particular, the Commission works on four areas of interest: disability, microfinance, NGO advice and transparency. The pro bono criminal area was set up in 2009 and new areas of interest, such as childhood and adolescence, are scheduled to begin in 2010.
Among the main achievements attained during 2009, we can mention:
As to the area of disability, a favorable judgment was obtained in a summary action [amparo] filed by the lawyers of the Commission against the City of Buenos Aires Government (GCBA) seeking compliance with the 5% quota of disabled employees provided under the Constitution of the City of Buenos Aires.
In the area of microfinance, the approval of a US$50,000 grant was obtained from IDLO (International Development Law Organization) to organize seminars, workshops, conferences and publications with public authorities seeking the amendment of the regulatory, tax and labor frame and to foster the development of microfinance in Argentina. The approval of a trust to generate funding for microcredit ventures was obtained from FOMIN (IDB).
In the areas of NGO advice and transparency, two successful seminars were organized attended by prominent participants in local public opinion. The first seminar dealt with 'NGOs - Legal and Tax Issues', and the second one with 'Political transparency, citizen participation and civic duties of lawyers'. In this area the Commission provides pro bono services to several and prestigious NGOs who conduct activities related to the Pro Bono Network.
Posted by
Naldo F. Dasso
IBA Pro bono and Access to Justice Committee
Monday, 7 December 2009
About My Office
Osun State is located in the south-west part of Nigeria.
It covers an area of approximately 14.875 square kilometers, lies between longitude 04 00E and latitude 05.558 and is bounded by four (4) other states i.e Ogun, Kwara, Oyo and Ondo States in the South, North, West and East respectively.
The people of the State are composed of Yoruba tribe. However non-indigenes from all parts of Nigeria and foreigners reside in the State, living together in harmony.
A reasonable segment of the populace comprises traders and artisans. The State has 31 Local Government Councils with Osogbo as the State Capital.
In December 2008 the Governor of Osun State in his Budget speech created the Office of the Public Defender and Citizens Rights and I was appointed as the pioneering director in March 2009. Five months later four additional lawyers were appointed to the Office. All of them are below 5 years at the Bar.
In order for us to function effectively a law was proposed and drafted by me and approved for the House of Assembly's deliberation and passage.
The Office has power of corporate personally and its main functions among others is to provide free legal services to the indigent people of the State and embed the culture of providing legal representation on a pro-bono basis with the legal profession in the state and provide ready means of assistance to less privileged.
The Office is to institutionalize mediation, reconciliation, conciliation and alternative dispute resolution in the administration of Justice in the State by ensuring that parties enter into ADR processes voluntarily.
The office has the status of an agency under the Ministry of Justice and is situated at the Government Secretariat Osogbo the capital city of the State.
However, it can be said that the world economic situation has seriously affected the takeoff of the office since its establishment.
Already we have received over 50 complaints from the general public on disputes such as landlord and tenant, employer and employee, domestic violence and family inheritance, debt recovery, accident at work, domestic accidents, fatal accidents, breach of agreements, human rights etc.
However only about five cases of these disputes have been successfully handled by my office. The reasons are not farfetched.
Firstly, the manpower is limited i.e only five lawyers are appointed to service the whole State of 31 Local Government Councils.
Secondly there are no enough infrastructure for counsel to work. We have not been able to attend any of the cases outside the state capital because there is no official vehicle to embark on such trip. Office equipment are also not adequate.
Thirdly, I am the only person in the office who has a reasonable experience and training in pro-bono and ADR work. Other lawyers are very young at the Bar with no experience in this field.
The above scenario is generating disenchantment and lack of interest in the lawyers and thereby making the generality of the people in the State to lose hope and confidence in the office.
A CASE STUDY
One Mrs. 'A', a 32yr old mother of three, came to our office to report her husband a police officer who abandoned her and three children without care and support. My office wrote to the officer who had been transferred out of the State. A copy of the letter was sent to the Boss; a Divisional Police Officer (DPO) demanding that the officer should come to a meeting in our office. At the meeting he was advised to pay monthly living allowance to the three children out of his monthly salary. An agreement was mutually entered into by the parties and a legal agreement was drafted in that respect. The officer paid three months installment before he was transferred to Ondo State. Since he left for Ondo State three months ago, he has failed to pay the monthly allowance to his three children. Now we have difficulty in reaching him in his new place of posting which is about four hours drive to Osogbo, the State capital.
Also in a related development, Mrs. 'F', a widow of seven children, is yet to receive her husband's entitlement from Nigerian Custom Services, a Federal Government establishment 6 years after her husband’s death. The law establishing the agency requires that the head office should be at the capital of the country, Abuja. A letter of demand to the agency on behalf of the widow was ignored. Litigation on behalf of the widow will cost so much and my office is yet to be funded. Meanwhile the widow and seven children are languishing in abject poverty.
That is the typical situation of my office.
Posted by
Toyin Adegoke
IBA Pro bono and Access to Justice Committee
It covers an area of approximately 14.875 square kilometers, lies between longitude 04 00E and latitude 05.558 and is bounded by four (4) other states i.e Ogun, Kwara, Oyo and Ondo States in the South, North, West and East respectively.
The people of the State are composed of Yoruba tribe. However non-indigenes from all parts of Nigeria and foreigners reside in the State, living together in harmony.
A reasonable segment of the populace comprises traders and artisans. The State has 31 Local Government Councils with Osogbo as the State Capital.
In December 2008 the Governor of Osun State in his Budget speech created the Office of the Public Defender and Citizens Rights and I was appointed as the pioneering director in March 2009. Five months later four additional lawyers were appointed to the Office. All of them are below 5 years at the Bar.
In order for us to function effectively a law was proposed and drafted by me and approved for the House of Assembly's deliberation and passage.
The Office has power of corporate personally and its main functions among others is to provide free legal services to the indigent people of the State and embed the culture of providing legal representation on a pro-bono basis with the legal profession in the state and provide ready means of assistance to less privileged.
The Office is to institutionalize mediation, reconciliation, conciliation and alternative dispute resolution in the administration of Justice in the State by ensuring that parties enter into ADR processes voluntarily.
The office has the status of an agency under the Ministry of Justice and is situated at the Government Secretariat Osogbo the capital city of the State.
However, it can be said that the world economic situation has seriously affected the takeoff of the office since its establishment.
Already we have received over 50 complaints from the general public on disputes such as landlord and tenant, employer and employee, domestic violence and family inheritance, debt recovery, accident at work, domestic accidents, fatal accidents, breach of agreements, human rights etc.
However only about five cases of these disputes have been successfully handled by my office. The reasons are not farfetched.
Firstly, the manpower is limited i.e only five lawyers are appointed to service the whole State of 31 Local Government Councils.
Secondly there are no enough infrastructure for counsel to work. We have not been able to attend any of the cases outside the state capital because there is no official vehicle to embark on such trip. Office equipment are also not adequate.
Thirdly, I am the only person in the office who has a reasonable experience and training in pro-bono and ADR work. Other lawyers are very young at the Bar with no experience in this field.
The above scenario is generating disenchantment and lack of interest in the lawyers and thereby making the generality of the people in the State to lose hope and confidence in the office.
A CASE STUDY
One Mrs. 'A', a 32yr old mother of three, came to our office to report her husband a police officer who abandoned her and three children without care and support. My office wrote to the officer who had been transferred out of the State. A copy of the letter was sent to the Boss; a Divisional Police Officer (DPO) demanding that the officer should come to a meeting in our office. At the meeting he was advised to pay monthly living allowance to the three children out of his monthly salary. An agreement was mutually entered into by the parties and a legal agreement was drafted in that respect. The officer paid three months installment before he was transferred to Ondo State. Since he left for Ondo State three months ago, he has failed to pay the monthly allowance to his three children. Now we have difficulty in reaching him in his new place of posting which is about four hours drive to Osogbo, the State capital.
Also in a related development, Mrs. 'F', a widow of seven children, is yet to receive her husband's entitlement from Nigerian Custom Services, a Federal Government establishment 6 years after her husband’s death. The law establishing the agency requires that the head office should be at the capital of the country, Abuja. A letter of demand to the agency on behalf of the widow was ignored. Litigation on behalf of the widow will cost so much and my office is yet to be funded. Meanwhile the widow and seven children are languishing in abject poverty.
That is the typical situation of my office.
Posted by
Toyin Adegoke
IBA Pro bono and Access to Justice Committee
Friday, 13 November 2009
Dubai International Financial Centre Pro Bono
The following has just appeared on the news wires: The new pro bono system in the Dubai International Financial Centre (DIFC) Courts -- the DIFC's independent, common law judicial system tribunal and the first of its kind in the Middle East -- will be tested for the first time shortly in an employment case.
After a period of public consultation, the guidelines for the DIFC's pro bono programme took effect last month and the scheme immediately attracted interest from the legal community with seven law firms having already registered their voluntary services. To date, five pro bono litigant applications have been filed at the DIFC Courts. The first pro bono case will be heard in the Court of First Instance, most likely before the end of the year.
The IBA Pro Bono and Access to Justice Committee were consulted on the preparation of the guidelines and were pleased to be able to contribute to the establishment of this new venture. Very few similar systems have been introduced across the globe (the US Immigration Court system has one, as does the US Tax Court, and we would welcome news of any others) and it will be interesting to see, therefore, how it develops. Perhaps it will also provide a boost to the provision of pro bono elsewhere in the Emirates, the GCC and the Middle East as a whole?
Posted by
IBA Pro bono and Access to Justice Committee
After a period of public consultation, the guidelines for the DIFC's pro bono programme took effect last month and the scheme immediately attracted interest from the legal community with seven law firms having already registered their voluntary services. To date, five pro bono litigant applications have been filed at the DIFC Courts. The first pro bono case will be heard in the Court of First Instance, most likely before the end of the year.
The IBA Pro Bono and Access to Justice Committee were consulted on the preparation of the guidelines and were pleased to be able to contribute to the establishment of this new venture. Very few similar systems have been introduced across the globe (the US Immigration Court system has one, as does the US Tax Court, and we would welcome news of any others) and it will be interesting to see, therefore, how it develops. Perhaps it will also provide a boost to the provision of pro bono elsewhere in the Emirates, the GCC and the Middle East as a whole?
Posted by
IBA Pro bono and Access to Justice Committee
Monday, 19 October 2009
Australia’s National Pro Bono Aspirational Target
Australia’s National Pro Bono Resource Centre, an independent organization that promotes pro bono legal services in Australia, recently released its second annual report summarizing the number of pro hours undertaken by signatories to its aspirational annual target of 35 hours of pro bono per lawyer. Signatories and pro bono hours increased substantially over last year, with the Centre reporting the number of lawyer signatories up from 2900 last year to 5700 this year and pro bono work up from 113, 356 hours to 180,771.5 hours. Reports indicated that the success of the Centre’s initiative was helped by the Australian government’s decision to take account of whether its firm or lawyer vendors had signed on to the target. However, the total number of signatories to the aspirational target is still only about 11% of the country’s lawyers.
The Centre’s initiative and individual attorneys' pro bono work is commendable. There is always the lingering question, though: Are aspirational targets enough?
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
The Centre’s initiative and individual attorneys' pro bono work is commendable. There is always the lingering question, though: Are aspirational targets enough?
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
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