Not everyone who needs legal help can afford to pay for it and are not eligible for legal aid. Pro bono solicitors and some not-for-profit organisations across the UK are there to provide support for free. But how do they get paid, why do they do it, and are there any restrictions? Read on for our full guide on pro bono solicitors.
Not everyone who needs legal help can afford to pay for it and are not eligible for legal aid. Pro bono solicitors and some not-for-profit organisations across the UK are there to provide support for free. But how do they get paid, why do they do it, and are there any restrictions? Read on for our full guide on pro bono solicitors.
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A pro bono solicitor can help individuals get access to legal advice, but the service should not be seen as an alternative to legal aid, although it can make an important contribution. Many firms across the UK have their own community investment schemes that provide advice to people who need it. With many more being members of organisations, such as LawWorks which support legal advice clinics across the country on an ongoing basis.
Why do lawyers do pro bono work?
The Law Society encourages all legal professionals to take part in pro bono work, from individuals to firms. Within the community, a firm can raise its status by being seen to have strong values and can remind lawyers about the difficulties faced by those who cannot navigate the legal process.
Many lawyers believe that providing pro bono legal services is one of the most valuable contributions they can make to their community. And supporting individuals to access justice is a crucial component of their working life, which in the present climate is arguably needed more than ever. Although pro bono work is no substitute for legal aid, it is incredibly important in supporting people during the legal process when they may not be able to get help any other way.
Pro bono work also helps trainee solicitors and other student legal advisors to develop their skills through volunteering with law clinics. Often this involves a lot of form filling, explaining basic legal processes, and being a friendly face. But over many years, law students have been given the opportunity to hone their skills and do something fulfilling, as well as putting them in touch with a more diverse range of people.
Other reasons include:
- Increases job satisfaction
- Develops legal, advocacy and leadership skills
- Broadens communication and interpersonal skills
- Boost morale and relationships across the team
- Expands networks and raises the lawyer’s personal profile
How do pro bono lawyers get paid?
Most pro bono lawyers typically work for a firm for which they are paid a salary, and provide their services as a volunteer in addition to their day job. Other legal advisors work exclusively for pro bono charity organisations or advice centres, such as Citizens Advice, and are paid for their services through them. Either way, if you are receiving pro bono assistance, you will not be expected to pay.
What sort of assistance can I expect from a pro bono lawyer?
Help can vary from completing court forms and documents such as witness statements, to progressing an application for divorce, financial settlements, a non-molestation order, or a child arrangements application. They can also give advice on how to prepare for a court hearing, and what to say and do on the day.
Essentially, any kind of legal work can be done pro bono, including full representation and court appearances. It can also include:
- One-off advice sessions
- Working with not-for-profit organisations
- Preparing documents
- International work
- Research
Where can I find a pro bono solicitor?
The reality for many individuals is that they cannot afford access to the justice system. If you need legal help and are unable to pay, the following list of places to turn may be helpful:
- LawWorks clinics network has around 300 free legal clinics throughout England and Wales. Solicitors and firms sign up as members to the network which provides resources as part of their membership.
- Locally based advice centres, this could be specific to your area or part of Citizens Advice Bureau (CAB).
- Perhaps your local university runs a law clinic as part of providing their students with legal experience during their degree course.
- Law centres – these are a network of not-for-profit legal practices. They help people living in poverty or other disadvantage who cannot afford to pay for legal services.
- Support Through Court (formerly knowns as the PSU) helps litigants in person, their friends and families, witnesses, victims, and inexperienced court users.
What happens if the court awards a costs order in a pro bono case?
Under section 194 of the Legal Services Act 2007, pro bono costs are available when the winning party is represented, whether wholly or partially, on a pro bono basis. The losing party will be ordered by the court to make a payment in an amount equivalent to legal costs to The Access to Justice Foundation. This money is then used to support legal advice charities in providing pro bono legal advice services. Before this law was enacted, a losing party would have escaped liability for costs simply because the winning party was helped pro bono.
The court considers legal costs by:
- Following the usual costs procedures as if the person being represented was not being assisted pro bono. Here, statement of costs are usually filed and served
- Utilising summary assessment or ordering detailed assessment
- Exercising special care if a case has further stages, such as a trial or appeal, as normal costs cannot be offset against section 194 sums, and payments are not returnable in the event of a subsequent adverse costs order. Here, courts may be required to reserve costs, and the court conducting the final hearing can then be invited to make a single costs order.
Pro bono work arguably plays a pivotal role in ensuring access to justice for individuals who may otherwise be unable to afford legal representation. This commitment from legal professionals contributes to a more inclusive legal system, promotes social justice, and supports the local community by aiding vulnerable individuals. The impact of pro bono legal work extends beyond individual cases, influencing systemic change and reinforcing the ideals of a just and accessible legal framework.
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