Welcome to the March 2013 edition of National Pro Bono News, produced by the National Pro Bono Resource Centre.

1. CONFERENCE: Two weeks until the National Access to Justice and Pro Bono Conference 2013 in Melbourne
2. NEWS: Five new Target signatories
3. SEMINARS: Best Practice in Pro Bono Forums
4. Case study: Taking a close look at the legal framework that regulates Nepalese Migrant Workers
5. LECTURE: Salvos Legal Lecture promises to be ‘one not to be missed’
6. CONFERENCE: Legal (r)Evolution Conference
7. CONFERENCE: Abstracts for proposed NACLC conference sessions due shortly
8. JOBS: For the latest jobs check out Social Justice Opportunities
9. PRO BONO IN THE NEWS: February – March 2013

It’s only two weeks until the National Access to Justice and Pro Bono Conference 2013 will be held in Melbourne, hosted by the Centre, the Law Council of Australia and the Law Institute of Victoria.  Registrations are strong and we hope to see you there.  Don’t forget there is a community organisation price of $385 for 2 days or $176 for one. 

Register Now!

Thirty law students (out of 64 entrants) from around the country have been selected through a Facebook based competition to attend the conference free of charge and will also attend a special event to be held at DLA Piper the day before looking at career pathways and a special Q and A session moderated by Julian Burnside QC that delves into the concepts and themes to be addressed at the Conference, such as access to justice, emerging trends and the rule of law.

The Centre will be providing ‘first looks’ at its upcoming publications What Works in Pro Bono – a practical guide to effective pro bono partnerships and pathways – and Why Not Family Law – a discussion paper on the issue of pro bono assistance for family law and family violence matters.

The Hon Mark Dreyfus QC MP, Attorney-General of Australia, Senator the Hon George Brandis SC, Shadow Attorney-General and Senator the Hon Penny Wright, Greens spokesperson for the portfolio of Attorney-General, will be speaking at the Closing Plenary of the Conference.

 We welcome law firms Colin Biggers & Paisley (Melbourne and Sydney – about 100 lawyers) and Sparke Helmore (8 Australian offices – about 280 lawyers) as new signatories to the National Pro Bono Aspirational Target for 2013. 

We also welcome as new signatories solicitor David Crompton and two incorporated legal practices: Hallet Legal (Brisbane) and Hemsley Lawyers (Sydney – an integrated commercial law firm and chartered accounting practice).

The National Pro Bono Aspirational Target was launched in April 2007 and now has 108 signatories that cover over 8,000 lawyers nationally.  Law firms, solicitors, barristers and barristers chambers can all sign up easily online.

 Based on the results of the Centre’s 2012 National Survey of Australian law firms with more than 50 lawyers, pro bono representatives from law firms recently gathered in both Melbourne and Sydney to discuss the survey findings and to exchange wisdom about best practice.  The Melbourne function attracted 22 attendees from 19 firms, and the Sydney function attracted 30 attendees from 18 firms.

 Some of the issues raised included how firms vet requests from a person wanting to start a new charity, whether to charge fees for large charities in certain matters, what is the role of a pro bono committee within a firm, how to obtain fee relief as a new pro bono coordinator, the pros and cons of having specific areas of focus for a firm’s pro bono practice, and how to manage secondments.

 Thanks to Allens Linklaters for hosting these events.  A further event is being held in Brisbane at on Wednesday 13 March 2013.  If you wish to attend this event please email us.

 Corrs Chambers Westgarth has recently completed a very useful guide on the legal framework concerning Nepalese migrant workers.  This work was done for the Diplomacy Training Program (DTP) based at the law faculty at UNSW to support the DTP’s Nepal Project, with its focus on the human rights challenges of increased labour migration from Nepal.

The guide was used in February 2013 to assist advocates on the ground in Nepal to develop action plans for 2013 to address the many issues and challenges arising out of the hundreds of thousands of Nepalese migrant workers that leave the country each year.

Through advocacy and training sessions, the Nepal Project has been building the capacity of organisations struggling with the multiple human rights challenges caused by the migrant worker exodus.  Migrants go principally to Malaysia and to the Gulf States of the Middle East with the promise of jobs that will enable them to provide for themselves and their families.   They leave behind wives and husbands, sons and daughters and they arrive in destination countries burdened by debt and very vulnerable to abuse.  Amnesty International and Human Rights Watch have both issued compelling reports documenting the abuses and the DTP hope that through their program (supported by the Swiss government) they can assist advocates on the ground to make a difference.

The guide of 80 pages identifies all relevant Nepalese legislation, relevant international conventions and treaties including ILO treaties and conventions, treaties pertaining to migration, slavery and trafficking and foundational human rights instruments together with a case study from Thailand and the Philippines.  Much of the research was undertaken by 2012-2013 seasonal clerks at Corrs working with partner Andrew Korbel and special counsel Ruth Nocka and Michael do Rozario.

If you have a pro bono case study that you think others ought to know about by being featured in the National Pro Bono News please contact us.

With five eminent women from the NSW judiciary and the Family Court speaking on topics that include ‘A lawyer’s duty to the court’ and ‘Advocacy – a view from the Bench’, this will be another great event in the Salvos Legal Lecture Series.  The event is being held this coming Saturday 9 March in Sydney jointly presented by the National Pro Bono Resource Centre.

For further information and to register…

The Progressive Law Network are holding their “Legal (r)Evolution Conference” in Melbourne on Friday 15 March from 9 am – 4pm discussing issues of Gene Patenting, Corporate Environmental Responsibility and Building Grassroots Social Justice Programs.

For further information and to register…

The National CLCs Conference is being held in Cairns this year on 24-26 July.  Walk together, talk together – journey in journeys to healing and justice is the theme.  Abstracts for sessions close next Friday (15 March).

For further information and to submit abstracts online…

Check out Social Justice Opportunities for information on finding a job or volunteering in the social justice sector. The website includes a ‘Latest Opportunities‘ section which provides a list of current jobs and volunteering opportunities around the country. If you have an opportunity at your organisation that you would like advertised please contact us.

To keep abreast of all the latest opportunities you can follow @SJOpps on Twitter or like us on Facebook.

 Articles of interest to the pro bono community from February to March 2013. Click through to read any news article in full.

AUSTRALIA

PIAC Celebrates 30th Anniversary

28 February 2013 – Pro Bono Australia
The Public Interest Advocacy Centre celebrates its 30th anniversary this week with the launch of 30 years, 30 stories. PIAC chief executive, Edward Santow said. “30 years, 30 stories offers a snapshot of PIAC’s history and opens a window onto significant social and legal changes in Australia over the past three decades.”

Inquiry to look at court fee rises

28 February 2013 – The Age
An inquiry will be launched into the impact higher Federal Court fees have had on Australians’ access to justice over the past three years. The government most recently increased these fees in January, making a range of legal actions more expensive, including divorce applications and consent orders. The Senate unanimously passed Greens senator Penny Wright’s motion for an inquiry on Wednesday.

Empathy drives pro bono lawyer Kofi Osei

26 February 2013 – Brimbank Weekly
Sunshine lawyer Kofi Osei, a senior solicitor with Shine Lawyers and survivor of a military coup in Ghana, understands the law better than most and has a desire to protect Brimbank’s most vulnerable. “Some of our clients, particularly from the growing Indian, African, Burmese and Afghan communities in the western suburbs, are unaware of their rights in the workplace and that is very concerning to me.”

Legal Aid ‘needs $49m’ bailout

25 February 2013 – The Age
Cash-strapped Victoria Legal Aid would need $49 million to solve its funding crisis and has reached breaking point, lawyers say. Legal Aid drastically cut its eligibility guidelines last month ahead of a budget deficit expected to be more than $3.1 million this financial year. Law Institute of Victoria president Reynah Tang said discussions with Legal Aid had reached a stalemate.

Funds drought threatens future of NT Legal Aid

22 February 2013 – ABC News
The Northern Territory Bar Association says the justice system will grind to a halt if Legal Aid does not receive increased funding. The Legal Aid Commission says it can’t fulfill its statutory obligations because it is not getting enough money from the Territory government.

Tasmanian Magistrate slams legal aid policy on ex-inmates

22 February 2013 – The Examiner
A Tasmanian magistrate has criticised the Legal Aid Commission of Tasmania for guidelines that preclude former prisoners from receiving legal aid on driving charges, even if there’s a chance that person may go to prison. Magistrate Michael Daly asked for clarification on the commission’s policy in the Hobart Magistrates Court yesterday.

Funding crisis affects right to fair trial [paywall]

22 February 2013 – The Australian (opinion by Lizzie O’Shea, Maurice Blackburn)
The right to a fair trial is something most people take for granted. Rightly so, as it is a fundamental right associated with the proper functioning of the rule of law — namely that power is exercised according to law, not by whim or as a function of wealth or privilege.

Victorian legal aid funds row may spread [paywall]

22 February 2013 – Australian Financial Review
A storm is brewing in Victoria over legal aid funding that threatens to become a national issue. Two Victorian Supreme Court judges stayed separate criminal trials in the past week because of concerns about a lack of legal representation due to insufficient funding from Victoria Legal Aid. There are indications more trials could be similarly delayed.

NT Legal aid at risk, auditor-general finds

21 February 2013 – ABC Darwin
The Northern Territory Legal Aid Commission says it has been liquidating its assets in order to stay alive, after a funding arrangement with the previous Government has now been left by the wayside. The Territory auditor-general’s report, released today, says the Legal Aid Commission is not adequately funded by the Territory Government.

Legal aid workers in PJs protest

20 February 2013 – The Age
Lawyers and court workers among Victoria Legal Aid’s 600 staff would consider wearing unusual clothing as part of industrial action designed to embarrass the state government into paying them more. Included among 26 proposed actions being considered by members of the union covering Legal Aid workers is ”wearing irregular attire during work hours”.

Judge postpones trial as legal aid crisis deepens

20 February 2013 – Lawyers Weekly
The judge presiding over a murder trial in the Supreme Court has put it on hold, possibly indefinitely, following an urgent application by the Law Institute of Victoria (LIV) to test the decision not to fund a solicitor for the accused. On Monday (18 February), Justice Terry Forrest stayed the major trial – the second such Supreme Court stay granted in a week – after the LIV intervened.

Donations for charity ruled out

19 February 2013 – The Age
Supreme Court Justice John Dixon ruled on Tuesday that a magistrate had made a mistake in ordering a man to donate to a food van for the homeless. This was the first legal challenge to the long-standing practice – in which the court orders those guilty of minor crimes to donate to charity or distribute money to a charity via the court fund – since the law was introduced in 1991.

Govt Asked to Intervene in Legal Aid Funding Battle

19 February 2013 – Pro Bono Australia
The Victorian Government will be asked to intervene in a funding stoush between Victorian Legal Aid and an independent community legal service, the Mental Health Legal Centre. The Federation of Community Legal Centres had called for the immediate reversal of a decision by Victoria Legal Aid to cut more than $300,000 in funding for the Mental Health Legal Centre.

Legal aid problems not our fault: Premier

19 February 2013 – ABC News
Victorian Premier Ted Baillieu has blamed legal aid funding shortfalls on the Federal Government. Two Supreme Court judges have suspended serious criminal trials in the last week, amid concerns the accused would not receive a fair trial. Mr Baillieu says funding for legal aid is a joint arrangement and the shortfall is the Commonwealth’s fault.

Children under 10 could lose right to have a lawyer

17 February 2013 – The Age
The Baillieu government has sought to restrict some children from having legal representation in court, prompting a backlash from lawyers, youth workers and human rights advocates. New laws introduced into Parliament will limit the ability of some children under 10 from giving direct legal instructions during child protection proceedings.

Trial on hold over Legal Aid row

15 February 2013 – ABC News
A Supreme Court judge has put an attempted murder trial on hold because of cost cutting at Victoria Legal Aid. In an unusual move, Justice Lex Lasry has ruled the trial cannot go ahead until the man’s defence team gets a full-time solicitor. Victoria Legal Aid has restricted its funding for criminal trials to a barrister and an instructing solicitor for two half-days after recording a $3 million deficit last financial year.

INTERNATIONAL

 US: Commitment To Pro Bono Needs To Start At Top

4 March 2013 – Connecticut Law Tribune
It is beyond debate that a very large number of people need legal representation and are not able to pay for it. There are a host of initiatives trying to deal with this issue, but there is another way to solve the problem, and that is to start at the top of law firm hierarchies. Law firms and corporate legal departments need to understand and care about the problem. Many do already, but many do not.

US: PBI honors Bruce Kuhlik and Merck for commitment to pro bono

28 February 2013 – Pro Bono Institute
The Pro Bono Institute (PBI) has selected Bruce Kuhlik and the legal department of Merck & Co., Inc. as the winner of the 2013 Laurie D. Zelon Pro Bono Award for their outstanding commitment to pro bono service. The award will be presented at the PBI Annual Conference Reception on March 15.

US: Latham & Watkins, Pro Bono Institute provide overview of international pro bono landscape

26 February 2013 – Inside Counsel
The 2012 edition of Latham & Watkins’ Survey of Pro Bono Practices and Opportunities in Select Jurisdictions, conducted in conjunction with the Pro Bono Institute, provides an overview of the legal landscape in dozens of countries around the globe.

US: Court reporter offers innovative pro bono credit plan

18 February 2013 – Canadian Lawyer
Say It Forward, a pro bono program created by Neeson Court Reporting, will offer firms a financial perk for using Neeson’s services. Beginning Feb. 15, for every $20 spent on transcripts at Neeson Court Reporting, firms will be provided with a $1 “redemption of services” credit they can use towards transcript and ancillary services for pro bono matters.

CANADA: National pro bono network being weighed

26 February 2013 – Lawyers Weekly (Canada)
Federal Court Chief Justice Paul Crampton is exploring with the legal community the possibility of the profession creating a national network of pro bono duty counsel to assist the thousands of self-represented litigants flooding his court. The Chief Justice is reaching out to law firms, law schools, legal regulators, bar groups, and others, and inviting them to collaborate.

CANADA: No more money for legal aid in B.C. budget

20 February 2013 – Canadian Lawyer
The Canadian Bar Association’s British Columbia branch has hit out at the provincial government for its failure to increase financial support for the province’s legal aid system. According to budget documents, the Ministry of Justice will get a $28M boost in spending. However, most of the new money goes towards funding policing & security programs, while court services & legal services will see a small cut.

INDIA: Do more pro bono, Manmohan tells lawyers, BCI

21 February 2013 – Legally India
Prime minister Manmohan Singh addressed lawyers present at the Bar Council of India’s (BCI) centenary celebrations on 16 February in Delhi, urging them to take on more pro bono matters. Singh said “The National Legal Services Authority has formulated a number of schemes to provide ‘access to justice’ to the hitherto marginalized people. These include schemes for free legal aid to under-trial prisoners”

SINGAPORE: Successful pro bono cases in Singapore

18 February 2013 – Asia One News
Mr R. Thrumurgan was assigned by the Supreme Court’s Legal Assistance Scheme for Capital Offences (Lasco) to Ismil Kadar’s case on a pro bono basis in November 2005. Ismil and his brother Muhamad Kadar had been found guilty in the 2005 killing of Madam Tham Weng Kuen, 69, while robbing her at home. Mr Thrumurgan spent five years working on the case, which led to the acquittal in 2011.

UK: Legal aid cuts hit 60 advice jobs and ‘vulnerable’ in Wales

16 February 2013 – BBC News Wales
At least 60 jobs in the advice sector across Wales will be lost because of changes to Legal Aid, BBC Wales has learned. The changes mean thousands of people will no longer have access to free specialist advice for issues like debt and welfare benefits, family disputes and some housing problems.The UK government says the changes will save more than 400 million pounds a year.