Beyond the call of duty
Were it not for pro bono, many people would be denied legal representation. As lawyers, the desire to succeed in a case should apply whether or not the client is paying, says Lydia Pemberton
I am a firm believer in the adage that 'to whom much is given, much is expected'.
As a lawyer, whether in practice or within the academic sphere, it is sometimes easy to underestimate just how daunting it may be to appear as a litigant in person. Of course, one always has to be realistic and build a sustainable, income-based practice, but the pursuit of such should not be at the total exclusion of those who need help but cannot access it.
It should be a given that as a law student, trainee or newly qualified solicitor, one has the skills and knowledge to sometimes work on a pro bono basis; often what is lacking is the inclination. But if there is time to be given, I would urge you to consider volunteering.
The Bar Pro Bono Unit, (the equivalent to the solicitors' LawWorks) is a charity which acts as clearing house to marry the disciplines and interests of its barrister volunteers with the needs of those calling upon it.
To qualify for assistance, a client must be unable to pay privately, be ineligible for public funding, and be without any alternative course. If eligible, the assistance offered can range from initial advice and mediation, through to representation at the court or tribunal hearing.
As lawyers, the desire to succeed is the force that drives us to prepare thoroughly, listen carefully and argue forcefully. Such a desire should apply whether or not the client is paying. Acceptance of instructions on a pro bono basis carries with it the same expectation as any set of instructions from a lay or professional client. The conduct of the case is based upon the same rules, duties and professional codes as any other, and it is imperative that the approach taken is in no way affected by the lack of remuneration.
Accepting the challenge
As a volunteer, I have promised to provide three days per year for pro bono work, which includes preparation time. The unit cannot ask me to undertake any further, although I am satisfied that they would embrace such an offer, were I to make it!
The unit may limit the extent of assistance available and it is vital that a volunteer does not step outside that remit, even if one feels that it is merited.
I was approached by my family clerk at the start of my second six months of pupillage to ask whether I would consider taking on a case for the Bar Pro Bono Unit. I had to review the papers to ensure that the matter was something within my knowledge and competence, and once this was established the unit ceased its involvement and I was asked to converse with the client directly.
I was instructed to represent an applicant mother seeking a 'specific issue order' under the Children Act 1989. The mother had changed the children's names by deed poll without the respondent father's knowledge or consent, which had caused real consternation. The proceedings also involved the father's application for parental responsibility and contact, but, as the unit had explicitly denied representation for those issues, I was bound by that limitation.
I applied the same time and energy to the preparation of this case as I would to any other matter of a similar nature '“ perhaps more so, as I communicated directly with the client, which is not usual practice as a barrister. The matter proceeded before a circuit judge at the county court, where I presented my skeleton argument, opened the case, presented the evidence, cross-examined the father and questioned the CAFCASS officer, before closing.
The mother's application was, on the whole, successful and she was pleased with the outcome. I cannot say whether or not her success was a result of my advocacy skills alone, but the fact remains that she would have had to cross-examine and present her submissions by herself without the unit's involvement. As it was, she was able to access the same assistance, advice and representation as if she had been paying for it.
An opportunity worth taking
Volunteering with the Bar Pro Bono Unit, LawWorks or a university law clinic will not take all that much time or break the bank, and if the opportunity presents itself I would urge you to take it. It can be an effective way both to introduce oneself to litigation and advocacy and to improve your skills. With ability comes responsibility and, for this reason, I would invite you to consider how little three days a year means to you, and how much it could mean to someone else.