Pro Bono: Increased Need Brings Increased Opportunity

PRO BONO PRACTICE
PAPER 1.2

Pro Bono:
Increased Need Brings Increased Opportunity

These materials were originally prepared by Jamie F. Maclaren, Pro Bono Law of BC, Vancouver, BC, for the
Continuing Legal Education Society of British Columbia, April 2007 and have been updated by the author for
September 2008.
© Jamie F. Maclaren

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                                PRO BONO: INCREASED NEED
                              BRINGS INCREASED OPPORTUNITY

I.     The Need for Pro Bono ........................................................................................................ 1
II.    The Organized Opportunities for Pro Bono........................................................................ 2
       A. Legal Advice Clinics ............................................................................................................. 2
       B. The Pro Bono Law of BC Roster Programs ......................................................................... 3
       C. Civil Chambers Pro Bono Duty Counsel Project................................................................. 4
III.   The Incentives for Pro Bono ................................................................................................ 4
       A. Training ................................................................................................................................ 4
       B. Disbursement Coverage ........................................................................................................ 4
       C. Insurance Coverage ............................................................................................................... 4
       D. Mentoring and Junioring ...................................................................................................... 5
IV.    The Resources for Pro Bono................................................................................................. 5
V.     Appendix A—Pro Bono Law of BC: Best Practices for Pro Bono Delivery
       Programs in British Columbia ............................................................................................. 7
VI.    Appendix B—Pro Bono Law of BC: Insurance for Lawyers Providing Pro Bono
       Services............................................................................................................................... 11
VII.   Appendix C—Pro Bono Law of BC: Referral and Matching Protocols.............................. 17
VIII. Appendix D—Pro Bono Law of BC: Referral Form........................................................... 21
IX.    Appendix E—Pro Bono Law of BC: Service Agreement .................................................... 23

                                             I.      The Need for Pro Bono
Despite ongoing justice reform initiatives, it is an indisputable fact that British Columbians face
increasing challenges in gaining access to justice. As elsewhere in the developed world, the gap between
rich and poor has widened in BC, the law has become increasingly complex, and severe budget cuts
have had a dramatic impact on the availability of legal aid. For these and other reasons, more and
more litigants are appearing in courts and tribunals without a lawyer. Low-income and most modest-
income individuals simply cannot afford to pay for legal services. At the same time, social service and
community organizations that have traditionally assisted individuals of limited means are finding their
resources stretched to the limit. The challenges of gaining access to justice are real.
Fortunately, BC’s lawyers have responded well to the urgent need for access to justice and the
emergent call for pro bono legal services. Though motivations vary from person to person, most
lawyers recognize a professional responsibility to provide pro bono legal services to those who could

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not otherwise afford them—premised on the fundamental proposition that no one should be denied
access to justice because of poverty. In a modern democracy that is dedicated to the rule of law, the
justice system should be accessible to everyone.
            The lawyer’s function is grounded in role morality, the idea that special obligations
            attach to certain roles, in this case, to render justice. Lawyers claim autonomy to
            perform their functions as a consequence of specialized knowledge and skill. The
            state grants autonomy, an effective monopoly, in exchange for lawyers, as officers of
            the court, discharging their duty to further equality before the law. After all, the
            very reason the state conferred such a monopoly was so that justice could best be
            served, a notion that surely means that even those unable to pay or those pursuing an
            unpopular cause can expect legal representation. A lawyer’s duty to serve those
            unable to afford to pay is thus not an act of charity or benevolence, but rather one of
            professional responsibility, reinforced by the terms under which the state has granted
            to the profession effective control of the legal system.
            Katzman, R. ed. (1995) The Law Firm and the Public Good, Washington DC: The
            Brookings Institution.
It is Pro Bono Law of BC’s strongly held view that government has the primary responsibility to
provide adequate legal aid to ensure equal access to justice. The legal profession does, however, play a
fundamental role in ensuring the proper administration of justice. Even with a properly funded legal
aid system, there have always been those who lack the means to obtain legal assistance or
representation. By providing pro bono legal services to those in need, lawyers uphold a noble tradition
of the bar and give life to the phrase “pro bono”—for the public good. Pro Bono Law of BC
recognizes that such pro bono activities are an important aspect of professionalism and the practice of
law.

                   II.    The Organized Opportunities for Pro Bono
By any measure, BC is a national leader in the provision of pro bono legal services to members of the
public. From advocacy centres to legal aid offices to pro bono clinics, a far-reaching community of
organizations exists to provide pro bono legal services to BC’s diverse population.
Testament to the strength of BC’s pro bono culture, more than 1,000 lawyers and law students
volunteer to provide free legal services at over one hundred clinics throughout BC, and also through
several pro bono programs offering full legal representation to all low-income and modest-income
individuals. Hundreds of trained advocates work in urban and rural communities to protect the rights
of the poor and marginalized. Legal aid programs provide free legal assistance and representation to
those who could not otherwise afford them. Finally, BC’s many courthouses offer libraries and
information centres at which members of the public may educate and inform themselves of the law.
Whether you seek to provide pro bono assistance to individuals or to organizations, there are several
options from which to choose—ranging from volunteer opportunities that can be served directly from
your office, to opportunities to staff clinics on the front lines of pro bono service provision. Each
model presents specific advantages, and no single model is definitive or all-encompassing. We therefore
encourage you to consider all of the following opportunities.

A.    Legal Advice Clinics
In legal advice clinics, volunteer lawyers meet with low-income individuals to provide summary legal
advice on such issues as criminal, family, immigration, small claims, bankruptcy, and residential
tenancy law. Volunteer lawyers typically commit two to four hours per month and need not assume
responsibility for the underlying administrative arrangements.

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The two main clinic programs are operated by the Western Canada Society to Access Justice and the
Salvation Army Pro Bono Program. Together, they operate over seventy clinics in areas throughout
BC. To find the clinic nearest you, search for ‘legal advice’ clinic locations through the
ProBonoMapBC website at www.probonomap.bc.ca.
In the Lower Mainland, lawyers may also serve as supervising lawyers for student-run legal advice
clinics operated by the UBC Law Students’ Legal Advice Program. Call (604) 822-5723 or visit
www.lslap.bc.ca for more information.
In addition to the above, there are several stand-alone organizations that operate legal advice clinics
and/or advocacy programs targeted at specific client populations in locations throughout BC. For a
partial list of such organizations, visit www.probononet.bc.ca/specializedadvice.php.

B.    The Pro Bono Law of BC Roster Programs
The Roster Programs provide pro bono assistance and representation to individual and organizational
clients by first receiving screened client referrals from pro bono clinic lawyers, private lawyers,
advocates and law students, and then distributing the referrals (on a strict “no obligation to respond”
basis) to rosters of interested lawyers according to geographic area, practice area and stated interest.
Roster lawyers choose how and when they are able to provide pro bono assistance—from basic help on
single, discrete issues to full-service representation. The Roster Programs thus provide pro bono
assistance and representation services to low- and modest-income individuals that complement the pro
bono advice and information services provided at legal advice clinics and legal information centres.
Presently, the Roster Programs include:
1.    The Court of Appeal Program
      Services: Representation and assistance to individuals appearing before the BC Court of Appeal.
2.    The Family Law Program
      Services: Representation, assistance and mediation to individuals with family law issues involving
      divorce, separation, custody, access, guardianship, child support, etc.
3.    The Federal Court of Appeal Program
      Services: Representation and assistance to individuals appearing before the Federal Court of
      Appeal.
4.    The Judicial Review Program
      Services: Representation and assistance to individuals bringing judicial review of tribunal
      decisions to BC Supreme Court.
5.    The Mediators’ Program
      Services: Mediation services to low- and modest-income parties seeking mediated settlements to
      their civil and family disputes.
6.    The Solicitors’ Program
      Services: Advice and assistance to community organizations on discrete tasks such as developing
      board governance, drafting bylaws and policies, and employment and human rights matters.
      Free seminars on legal issues relevant to non-profit organizations.
7.    The Wills & Estates Program
      Services: Solicitor services to low-income individuals seeking assistance with wills, powers of
      attorney, committeeships, and other simple estate matters.
To register for any and all Roster Programs, visit www.probononet.bc.ca/rosterprograms.php.

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C.    Civil Chambers Pro Bono Duty Counsel Project
Pro Bono Law of BC also operates the Civil Chambers Pro Bono Duty Counsel Project at 800 Smithe
Street in Vancouver. Each Wednesday, volunteer lawyers from several large Vancouver law firms
provide pro bono legal representation and assistance to low- and modest-income litigants appearing in
civil chambers (BC Supreme Court and BC Court of Appeal).
For more information on the Project, visit www.probononet.bc.ca/chambers.php.

                              III. The Incentives for Pro Bono

A.    Training
However provided, all pro bono legal services result in training opportunities for students and legal
professionals. Young lawyers are particularly well-served in taking on pro bono representation cases
as a means of gaining valuable in-court experience. Pro bono cases and clinic consultations also
provide excellent opportunities for developing and honing effective client interaction skills. Finally,
pro bono cases may also serve to expose lawyers and students to new practice areas, thus broadening
the scope of their professional development.
Pro Bono Law of BC offers the Online Poverty Law Training Course as a free online training course
for lawyers and of benefit to some non-lawyer legal professionals (such as paralegals and advocates
working in areas of poverty law). Accessible at www.probononet.bc.ca/onlinepovertylaw.php, the
Course provides an overview of welfare law, income assistance and disability assistance, effective skills
for interviewing poverty law clients, reconsideration applications, tribunal proceedings and judicial
review applications. Each self-paced module includes quick links to resources, a case study and quiz.
The Law Foundation of BC provided funding for the Course.
Pro Bono Law of BC works with other pro bono stakeholders to develop and provide free or low-cost
training opportunities for pro bono lawyers, advocates and students wherever possible. The 2008 Pro
Bono Practice CLE, for instance, is a joint endeavour of the Continuing Legal Society of BC, Pro
Bono Law of BC, the Western Canada Society to Access Justice, the Salvation Army Pro Bono
Program, and others. If you have ideas concerning potential training opportunities, please convey
them to Pro Bono Law of BC or any other pro bono organization, as they will be gladly received.

B.    Disbursement Coverage
Made possible by a grant from the Law Foundation of BC, Pro Bono Law of BC provides
disbursement coverage for all pro bono cases that involve poverty law issues and are administered
through the Roster Programs. Roster lawyers who provide pro bono litigation services to low-income
individuals may bill Pro Bono Law of BC for the cost of disbursements incurred up to $2,500 (or
beyond in special circumstances).
Pro Bono Law of BC also provides disbursement coverage for some pro bono cases that involve
poverty law issues but are not administered through the Roster Programs. To determine whether or
not your pro bono case qualifies for disbursement coverage, please contact Pro Bono Law of BC at
(604) 893-8932 or visit www.probononet.bc.ca/disbursements.php.

C.    Insurance Coverage
Pro Bono Law of BC works closely with the Lawyers’ Insurance Fund to provide full professional
liability insurance to part-time, non-practicing and retired members of the Law Society of BC, as well
as to government lawyers and in-house counsel for approved pro bono legal services. Approved

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programs currently include the MS Society’s Volunteer Legal Advocacy Program, the Western Canada
Society to Access Justice clinics, the Salvation Army Pro Bono Program clinics, the Artists Legal
Outreach clinic and the Roster Programs. For more information on the nature ands scope of pro
bono insurance coverage, consult the attached Insurance Information Sheet.

D.    Mentoring and Junioring
Each pro bono case administered through the Roster Programs brings the possibility of mentorship
from a registered senior or retired lawyer through the Canadian Bar Association’s new Mentorship
Programk, and/or the possibility of research assistance from a law student through Pro Bono Students
Canada. Pro bono cases have proven to be excellent vehicles for bringing together all generations of
legal professionals.

                            IV. The Resources for Pro Bono
For resources relevant to pro bono practice, refer to the attached documents and to these CLE
materials. Also, visit www.probononet.bc.ca or contact Pro Bono Law of BC at (604) 893-8932.

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V.   Appendix A—Pro Bono Law of BC: Best Practices for Pro Bono Delivery
                      Programs in British Columbia

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VI. Appendix B—Pro Bono Law of BC: Insurance for Lawyers Providing Pro
                            Bono Services

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VII. Appendix C—Pro Bono Law of BC: Referral and Matching Protocols

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VIII. Appendix D—Pro Bono Law of BC: Referral Form

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IX. Appendix E—Pro Bono Law of BC: Service Agreement

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