Do the right thing

Following the YSG awards and a session at the ABA conference, pro bono projects look set to soar even more.

Jonathan Ames considers the altruistic streak in the legal profession

In simple terms, pro bono is all about lawyers doing the right thing.

And at a time when the legal profession faces a barrage of criticism for allegedly being populated by fat cats who are driven solely by greed, it is useful to be able to point to the variety of formal pro bono activities in which so many solicitors are involved.And pro bono is soon to take an even higher profile within the legal profession.

The Law Society's reputation working party is putting together proposals that are likely to go before the profession's ruling Council in September.

Loosely modelled on the situation in the US, the working party's proposals would set an 'aspirational target' of 40 hours annually for all practising solicitors.

Barbara Cahalane, the Society's director of communications, says research shows that solicitors on average are already doing about 37 hours a year of voluntary work, so formalising the target would be mostly about recognising work that is currently being done.Clearly, there is a plethora of issues surrounding pro bono, and last week many of them got a good airing.

First came the Young Solicitors Group annual pro bono awards - sponsored by the Gazette - which highlighted just how much vital voluntary work is currently being done by the legal profession in this country.

Then came a session at the ABA 2000 conference where pro bono campaigners from both sides of the Atlantic were brought together to swap notes.What is striking about the YSG awards is the wide variety of work being done by firms of all sizes around England and Wales, although many of the best publicised schemes are London based.

That voluntary work stretches the gamut from helping at community advice surgeries to providing defence advice to death row inmates in other Commonwealth jurisdictions.

Experienced pro bono activists in this country are encouraged by what they view as an ever increasing interest within the legal profession for voluntary work.

As the outgoing YSG chairwoman, Sara Chandler, says: 'The enthusiasm and dedication of the pro bono [awards] finalists will surely have an impact on the profession and its growing reputation for involvement in the community.'Indeed, the ABA conference session on pro bono highlighted the issues that will soon have to be tackled in this country as voluntary activities become more structured.

For a variety of reasons, the pro bono culture in the US is arguably farther advanced than it is in the UK.

And an embodiment of pro bono evolution in the US is Ronald Tabak, special counsel to top New York-based Skadden Arps Slate Meagher & Flom, who is effectively devoted full time to co-ordinating his firm's pro bono activities at its offices around the US.

At the London session last week, Mr Tabak pointed out that there are potential pitfalls to pro bono that might not as yet have occurred to UK lawyers.

For example, he referred to the right-wing Federalist Society in the US which demonstrated outside the ABA's New York annual conference earlier this month.

The society set as its task of alerting law firm clients that the pro bono work engaged in by their lawyers often benefits what it would describe as unsuitable left-wing causes.

'Firms must be careful when they are promoting how much pro bono work they do so that they don't antagonise some of their clients,' warns Mr Tabak.However, the client objection argument can be turned on its head, according to other lawyers.

Indeed, many pro bono activists in the UK point to a recent announcement by British Aerospace that it wished actively to promote voluntary work by lawyers.

To that end, the company now takes a keen interest in whether or not its outside law firms do pro bono work before instructing them.

This view was also supported at the ABA 2000 meeting where Stephen Hanlon from Florida law firm Holland & Knight indicated that US corporate clients are increasingly demanding that their outside law firms are actively involved in pro bono.

Indeed, that approach is already spreading to the UK beyond just British Aerospace.

Helene Kydd from Herbert Smith told the ABA 2000 meeting: 'In the City we are beginning to find an increasing number of clients are asking what sort of pro bono work do lawyers do; and the silence has been deafening on the part of a few law firms.'But one of the big questions on the pro bono issue in the UK is what is the government's position? Many lawyers involved in pro bono work fear that the Lord Chancellor's Department could take the view that voluntary work is an easy supplement for a properly funded legal aid scheme.

Ironically, there is also an argument that as the government has cut back on legal aid and in turn promoted conditional fee agreements, there is no reason to conduct a contentious action in this country purely on a pro bono basis.

As one lawyer says: 'You should always at least consider having a go at a CFA first.'Quality of work is also an issue pro bono activists are keen to address.

It is vital, they maintain, that law firms - especially the large corporate players - do not allocate only trainee or junior staff to their pro bono programmes.For whatever reasons lawyers are motivated to do pro bono work - marketing, altruism or a mixture of both - real people undoubtedly benefit from legal advice that they would otherwise not hope to receive.

The issues surrounding the concept of pro bono might be still up for discussion, but that basic fact remains unchanged.

The winners

Richard Pierce of City firm Clifford Chance took not only the prize for work done from a large firm, but also a special overall award for his outstanding contribution to various voluntary causes.

Primarily, gives time as a co-ordinator and adviser at the organisation Hackney People's Rights in London's east end, and at Wandsworth & Merton Law Centre in the south-west of the capital.

He also volunteers for the human rights organisation, Amnesty International, and for Foodchain, where he provides support for housebound people suffering HIV or Aids.

Philip Cartin of south London law firm Ewings won the prize for work done from a small firm.

He volunteers at the Streetwise Law Clinic in Penge as well as for Youth Action 2000, a youth support centre.

He also does work for the Lewisham Irish Centre, St Stephens Roman Catholic Church, and the Shepherd's Bush and St Edmunds' Church.

Yagazie Nwaigwe of Harlow Council took the award for work done from a position in central and local government or in-house in commerce and industry.

He volunteers as a duty representative at Woolwich County Court in south-east London, as well as doing work for Plumstead Community Law Centre.

A group of 14 solicitors form City firm Simmons & Simmons took the prize for work done by a team.

The S&S lawyers volunteer at the Battersea Legal Advice Centre in south London, where they are responsible for organising and running the evening session.

The team comprises: Chris Barlow, Lisa Cristie, Simon Yates, Nadia Al'Aidarous, Stephanie Luxton, Robert Johnson, James Baird, Harriet Hohler, Louise Bucziekwicz, Camilla Barry, Alex Brown, Nick Metson, Caroline Hunter-Yeats and James Taylor.

Belinda Moffat of City firm Ashurst Morris Crisp was awarded the Wig & Pen Prize by the local law societies of Holborn and the City of London.

She represents death row prisoners in the Caribbean and volunteers at the Toynbee Hall Community Law Centre in London's east end.

The other finalists

Large firmsJane Swann was at City firm Herbert Smith at the time of her nomination, but has since moved to Square Mile counterpart Linklaters & Alliance.

Volunteers at the Mary Ward Centre, giving advice and representing claimants before employment tribunals.Frances Watson from City firm Allen & Overy volunteers at Friends United Network in north London, a charity which helps isolated and vulnerable children.Patrick Wegerdt from City firm Norton Rose.

Volunteers at Tower Hamlets Law Centre in Stepney Green, east London.Christopher Barlow from City firm Simmons & Simmons.

Volunteers at the Battersea Legal Advice Centre where he co-ordinates volunteers as well as giving advice.Jill Greenfield from London Holborn firm Reynolds Porter Chamberlain.

Volunteers as a representative of death row prisoners in the Caribbean.Graeme Johnson from City firm Herbert Smith.

He volunteers at the Whitechapel Legal Advice Centre in east London, where he organises the team and provides advice.

He also formerly co-ordinated advice at Cripplegate Law Advice.Barry Matthews from City firm Lovells.

He volunteers at Body & Soul, a charity which provides support services for young people who are HIV positive.

Small firmsTim Cook from London firm Dilworths & Co.

He volunteers on the duty representation scheme at Woolwich County Court on possession days.Amjad Malik from Manchester firm Bhatti Solicitors.

Volunteers at Manchester and Oldham Citizens Advice Bureau where he deals in high-profile immigration and domestic violence cases.Central and local government/in-housePhilip PerrotaWorks for the in-house legal team at BAE Systems and gives time to the Welwyn/Hatfield Council for Voluntary Service.

Team categoryHerbert Smith's team which volunteers at the Whitechapel Legal Advice Centre in east London includes: Graeme Johnson, Zoe Pike, Andrew Gill, Hayley Evans, Scott Halborg, Eamonn Connolly, Naomi Gross, Stephen Kempster, Stuart Paterson, James Terry, Iain Williams and Nicholas Diamand.