New research: ‘professional responsibility’ and ‘moral obligation’ are main reasons lawyers do pro bono

The UQ Pro Bono Centre Report on their Pro Bono Values Project, titled What does pro bono publico mean to lawyers?, found that a sense of moral obligation and professional responsibility were nominated by the most lawyers (28 per cent each) as reasons why they do pro bono work, followed closely the need to improve access to justice (21 per cent).

Other key findings were:

• Community legal centres are the key channel through which pro bono work is administered;
• Lawyers understood the concept of pro bono to derive from a service ideal and not ‘charity’, which they thought of as a broader set of activities that do not involve the provision of legal skills;
• Some pro bono schemes are too ‘safe’ – making lawyers feel that they are only assisting on the margins and not being given carriage of matters in ways that allow them to exercise their full professional judgment and autonomy;
• The majority of participants thought that pro bono work is and should be conducted to the same standard as fee-paying work;
• Lawyers in small firms often did pro bono work in the own time and after hours; and
• Many participants expressed frustration at the lack government funding for the provision of legal services and the idea that pro bono work will fill this gap.

Fifty-five lawyers working in small, medium and large law firms, community legal centres, in-house counsel, Legal Aid and the private bar were interviewed by telephone for the Project, which aimed to gain a greater insight into lawyers’ personal motivations and values that contributed to their engagement with pro bono work, and their perceptions of pro bono trends and debates.

A full copy of the Study can be found here. The Report also addresses other areas including views about international pro bono work, gender sentiments about lawyering and the effect of differing institutional settings on engagement in pro bono work.

Monica Taylor, Director of the UQ Pro Bono Centre, and Clare Cappa, Senior Lecturer in the TC Beirne School of Law at UQ, also recently wrote in the most recent issue  – 41(2) – of the Alternative Law Journal about the Project.

I enjoy it. I think it is part of how I see myself as a lawyer. I couldn’t imagine not doing it. It’s a way to give back to the community and use the particular skills that I have…

Senior Associate, Large Law Firm

…If you have a reasonable life yourself and have the time, energy and resources, then it’s good to help others less fortunate; particularly those who need a bit of assistance to get back in the race and on the track and it makes a big difference if you can do that. That’s always been part of my mantra I suppose…

Special Counsel, Large Law Firm

Charitable acts do not involve the provision of legal advice. It might be volunteering, donating something practical or donating money. But the donation of money is not pro bono even if you are donating it to a CLC or some other legal service.

Associate and Pro Bono Coordinator, Large Law Firm

We have to act without fear or favour. Without favour includes that, “you are paying me therefore I will do a better job”. We have a duty to the court that is not diluted by the fact that they are not paying. For some, if they were being honest, would say that is the case. But for me personally if I take a matter on, regardless of if I have been paid or not, they get the same treatment.

Barrister

This is probably one of my bugbears….recent cuts to funding, particularly… by state and federal governments and the fact that there is an expectation that [legal services] will be picked up by the pro bono sector. Part of me goes, well if we all just stopped helping, then the government might have to do something. But I also can see the significant downfalls in that…. the government kind of gets away with cutting very required area of legal need.

Lawyer, Medium Law Firm