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
Friday, 18 December 2009
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
Tuesday, 29 September 2009
Access to justice in the Rural Philippines
Attorney Angelito Orozco is chief legal counsel of the local government of Olongapo City in Central Luzon, Philippines, and describes that office’s work for poor clients there as follows:
It is an integral part of my job to provide mediation/arbitration, albeit in an informal way, especially to poor clients who cannot afford costly and lengthy formal litigation. Their cases would range from simple collection of small money claims, grievances against neighbors or employees of the city government, family matters, and the like. We also dispense legal advice on matters involving eviction/ejectment, petty crimes, annulment of marriage, adoption of minors, and the like.
Further, we coordinate with the Bureau of Jail Management and the regular courts for visits to detention prisoners to ensure that their basic constitutional rights and right to Speedy Trial Act are being observed; otherwise, such can be a ground for the dismissal of their cases. Lastly, we also provide legal representation to indigent clients but on a limited number and basis at this point, owing to financial and time constraints.
Posted by
Robin Westbrook
IBA Pro bono and Access to Justice Committee
It is an integral part of my job to provide mediation/arbitration, albeit in an informal way, especially to poor clients who cannot afford costly and lengthy formal litigation. Their cases would range from simple collection of small money claims, grievances against neighbors or employees of the city government, family matters, and the like. We also dispense legal advice on matters involving eviction/ejectment, petty crimes, annulment of marriage, adoption of minors, and the like.
Further, we coordinate with the Bureau of Jail Management and the regular courts for visits to detention prisoners to ensure that their basic constitutional rights and right to Speedy Trial Act are being observed; otherwise, such can be a ground for the dismissal of their cases. Lastly, we also provide legal representation to indigent clients but on a limited number and basis at this point, owing to financial and time constraints.
Posted by
Robin Westbrook
IBA Pro bono and Access to Justice Committee
Wednesday, 16 September 2009
Pro bono in South Africa
During 2002, the members of the Cape Law Society (including attorneys in the Eastern, Northern and Western Cape), unanimously adopted a resolution giving rise to a rule obliging all practising lawyers (with one or two exceptions) to render a minimum of 24 hours pro bono service to those who cannot afford to pay legal fees.
Following this, the Cape Law Society concluded joint venture agreements (and continues to do so) with NGOs serving the poor who required free legal assistance on behalf of the people they serve or, in certain circumstances, assistance to the NGOs itself.
The law societies with jurisdiction in other provinces in South Africa (the Free State Law Society, Law Society of the Northern Provinces and KwaZulu Natal Law Society) all adopted similar rules, with KwaZulu Natal being the last province to consider whether or not the rule should be made obligatory.
The provincial law societies have all appointed provincial co-ordinators, and the Law Society of South Africa has appointed a national co-ordinator to facilitate the process of pro bono nationally. We are currently working towards convening a national conference with the view to establishing a rule to set in place national norms and standards for pro bono.
Edward Nathan Sonnenbergs ('ENS') is the largest law firm in Africa, with offices in Cape Town, Gauteng (Johannesburg) and KwaZulu Natal (Durban). ENS is currently the only firm in South Africa to establish dedicated pro bono offices.
Its first pro bono office is in the township called Mitchell's Plain, an impoverished area in the Western Cape, where ENS renders services to the communities of Khayelitsha and Mitchell's Plain.
Its second dedicated pro bono office is in the township of Alexandra in Gauteng, with the aim of bridging the historical divide that exists between suburbs such as Alex and Sandton, two very different worlds.
Both offices are managed by qualified lawyers, and every professional of the firm dedicates 32 hours per year rendering services to the poor on their doorstep, rather than expecting them to find their (often impossible) way to Cape Town or Sandton.
Posted by
Taswell Papier
IBA Pro bono and Access to Justice Committee
Following this, the Cape Law Society concluded joint venture agreements (and continues to do so) with NGOs serving the poor who required free legal assistance on behalf of the people they serve or, in certain circumstances, assistance to the NGOs itself.
The law societies with jurisdiction in other provinces in South Africa (the Free State Law Society, Law Society of the Northern Provinces and KwaZulu Natal Law Society) all adopted similar rules, with KwaZulu Natal being the last province to consider whether or not the rule should be made obligatory.
The provincial law societies have all appointed provincial co-ordinators, and the Law Society of South Africa has appointed a national co-ordinator to facilitate the process of pro bono nationally. We are currently working towards convening a national conference with the view to establishing a rule to set in place national norms and standards for pro bono.
Edward Nathan Sonnenbergs ('ENS') is the largest law firm in Africa, with offices in Cape Town, Gauteng (Johannesburg) and KwaZulu Natal (Durban). ENS is currently the only firm in South Africa to establish dedicated pro bono offices.
Its first pro bono office is in the township called Mitchell's Plain, an impoverished area in the Western Cape, where ENS renders services to the communities of Khayelitsha and Mitchell's Plain.
Its second dedicated pro bono office is in the township of Alexandra in Gauteng, with the aim of bridging the historical divide that exists between suburbs such as Alex and Sandton, two very different worlds.
Both offices are managed by qualified lawyers, and every professional of the firm dedicates 32 hours per year rendering services to the poor on their doorstep, rather than expecting them to find their (often impossible) way to Cape Town or Sandton.
Posted by
Taswell Papier
IBA Pro bono and Access to Justice Committee
Monday, 14 September 2009
More pro bono celebration
The First Annual United States National Pro Bono Celebration is scheduled for October 25 through 31, 2009. Sponsored by the ABA Standing Committee on Pro Bono and Public Service, the celebration is a coordinated national effort to showcase the great difference that pro bono lawyers make to the nation, its system of justice, its communities and, most of all, to the clients they serve. The week is also dedicated to the quest for more pro bono volunteers to meet the ever-growing legal needs of this country's most vulnerable citizens.
The ABA Standing Committee on Pro Bono and Public Service chose to launch this important initiative now because of the increasing need for pro bono services during these harsh economic times and the unprecedented response of attorneys to meet this demand.
Although national in breadth, this celebration provides an opportunity for local legal associations across the country to collaboratively commemorate the contributions of America's lawyers and, most important, to recruit additional volunteers to meet the growing need.
One of the guiding principles of the Pro Bono Committee's planning is to support existing local pro bono awards, events and programs. The legal needs of the poor are local issues, and although nationwide, this celebration is intended to have a local focus and impact. Goals for the celebration include:
1. Recognizing the pro bono efforts of America's lawyers
2. Recruiting more pro bono volunteers
3. Mobilizing community support for pro bono.
The Celebrate Pro Bono website at www.celebrateprobono.org is designed to maximize participation in the National Pro Bono Celebration. Please visit often for updates, additional information and assistance.
Posted by
Anthony H. Barash
Director Emeritus, ABA Center for Pro Bono
The ABA Standing Committee on Pro Bono and Public Service chose to launch this important initiative now because of the increasing need for pro bono services during these harsh economic times and the unprecedented response of attorneys to meet this demand.
Although national in breadth, this celebration provides an opportunity for local legal associations across the country to collaboratively commemorate the contributions of America's lawyers and, most important, to recruit additional volunteers to meet the growing need.
One of the guiding principles of the Pro Bono Committee's planning is to support existing local pro bono awards, events and programs. The legal needs of the poor are local issues, and although nationwide, this celebration is intended to have a local focus and impact. Goals for the celebration include:
1. Recognizing the pro bono efforts of America's lawyers
2. Recruiting more pro bono volunteers
3. Mobilizing community support for pro bono.
The Celebrate Pro Bono website at www.celebrateprobono.org is designed to maximize participation in the National Pro Bono Celebration. Please visit often for updates, additional information and assistance.
Posted by
Anthony H. Barash
Director Emeritus, ABA Center for Pro Bono
Thursday, 27 August 2009
Pro bono celebrations
There are many occasions to take a critical look at access to justice issues and to challenge why we aren't doing better as a society and as a legal profession in meeting current access to justice needs. Striving to achieve equal access to justice and engaging legal professionals in these efforts should be a constant pursuit. It also is necessary to reflect on the accomplishments we have achieved and energize the legal profession's participation in improving access to justice and delivering pro bono legal services.
Raising awareness and celebrating pro bono efforts serves a number of purposes: it highlights the need for increased funding, it connects individuals and organizations in need of legal services to lawyers able to provide them, it augments the image of the legal profession, and it energizes legal professionals. Many jurisdictions offer annual celebrations that inform the public and celebrate the pro bono work lawyers are doing while also trying to engage and activate further participation by lawyers. In Canada, we host bi-annual conferences (www.probonoconference.ca) and also engage in national pro bono week celebrations (www.probonoweekcanada.ca). Our colleagues in the United States, Australia, and the United Kingdom also have similar celebrations. National pro bono celebrations provide the opportunity to reflect on the values of the legal profession and celebrate ongoing pro bono efforts while challenging the legal profession to do more. Do others have examples of pro bono celebrations and awareness raising events of this nature?
Posted by
Pamela Kovacs
Chair, Canadian Bar Association Pro Bono Committee
Raising awareness and celebrating pro bono efforts serves a number of purposes: it highlights the need for increased funding, it connects individuals and organizations in need of legal services to lawyers able to provide them, it augments the image of the legal profession, and it energizes legal professionals. Many jurisdictions offer annual celebrations that inform the public and celebrate the pro bono work lawyers are doing while also trying to engage and activate further participation by lawyers. In Canada, we host bi-annual conferences (www.probonoconference.ca) and also engage in national pro bono week celebrations (www.probonoweekcanada.ca). Our colleagues in the United States, Australia, and the United Kingdom also have similar celebrations. National pro bono celebrations provide the opportunity to reflect on the values of the legal profession and celebrate ongoing pro bono efforts while challenging the legal profession to do more. Do others have examples of pro bono celebrations and awareness raising events of this nature?
Posted by
Pamela Kovacs
Chair, Canadian Bar Association Pro Bono Committee
Friday, 14 August 2009
Mandatory pro bono considered in Israel and adopted in the Phillipines
The Israel Bar Association was established in 1961 as an autonomous statutory entity, under the Bar Association Law - 1961, in order to incorporate the lawyers in Israel and to assure the standard and integrity of the legal profession. The Bar Association is a body corporate, and is subject to inspection by the State Comptroller. Membership is mandatory and is a pre-requisite to practicing law in Israel.
The above-mentioned law distinguishes between the statutory obligatory functions of the Bar Association (section 2) and its other non-obligatory functions and competences (section 3). One of the non-obligatory functions which appears in section 3 is "to provide legal assistance to persons without means".
A new bill, proposed by one of the members of the Knesset (Israel’s parliament), suggests converting this non-obligatory function into an obligatory one. The Knesset Research & Information Center reports that this proposal is being discussed now in the Constitution, Law and Justice Committee of the Knesset.
More information about the Pro Bono program of the Israel Bar Association is on the bar's website here.
The Philippines has recently adopted mandatory pro bono effective 1 January 2010. See here and here for more information.
Posted by
Anthony H. Barash
Director Emeritus, ABA Center for Pro Bono
The above news could form the launch pad for a more wide-ranging debate on whether mandatory pro bono is necessarily a good thing:
- If it becomes mandatory, does it lose an important element of pro bono? Or is the end result all that matters?
- Does it make it more difficult to ensure quality of service is of a uniform standard with client work?
- If charity donation is made compulsory, doesn't it become a tax?
We welcome your comments by clicking the comment link below.
Posted by
Tim Soutar
IBA Pro bono and Access to Justice Committee
The prospect of mandatory pro bono can provoke concern in some instances. See Marcos Fuchs's remarks, delivered at the IBA Annual Conference in Buenos Aires in October 2008, in which he describes the resistance of the 47,000 lawyers in Sao Paulo State who rely on government subsidy for representing the underserved to any form of pro bono mandate. Their concern derives from the possibility that lawyers offering services pro bono might engage in unfair competition. Likewise, lawyers in the U.S. who cultivate practices based on fee-shifting regimes voice concern that judges will minimize fee awards if they believe that the work is more appropriately done on a pro bono basis. See Samuel R. Bagenstos, "Mandatory Pro Bono and Private Attorneys General," 101 Nw. U. L. Rev. Colloquy 182 (2007).
More fundamentally, in a jurisdiction which considers pro bono work as an ethical obligation, one might say that providing the work is mandatory in any case. See David Fagelson, "Rights and Duties: The Ethical Obligations to Serve the Poor," 17 Law & Ineq.: A J. of Theory & Prac. 171, 182-189 (Winter 1999); see generally Robin Westbrook, "Lawyering and the Low-Income Taxpayer," 124 Tax Notes 704 and 705-706 (August 17, 2009).
Posted by
Robin Westbrook
IBA Pro bono and Access to Justice Committee
The above-mentioned law distinguishes between the statutory obligatory functions of the Bar Association (section 2) and its other non-obligatory functions and competences (section 3). One of the non-obligatory functions which appears in section 3 is "to provide legal assistance to persons without means".
A new bill, proposed by one of the members of the Knesset (Israel’s parliament), suggests converting this non-obligatory function into an obligatory one. The Knesset Research & Information Center reports that this proposal is being discussed now in the Constitution, Law and Justice Committee of the Knesset.
More information about the Pro Bono program of the Israel Bar Association is on the bar's website here.
The Philippines has recently adopted mandatory pro bono effective 1 January 2010. See here and here for more information.
Posted by
Anthony H. Barash
Director Emeritus, ABA Center for Pro Bono
The above news could form the launch pad for a more wide-ranging debate on whether mandatory pro bono is necessarily a good thing:
- If it becomes mandatory, does it lose an important element of pro bono? Or is the end result all that matters?
- Does it make it more difficult to ensure quality of service is of a uniform standard with client work?
- If charity donation is made compulsory, doesn't it become a tax?
We welcome your comments by clicking the comment link below.
Posted by
Tim Soutar
IBA Pro bono and Access to Justice Committee
The prospect of mandatory pro bono can provoke concern in some instances. See Marcos Fuchs's remarks, delivered at the IBA Annual Conference in Buenos Aires in October 2008, in which he describes the resistance of the 47,000 lawyers in Sao Paulo State who rely on government subsidy for representing the underserved to any form of pro bono mandate. Their concern derives from the possibility that lawyers offering services pro bono might engage in unfair competition. Likewise, lawyers in the U.S. who cultivate practices based on fee-shifting regimes voice concern that judges will minimize fee awards if they believe that the work is more appropriately done on a pro bono basis. See Samuel R. Bagenstos, "Mandatory Pro Bono and Private Attorneys General," 101 Nw. U. L. Rev. Colloquy 182 (2007).
More fundamentally, in a jurisdiction which considers pro bono work as an ethical obligation, one might say that providing the work is mandatory in any case. See David Fagelson, "Rights and Duties: The Ethical Obligations to Serve the Poor," 17 Law & Ineq.: A J. of Theory & Prac. 171, 182-189 (Winter 1999); see generally Robin Westbrook, "Lawyering and the Low-Income Taxpayer," 124 Tax Notes 704 and 705-706 (August 17, 2009).
Posted by
Robin Westbrook
IBA Pro bono and Access to Justice Committee
Friday, 24 July 2009
Reducing too business-oriented sentiment from clever lawyer
The corporate world has made the business lawyers too business-oriented, this means that business lawyers would only work for financially lucrative case and not bothering working for pro bono service that would bring some kinds of positive impacts to the community or a society as a whole.
Getting back to the legal education, we as the law students, have been taught to better the society and to protest against any phenomenon that we believe will bring negative impacts to the society. And indeed, we have been very active in seeing the society in a critical way and devoting our brain to bring in the good into the society.
The hectic corporate world has almost totally changed everything, as business lawyers become too busy with lucrative business cases and they have to fight day and night for the clients, leaving with no time to give some helps to the society they are living in.
As a law student and legal adviser, I feel that lawyer or legal practitioner would be the most qualified and efficient person, if he/she is the one who does the legally systematic thinking to clean the defects, whether such the defects are related or not related to legal aspect, in the society; will the politicians, economists, students, the public, etc, can positively rectify the society in term of legal aspects better than us?
What I am saying here, is that I just wish to suggest to all clever lawyers in the world to consider pro bono work for their society or any society as another piece of cake after work.
Posted by Vicheka Lay
Legal Consultant, Cambodia
Getting back to the legal education, we as the law students, have been taught to better the society and to protest against any phenomenon that we believe will bring negative impacts to the society. And indeed, we have been very active in seeing the society in a critical way and devoting our brain to bring in the good into the society.
The hectic corporate world has almost totally changed everything, as business lawyers become too busy with lucrative business cases and they have to fight day and night for the clients, leaving with no time to give some helps to the society they are living in.
As a law student and legal adviser, I feel that lawyer or legal practitioner would be the most qualified and efficient person, if he/she is the one who does the legally systematic thinking to clean the defects, whether such the defects are related or not related to legal aspect, in the society; will the politicians, economists, students, the public, etc, can positively rectify the society in term of legal aspects better than us?
What I am saying here, is that I just wish to suggest to all clever lawyers in the world to consider pro bono work for their society or any society as another piece of cake after work.
Posted by Vicheka Lay
Legal Consultant, Cambodia
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