Pro bono 30 The In-House Lawyer December 2008/January 2009 PHOTOGRAPH : ISTOCKPHOTO . COM
Pro bono Something for nothing MANY RECEPTIONS HAVE BEEN HELD AT 2008’s Pro Bono Week has seen a renewed emphasis on The Law Society’s Reading Room. Yet the reception on 3 November 2008, hosted international pro bono work, thanks to the Attorney by the Attorney General, Baroness Patricia Scotland, had a more serious General, says Ben Rigby purpose than most. What was the occasion? The presence of Irwin Mitchell’s senior partner, Michael Napier QC – the Attorney General’s pro bono envoy – was one clue. But the biggest the globe, and assisting in attracting genuinely do much more good for noble tip-off lay in the stands eagerly staffed resources. causes by making their professional skills by lawyers highlighting initiatives from To supplement the database, a core available for free? death penalty advice and human rights set of principles will set standards for Baker & McKenzie’s pro bono partner defence, to working in international those delivering international pro bono Stephen Jones says there are different development. This pro bono work is work. The statement of principles has been aspects to volunteering – both the legal welcomed by Baroness Scotland. ‘There endorsed by The Law Society and others, and non-legal side. ‘Our aim is to encourage has been a long tradition of deploying UK including the International Bar Association people to do that which they feel the most legal expertise to assist those in need in (IBA) and the Bar Council. Paul Marsh, good about doing,’ he explains. ‘We give our other countries, especially in the president of The Law Society, notes: ‘The time, skills and money in different ways. We developing world,’ she notes. statement of principles and International participate in initiatives that are more to do The reception launched a database of pro bono database are developments that with charitable giving, for which we international pro bono projects, and a the profession can be proud of.’ He adds: maintain a separate programme of protocol to promote high standards in pro ‘They mark another key stage in helping participation, where we agree to match our bono work abroad. Both are initiatives of meet the unmet legal need in this country donations to that raised by individuals. This the Attorney General’s international pro and in the developing world.’ is so people feel they can find the best way bono committee. The database includes to do something that’s relevant to them.’ details of over 200 projects in around ALL GOOD WORK? Charities like Cancer Research UK and 75 countries, and is aimed at With companies happy to allow staff to children’s hospice Richard House have encouraging best practice, raise money by cycling to Cuba, or climbing benefited as a result. Oxfam’s in-house co-ordinating UK-originated Kilimanjaro, doing good work has generally counsel Joss Saunders says: ‘It’s important pro-bono work around never been easier. But can lawyers to distinguish between projects aiming to > December 2008/January 2009 The In-House Lawyer 31
Pro bono ‘The solicitors’ profession is extremely diverse and I am confident that volunteers can be found to satisfy the need for pro bono work both here and abroad.’ Nigel Dodds, The Law Society Charity > help somewhere – like painting a school – levels.’ She adds: ‘Unfortunately, too many which is corporate social responsibility, and firms rely on trainees and junior associates legal advice through pro bono.’ He adds: to carry out pro bono work.’ ‘There can be overlaps between different The Attorney General, speaking types of project, and you can have younger exclusively to IHL , referred to the new lawyers involved in both.’ principles. ‘Of course the same high A different distinction matters to Chris standards must apply.’ she says. ‘There Marshall, Reed Smith’s European pro bono should be no distinction in terms of quality and community manager, who points out: as to the advice given, whether you are ‘Law is fundamental to people’s lives. It paid, or unpaid.’ She adds: ‘What counts is enables them to own property, ensures that you are doing a job, doing it well, and they can access healthcare and defines an with care and attention equal to that of individual’s relations with their employer, paid work. That’s really important.’ their government and their neighbour. By Given the importance that technology offering their skills for free, lawyers can plays in delivering global legal services, the make an incredible difference.’ He gives advent of the pro bono database is a good one example: ‘Globally, four billion people thing, says Marshall: ‘Having a single live without access to the law, according database of projects and an agreed set of CONNOR: pitches taking account of pro bono to the Commission on Legal Empowerment principles by which all will work is a of the Poor. By working on pro bono significant achievement.’ projects we can ensure that number is Yet the IBA also has its own database. means understanding the cultural and brought down.’ Won’t this lead to duplication in doing good political background to a project. In What do those involved with the work? Not so, says Anurag Bana, an IBA particular, knowing how those working in sector think? Jeffrey Steinhardt, a former project lawyer. Bana points out that the IBA the field go about assessing the need for in-house lawyer at Microsoft, is a trustee of participated in the development of the UK involvement. Saunders says: ‘The level of a charity, Evidence for Development. He database, whereas the IBA’s international familiarity you need to have with the agrees with Marshall’s assertion that the pro bono website (which can be found at cultural and political background varies legal profession enjoys a privileged position www.internationalprobono.com) is more from project to project. Some projects are in most societies, with skills and resources similar to a moderated wiki. straightforward; you will apply UK legal that are in short supply. Steinhardt warns, Bana explains: ‘It provides facilities for skills to a technical problem, and deal with however: ‘You need to be careful that in legal professionals worldwide to exchange a UK-resident lawyer. Others will require a providing resources “for free” you have the experiences and information on pro bono second stage of understanding.’ same level of commitment, continuity, and initiatives across jurisdictions in a different ‘Quite often when law firms do high standards that you bring to your “day manner.’ He argues: ‘Our focus is on contracts they can produce rather heavy job” and regular clients.’ archiving and sharing resources of every contracts, with extensive documentation, Rebecca Hilsenrath, the new chief kind with pro bono practitioners to which can be intimidating,’ Saunders executive of LawWorks (the operating facilitate their practice and encourage explains. ‘It’s important that any contract name of the Solicitors Pro Bono Group), dialogue, rather than providing details on reflects how charities work, and the says: ‘Many lawyers, even within LawWorks current projects.’ relationships, property, and people that member firms, do not see pro bono work as charities deal with.’ their responsibility but, to develop pro bono CONTEXT IS ALL So producing a long corporate further, it is important for the profession to One aspect of getting involved is knowing document with extensive articles of be able to rely on role models at senior what it is that you are getting into. That association isn’t usually appropriate when 32 The In-House Lawyer December 2008/January 2009
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