While I have some sympathy with the views expressed by DPC O'Hagan (see [2008] Gazette, 14 February, 13) regarding the 'squeeze' on legal aid, I feel I must respond to his comment concerning pro bono.
There certainly has been a welcome growth in legal pro bono work over the last few years. This is, however, for a number of reasons, mostly unconnected with the legal aid situation.
Firstly, legal aid in England and Wales continues to be among the best funded anywhere. That is not to say that legal aid meets the perceived need, but by comparison to most other countries state-aided legal assistance is not insignificant. Rather like the NHS, however, there are now many more possible uses for the funds available.
Secondly, legal pro bono work is not new. Indeed, the legal profession has always outshone others in its willingness to help those with limited or no means. What has happened recently though is a move towards better organised and more efficient use of volunteer legal services grouped around large law firms which can provide great numbers of lawyers. All this is aided by the influx of US firms over the last decade. These firms arrive with a strong pro bono ethos already embedded, coming as they do from a jurisdiction where state-aided civil work is virtually unknown.
Thirdly, the number of lawyers in England and Wales has grown disproportionately in recent years. Inevitably then, more of them are available and willing to do voluntary work.
Fourthly, the City firms, where much of this expansion has occurred, are themselves under pressure from their corporate clients to provide a corporate social responsibility service and, as lawyers, what better way to do so than via legal pro bono work?
Finally, we need to recognise that society has become more aware of the needs of the socially excluded. Lawyers, being only human, generally find it hard to stand aside when that need is presented to them by the press and others.
The 2,200 lawyers who volunteer for LawWorks projects every year simply see a need and feel obliged to address it, as they have always done. The fact that a spotlight of publicity now follows their every move has not, and will not, prevent them from helping where help is needed.
Robert Gill, Chief Executive LawWorks
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