The pro bono protocol says work of this nature is ‘always only an adjunct to, and not a substitute for, a proper system of publicly funded legal services’. This can be a difficult distinction at times, but it has been the mantra of the pro bono movement as it has grown over the past 15 years.
So when legal aid minister Lord Bach told the joint national pro bono conference this week that there is a ‘dire need’ for pro bono work at a time of a capped legal aid budget, he seemed to be going that one step further – rather than topping up legal aid, pro bono could be the only way to maintain provision in those areas where legal aid is withdrawn.
This is a tough issue for the profession to address. It is not for lawyers to relieve the government of its obligation to ensure citizens can secure access to justice, but it would be hard to turn one’s back on those left exposed by legal aid cuts in pursuit of a point of principle. But it will have to be the profession that says ‘only so far and no further’ – it is unlikely the government will do so either now or in the future.
More positively, the conference showed how the movement is clearly up to the challenge. There is now a strong, motivated and coordinated cohort of people at the heart of pro bono that the profession can be proud of.
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