Pro Bono: Do We Do Enough?

by Marguerite (Meg) E Shaw

I recently had an interesting discussion with one of the very dedicated lawyers in British Columbia involved in providing pro bono services to the public. The impression I received from our discussion was that he felt the lawyers in British Columbia do not volunteer enough pro bono services to the indigent. I respectfully disagreed with him, but the conversation prompted me to consider using this column to talk about the legal profession’s dedication to volunteer work and in particular voluntary pro bono work.

Most of us in the legal profession take our responsibilities as professionals very seriously. A quick web search for “profession” found some interesting definitions. The Online Ethics Centre Glossary (www.onlineethics.org) defines a profession as “An occupation, the practice of which directly influences human well-being and requires mastery of a complex body of knowledge and specialized skills, requiring both formal education and practical experience.” That same website, in the Principles of Auditing and Other Assurance Services section defines profession as “an activity that involves a responsibility to serve the public, has a complex body of knowledge, has standards for admission, and has a need for public confidence.”

Lawyers in B.C. directly influence human well-being through the myriad volunteer hours they contribute to worthy causes in their respective communities. They also serve the public and the greater good through the pro bono work provided as an essential service to those who cannot afford to pay for legal services, and who cannot qualify for legal aid funded programs. Pro bono work is provided in many ways: individuals provide services by volunteering through organizations in British Columbia such as Pro Bono Law of B.C. (www.pblbc.ca), the Salvation Army Pro Bono Program (www.probono.ca), and the Western Canada Society to Access Justice (www.accessjustice.ca); some firms provide their own pro bono services; and individual lawyers provide pro bono services on a case-by case basis or by volunteering their services to deserving organizations in their community.

At the February 2003 Mid-Winter meeting of the Canadian Bar Association in Banff, Alberta, the Council passed a resolution calling for each member of the legal profession to strive to contribute 50 hours per year or three per cent of billings to pro bono legal services. The Canadian Bar Association is not alone in its expectation for its lawyers to volunteer time and resources to pro bono services. The American Bar Association passed Rule 6.1 of the ABA Model Rules of Professional Conduct, which states that every lawyer should aspire to at least 50 hours of pro bono work per year, to be provided primarily to low income clients. Most lawyers of my acquaintance contribute far more than the 50 hours per year.

As lawyers, we can be proud of our contributions to our communities, its organizations, and the indigent amongst us. I encourage my colleagues to continue to provide these essential services. Individual lawyers and firms who wish to develop a pro bono policy can access resources through the CBA Pro Bono webpage (www.cba.org/CBA/groups/probono/). Interested lawyers in British Columbia can connect with opportunities to provide pro bono services through Pro Bono Law of B.C. (www.pblbc.ca), an organization created with the support of the CBABC, Law Society of B.C. and the Law Foundation of B.C.

This article was published in the June 2006 issue of BarTalk. © 2006 The Canadian Bar Association. All rights reserved.