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IBA Pro bono and Access to Justice Committee
Tuesday, 11 October 2011
Tuesday, 15 March 2011
IBA Pro Bono & Access to Justice Committee Launches Clearing House Directory
As part of the recognition of the growing community of clearing houses and the increasingly important role they play in promoting and delivering pro bono assistance, the IBA Pro Bono and Access to Justice Committee has established a Clearing House Directory 'page' on its http://www.internationalprobono.com/ website with the aim of raising awareness of the work of clearing houses among both the IBA's membership and the wider pro bono community as well as making available information concerning the identities and expertise of individual clearing houses to that wider audience. It is the intention that not only will we grow the list of participating clearing houses over the months to come but that, as the site becomes established, we can develop it further, for example, by providing access to best practice materials and publicising events that members may be organising. Suggestions as to other facilities that we might be able to provide through the site are welcome.
Posted by
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
Wednesday, 22 December 2010
Proposed law in India to ensure access to justice
The Ministry of Law and Justice in India has proposed a new law for the setting up of a Legal Services Board (LSB) which is functionally similar to the one established in England and Wales.
The draft bill is currently in the public consultation process and has been titled as The Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010. The LSB along with the central and state Bars would be responsible for overseeing the lawyers’ conduct with the aim of maintaining and developing standards, education and training of legal professionals in the country. It will be headed by a chairman appointed by the President of India in consultation with the Chief Justice of India and the Chairman of the Bar Council of India and other members. Some of the primary regulatory objectives of the LSB would be, to protect and promote public interest, support the constitutional principles of the rule of law and improve access to justice. A chief ombudsman and ombudsmen for each state would also be appointed to deal with complaints against legal professionals.
It must be noted that Section 27 (Chapter IV) of the bill makes it obligatory for all legal practitioners to give free legal services to the financially weaker clients who fall just above the income levels prescribed under Section 12 (h) of The Legal Services Authorities Act, 1987. This is a clear indication in the proposed enactment to encourage and involve lawyers in rendering their legal services on a pro bono basis and make them duty-bound in doing so.
Posted by
Anurag Bana
IBA Legal Projects Team
The draft bill is currently in the public consultation process and has been titled as The Legal Practitioners (Regulations and Maintenance of Standards in Professions, Protecting the Interest of Clients and Promoting the Rule of Law) Act, 2010. The LSB along with the central and state Bars would be responsible for overseeing the lawyers’ conduct with the aim of maintaining and developing standards, education and training of legal professionals in the country. It will be headed by a chairman appointed by the President of India in consultation with the Chief Justice of India and the Chairman of the Bar Council of India and other members. Some of the primary regulatory objectives of the LSB would be, to protect and promote public interest, support the constitutional principles of the rule of law and improve access to justice. A chief ombudsman and ombudsmen for each state would also be appointed to deal with complaints against legal professionals.
It must be noted that Section 27 (Chapter IV) of the bill makes it obligatory for all legal practitioners to give free legal services to the financially weaker clients who fall just above the income levels prescribed under Section 12 (h) of The Legal Services Authorities Act, 1987. This is a clear indication in the proposed enactment to encourage and involve lawyers in rendering their legal services on a pro bono basis and make them duty-bound in doing so.
Posted by
Anurag Bana
IBA Legal Projects Team
Friday, 12 November 2010
The newest article on the InternationalProBono.com website will show you how the Roger Williams University School of Law, in Bristol, Rhode Island, USA, has matched community organizations with local practitioners and law students to provide free legal assistance to thousands of low-income individuals and families. Its innovative program, the Pro Bono Collaborative, seeks to identify local needs which attorneys with various interests and various amounts of time can successfully address.
The article discusses how to identify legal needs in your community, pitch projects to law firms, incorporate law students, launch projects, maintain project momentum, and evaluate and close projects.
Your comments on the article are most welcome below and will make a valuable dialog.
Posted by
Robin Wright Westbrook
IBA Pro bono and Access to Justice Committee
The article discusses how to identify legal needs in your community, pitch projects to law firms, incorporate law students, launch projects, maintain project momentum, and evaluate and close projects.
Your comments on the article are most welcome below and will make a valuable dialog.
Posted by
Robin Wright Westbrook
IBA Pro bono and Access to Justice Committee
Wednesday, 20 October 2010
Law School Pricing and Pro Bono
The top 21 U.S. law schools by rank in the popular U.S. News and World
Report rankings all list tuition of over $40,000 per year. In the case of public universities in the top 21, tuition exceeds $40,000 only for out-of-state students. Another 7 among those ranked 22nd through 50th likewise have tuitions exceeding $40,000.
Graduates having made this investment and not finding employment in the current downturn might turn to pro bono work as a way to use skills while awaiting improvement in market conditions. More broadly, an earlier post makes the case for an ethical obligation to undertake pro bono work, given that we, as gatekeepers of the self-regulating profession which this education entitles us to enter, should help secure access to justice for all.
Some, though, may view the large investment and its uncertain payoff as a deterrent from such high-minded objectives. A student recently disputed the presence of any ethical obligation to undertake pro bono work on the grounds that his education was so costly that he could properly dismiss any non-profit-making calls on his time.
Certainly one who is pressed financially can seek an institution with more manageable tuition. And some of the top-tier, top-price schools forgive loans for students working full-time in public interest positions.
But if the high price of legal education is stoking indifference to pro bono work, that's cause for concern for all of us.
Your comments are eagerly solicited.
Posted by
Robin Wright Westbrook
IBA Pro bono and Access to Justice Committee
Report rankings all list tuition of over $40,000 per year. In the case of public universities in the top 21, tuition exceeds $40,000 only for out-of-state students. Another 7 among those ranked 22nd through 50th likewise have tuitions exceeding $40,000.
Graduates having made this investment and not finding employment in the current downturn might turn to pro bono work as a way to use skills while awaiting improvement in market conditions. More broadly, an earlier post makes the case for an ethical obligation to undertake pro bono work, given that we, as gatekeepers of the self-regulating profession which this education entitles us to enter, should help secure access to justice for all.
Some, though, may view the large investment and its uncertain payoff as a deterrent from such high-minded objectives. A student recently disputed the presence of any ethical obligation to undertake pro bono work on the grounds that his education was so costly that he could properly dismiss any non-profit-making calls on his time.
Certainly one who is pressed financially can seek an institution with more manageable tuition. And some of the top-tier, top-price schools forgive loans for students working full-time in public interest positions.
But if the high price of legal education is stoking indifference to pro bono work, that's cause for concern for all of us.
Your comments are eagerly solicited.
Posted by
Robin Wright Westbrook
IBA Pro bono and Access to Justice Committee
Friday, 17 September 2010
Pro Bono Initiative
In 2001, the District of Columbia Bar Pro Bono Committee established the Pro Bono Initiative (PBI) to encourage D.C.’s largest law firms to increase their pro bono activities. Law firms participating in the PBI agreed to provide pro bono legal services at specified levels and to report their progress annually. At its inception, 41 law firms signed on to the PBI which number grew to 64 firms following a D.C. Bar campaign to attract additional firms.
A report issued by the D.C. Bar Pro Bono Committee on a 2009 survey of the PBI law firms contained information on various firms’ pro bono activities, including how they budget for pro bono, training, pro bono requirements, etc. One interesting highlight of the report was that, on average, the 53 firms which had pledged to have pro bono hours account for 3.2 percent of billable hours actually contributed 5.5 percent.
The D.C. Bar Report published the survey data without drawing specific conclusions. However, it is noteworthy that, when firms committed to providing a specified level of pro bono services, they often not only met their commitment, but exceeded it. This result merits consideration in jurisdictions where debates are underway as to the wisdom of requiring attorneys to provide specified levels of pro bono services.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
A report issued by the D.C. Bar Pro Bono Committee on a 2009 survey of the PBI law firms contained information on various firms’ pro bono activities, including how they budget for pro bono, training, pro bono requirements, etc. One interesting highlight of the report was that, on average, the 53 firms which had pledged to have pro bono hours account for 3.2 percent of billable hours actually contributed 5.5 percent.
The D.C. Bar Report published the survey data without drawing specific conclusions. However, it is noteworthy that, when firms committed to providing a specified level of pro bono services, they often not only met their commitment, but exceeded it. This result merits consideration in jurisdictions where debates are underway as to the wisdom of requiring attorneys to provide specified levels of pro bono services.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
Tuesday, 31 August 2010
Courts Taking the Lead on Access to Justice
While bar associations, law schools, international aid organizations, and others have played a significant role in addressing and raising awareness of access to justice issues, courts in recent years have taken matters into their own hands. For example, in the last several years, a number of state court systems across the US have created special access to justice commissions. See examples from Wyoming (established in 2008), Maryland (established in 2008), and Tennessee (established in 2009). The commissions take different forms, but in general they are composed of representatives from law firms and law schools, community groups, and corporations who develop policies and programs for the courts around issues such as language and cultural barriers and access issues for self represented litigants. Pro bono has been a prominent topic in the work of these commissions. Indeed, the Tennessee Supreme Court has plans for a statewide pro bono summit next year to discuss pro bono issues, preview available technology, and seek input on the development of a statewide pro bono referral system. We can stay tuned for other state court systems to follow.
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
Monday, 26 July 2010
Cooley Law School 10CORE Project
One positive by-product of the recessionary economy in the United States has been the emergence of innovative legal assistance programs geared to the needs of those underserved by the system. The 10CORE Project in the State of Michigan is an excellent example of such an innovative idea.
In the State of Michigan, a recent study by the State Bar found that while more than three million people qualify for free help from legal aid programs, three out of every seven who request assistance are turned away for lack of resources. This denial of legal assistance is occurring at a time when the housing market in Michigan is facing a record number of foreclosures and, not surprisingly, also a record number of mortgage/ foreclosure fraudulent schemes.
To address this issue, Professor Neville-Ewell, a former general counsel of the Detroit Housing Commission and former chairperson of the Michigan State Housing Development, started the 10CORE Project at the Cooley Law School in Grand Rapids, Michigan. The project, which is in its infancy, pairs volunteer attorneys with law students to write articles on various aspects of real estate transactions, to be published on a website for the general public. The purpose of the articles is to educate state residents on the protocols of real estate transactions in an effort to make them less likely to succumb to mortgage and foreclosure fraud.
The success of the 10CORE Project depends, in no small part, on the willingness of lawyers to devote time to the program. Because the Michigan Bar has a pro bono service requirement, there is significant optimism that the goals of the Project can be achieved. If the 10CORE Project is successful, it provides an interesting model for attacking a variety of other legal problems where education of those unable to obtain legal assistance is critical.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
In the State of Michigan, a recent study by the State Bar found that while more than three million people qualify for free help from legal aid programs, three out of every seven who request assistance are turned away for lack of resources. This denial of legal assistance is occurring at a time when the housing market in Michigan is facing a record number of foreclosures and, not surprisingly, also a record number of mortgage/ foreclosure fraudulent schemes.
To address this issue, Professor Neville-Ewell, a former general counsel of the Detroit Housing Commission and former chairperson of the Michigan State Housing Development, started the 10CORE Project at the Cooley Law School in Grand Rapids, Michigan. The project, which is in its infancy, pairs volunteer attorneys with law students to write articles on various aspects of real estate transactions, to be published on a website for the general public. The purpose of the articles is to educate state residents on the protocols of real estate transactions in an effort to make them less likely to succumb to mortgage and foreclosure fraud.
The success of the 10CORE Project depends, in no small part, on the willingness of lawyers to devote time to the program. Because the Michigan Bar has a pro bono service requirement, there is significant optimism that the goals of the Project can be achieved. If the 10CORE Project is successful, it provides an interesting model for attacking a variety of other legal problems where education of those unable to obtain legal assistance is critical.
Posted by
Patricia N Blair
IBA Pro bono and Access to Justice Committee
Thursday, 8 July 2010
Low Bono versus Pro Bono: A Some or Nothing Approach?
Low bono, or reduced fee representation for individuals whose incomes are too high to qualify for legal aid, has received growing attention in recent years. Solo and small firm attorneys who regularly provide discounted services or instalment plans for lower income clients have argued that this “stealth pro bono” should be taken into account when calculating bar-mandated pro bono hours.
Debates regarding the efficacy of low bono versus pro bono in fostering access to justice have also emerged. In a recent law review article, prominent low bono advocate Luz Herrera argues that: “Pro bono models do not sufficiently address the inadequacy of affordable legal services by the private bar” and that a “shift from a pro bono to a low bono legal services model would improve access to the judicial system…” Luz Herrera, Rethinking Private Attorney Involvement Through a “Low Bono” Lens, 43 Loyola L.A. L. Rev. 2009, 1.
As full-service low bono law firms pick up steam, will we come to a “some” or “nothing” crossroads? Should certain types of services remain pro bono regardless of ability to pay “something”, i.e. domestic violence?
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
Debates regarding the efficacy of low bono versus pro bono in fostering access to justice have also emerged. In a recent law review article, prominent low bono advocate Luz Herrera argues that: “Pro bono models do not sufficiently address the inadequacy of affordable legal services by the private bar” and that a “shift from a pro bono to a low bono legal services model would improve access to the judicial system…” Luz Herrera, Rethinking Private Attorney Involvement Through a “Low Bono” Lens, 43 Loyola L.A. L. Rev. 2009, 1.
As full-service low bono law firms pick up steam, will we come to a “some” or “nothing” crossroads? Should certain types of services remain pro bono regardless of ability to pay “something”, i.e. domestic violence?
Posted by
Patrice Dziire
IBA Pro bono and Access to Justice Committee
Friday, 18 June 2010
Pro bono public interest writ reveals heart-rending living conditions of widows in India
The National Commission for Women (NCW), India recently submitted its survey report to the Supreme Court of India on the neglected condition of widows living in India. The NCW conducted this survey after an order was issued by the Supreme Court of India that accepted a pro bono writ petition filed by Ravindra Bana, a senior practising counsel at the Supreme Court and Founder Director of the Environment & Consumer Protection Foundation (ECPFO).
The writ petition was filed by Ravindra Bana on behalf of ECPFO as a Public Interest Litigation, based on a newspaper report titled White Shadows of Vrindavan that highlighted the deplorable conditions of widows who are driven out of their homes after the death of their husbands to live the rest of their lives in the pilgrimage town of Vrindavan in the state of Uttar Pradesh in India. On being approached, the Supreme Court of India immediately admitted the petition and issued notices to the state and central government for their responses. In order to secure fair and detailed information about the status of these widows, the Court requested the NCW to conduct a comprehensive survey on these atrocities committed against women and to submit a report to the Court. The survey report was recently submitted after a delay and will now come up for discussion before the Court in July 2010 when the Court re-opens after its summer break.
Meanwhile, ‘The Times of India’ newspaper has provided some information about this issue, which is available here.
On a related note, the Princeton University Art Museum, New Jersey, USA, hosted an exhibition titled Beloved Daughters, which explored the lives of dispossessed widows and the challenges confronting women in India. The powerful exhibition consisted of exclusive photographs of Indian women paired with their testimony. A brief news article about the exhibition can be read on the Princeton University website.
Posted by
Anurag Bana
IBA Legal Projects Team
The writ petition was filed by Ravindra Bana on behalf of ECPFO as a Public Interest Litigation, based on a newspaper report titled White Shadows of Vrindavan that highlighted the deplorable conditions of widows who are driven out of their homes after the death of their husbands to live the rest of their lives in the pilgrimage town of Vrindavan in the state of Uttar Pradesh in India. On being approached, the Supreme Court of India immediately admitted the petition and issued notices to the state and central government for their responses. In order to secure fair and detailed information about the status of these widows, the Court requested the NCW to conduct a comprehensive survey on these atrocities committed against women and to submit a report to the Court. The survey report was recently submitted after a delay and will now come up for discussion before the Court in July 2010 when the Court re-opens after its summer break.
Meanwhile, ‘The Times of India’ newspaper has provided some information about this issue, which is available here.
On a related note, the Princeton University Art Museum, New Jersey, USA, hosted an exhibition titled Beloved Daughters, which explored the lives of dispossessed widows and the challenges confronting women in India. The powerful exhibition consisted of exclusive photographs of Indian women paired with their testimony. A brief news article about the exhibition can be read on the Princeton University website.
Posted by
Anurag Bana
IBA Legal Projects Team
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