After you have determined what areas of work your team are interested in supporting, their skills, and the resources available to you, the next step is to work out how you’re going to deliver pro bono legal advice. This will partly depend on the results of your survey of your team preferences – do they want to be involved with individuals or charities, and how do your lawyers want to carry out their work?
Access to justice – direct advice for individuals
Following changes to legal aid introduced by the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012, many areas of law were taken out of scope for legal aid. As a consequence, a large number of people facing legal problems will have neither the means to pay nor access to publicly funded legal advice through legal aid. This has significantly increased the demand for pro bono legal advice in the years since.
It is vital that legal aid is the first port of call where it remains available, to make the best use of pro bono resources and protect the best interests of the client. The Law Society has produced a legal aid guide for pro bono clinics.(https://www.lawsociety.org.uk/topics/pro-bono/legal-aid-for-pro-bono-clinics) Generally, it is not considered appropriate for pro bono lawyers to advise in an area of law that is within scope of legal aid and where the client’s means would make them eligible for a legal aid lawyer.
Opportunities for in-house lawyers to give direct advice to individuals may include:
• volunteering at existing pro bono legal advice clinics (also called projects or programmes) run by law centres and advice organisations (subject to regulatory compliance)
• working with a law centre or advice organisation to develop a new advice clinic or staff an existing clinic
• joining a clinic run by a law firm with which the in-house lawyers have a relationship
Traditionally, direct advice was provided through face-to-face clinics only. However, since the Covid-19 pandemic, there are more opportunities for remote or hybrid advice delivery, through video conference, calls and emails. Some projects also deliver solely written advice i.e. without a client interview, through letter or email correspondence only.
LawWorks supports a network of independent clinics across England and Wales , so it’s a good place to start finding out about opportunities for involvement. LawWorks also publishes the Pro Bono Clinics Manual (https://www.lawworks.org.uk/solicitors-and-volunteers/resources/clinic-resources/lawworks-pro-bono-clinics-manual)which provides practical help and advice for anyone interested in clinic development. The manual addresses some challenges with the clinic model, including:
• training solicitors with enough depth on a number of areas of law
• monitoring the quality of advice given
• ensuring proper supervision
• roster availability issues
• tracking impact
Clinics can either involve:
• one-off advice, where solicitors are presented with a question and will deliver advice there and then
• in a follow-up letter, but will have no further role
• end to end – working with the client until a resolution to their legal issue is reached
End-to-end casework may include opportunities for oral advocacy, subject to relevant rights of audience. Generally, end to end advice is considered to be more impactful, however it can be more time consuming as well.
Clinics might specialise in one or two areas of law only, for example, welfare benefits or housing.
They may be generalist and pick up a range of queries, which will generally be selected to ensure they are the appropriate level of complexity for the clinic structure and the expertise of the volunteer lawyer.
Typically, specialist expert solicitors at law centres or advice organisations train the group of solicitors on the agreed areas of law and provide comprehensive supervision for the work.
It is also common for the solicitors to act as volunteers of the law centre or advice organisation, rather than acting in their capacity as a solicitor at a firm or business. In practice this means that the advice organisation retains the client-attorney relationship with the individual, any written advice will be on their headed paper and the volunteer lawyers must ensure their advice is agreed with the supervising lawyer before it is delivered to the client.
The alternative model of direct representation sees the volunteer lawyers take instructions directly from the client, with the law centre operating as referrer and consultant support. In an in-house context, it is more likely that you would see this model when working in partnership with a law firm which directly represents the clients, with the in-house lawyers acting as volunteers of the firm.
LawWorks runs a 'secondary specialisation' (https://www.lawworks.org.uk/solicitors-and-volunteers/get-involved/secondary-specialisation)programme which supports and supervises in-house solicitors to undertake direct advice in areas of law which have included welfare benefits appeals, unpaid wages claims, and for parents and carers of children with life-limiting conditions. The LawWorks programme offers a chance for in-house solicitors to take on all aspects of clients' cases, including interviewing and advising, drafting submissions and undertaking advocacy in a tribunal. This work is all insured under a LawWorks policy.
If you are developing your own project with a law centre or advice organisation, or joining an existing project, you should review the LawWorks Clinics Manual (linked above) and consider asking these questions as you scope the work with the organisation:
• What are the areas of law that your centre/organisation focuses on? Can we choose one or maximum two areas to train our in-house legal team in?
• Is legal aid still available in this area of law? If it is, it may not be suitable for pro bono lawyers to volunteer in this area (see above).
• Are there any other funding sources that may be available to the individual for this type of work such as legal expenses insurance, trade union cover, conditional fee agreements and contingency fee agreements? Further details can be found in chapter 28 of the Law Society's Pro Bono Manual.(https://www.lawsociety.org.uk/topics/pro-bono/pro-bono-manual)
• How will the structure of the project work – will we actually take on clients as an organisation or will our lawyers act as volunteers of your organisation and you hold the client relationship?
• Who will hold the insurance for the work?
• How will we ensure proper supervision?
• How will the work be completed by the volunteer in-house legal teams – will they be meeting clients in person or do most of the work remotely by video, calls and emails?
• What arrangements will be made to ensure that there is an appropriate balance between the needs of the team’s clients within the organisation and those to whom the pro bono services are to be delivered?
Advice to charities/NGOs
By providing legal assistance to charities, voluntary organisations, social enterprises and other not-for-profit organisations on a pro bono basis, volunteer lawyers allow these organisations to focus their resources on their core objectives, rather than diverting them towards paying for legal services.
There is often a natural match between the skills of an in-house counsel and the legal needs of a charity or not-for-profit organisation, as they will face many of the same challenges as any corporate would in its day-to-day operations.
LawWorks runs a not-for-profit programme (https://www.lawworks.org.uk/solicitors-and-volunteers/get-involved/not-profits-programme)through which it connects small non-profits in need of advice with lawyers who can support them. LawWorks members will have access to this initiative and a regular stream of opportunities, including their Honorary Counsel (https://www.lawworks.org.uk/legal-advice-not-profits/free-legal-assistance/honorary-counsel-service)service.
In-house teams will need to consider many of the same questions before taking on these matters that are listed in the Access to Justice section above, and the Overcoming Barriers section of this guide.
Legal advice to social enterprises
It may also be possible to provide pro bono legal advice to social enterprises – organisations which are not charities but which have a primary social environmental or humanitarian purpose, which will generally be embedded in their constitutional objects and other organisations that need capacity-building to effectively deliver their market-based approach to solving social, environmental and humanitarian problems. The majority of the legal issues faced by these entities have a strong commercial focus and align neatly with the skills and expertise of commercial lawyers.
There are growing numbers of organisations that provide incubation and mentorship services to social enterprises, following sophisticated vetting procedures that take into account commercial viability and social impact. Along with offering legal advice on corporate governance, operational and management issues faced by social enterprises, there may be opportunities to provide assistance in the form of presentations and seminars on generic legal topics to enterprises during their start-up phase.
Many pro bono clearinghouses facilitate opportunities with social enterprises, as well as registered non-profits, including LawWorks, Trustlaw (https://www.trust.org/trustlaw/)and Advocates for International Development.(https://www.a4id.org/) UnLtd (https://www.unltd.org.uk/)is another organisation which provides holistic support to social enterprises and entrepreneurs, including legal support through pro bono partners.
Working with law firms
Many large law firms have their own dedicated pro bono lawyers responsible for developing their firm's pro bono practice and infrastructure. In the spirit of adding value to what they are able to offer, these law firms are often happy to support the development of their clients' in-house pro bono programmes, either through strategic guidance and/or collaborating on projects.
This has several advantages for the in-house team. Firms with mature pro bono offerings may already have projects which can be accessed by in-house lawyers, or may be connected with organisations through which they can source opportunities. They are also able to advise on questions around training, insurance, and communications. They may also be able to help fill any skills and capacity gaps to enable the in-house teams to participate.
In-house legal teams can also bring a different perspective to private practice solicitors. Working within the client they are more aware of the day-to-day challenges faced by businesses and the wider business context of legal issues faced.
Some questions a firm might ask you when you first approach them about collaboration include:
• What is your main objective?
• Do you have a theme you want to focus on?
• Do you have targets/incentives for your team?
• Do you prefer desk-based work or meeting clients?
• How far out of your legal comfort zone are you willing to go?
• Do you have senior sign-off/buy in?
• How much time do you want to give to the project?
• Do you have a budget for your pro bono practice?*
Don't worry if the answer to some of these questions is "I'm not sure" – one of the things they might help you with is working out how to answer these questions.
If an in-house team is relying on the partner law firm for PII for pro bono work, then the responsibility for the legal work sits with the law firm. Clear communication is needed at the start about how the project shall be run to ensure that this does not cause difficulties.
Many organisations look at the pro bono activities of law firms when deciding who to work with. This is also an opportunity to change behaviour by signalling during or after pitches or in conversations with these firms that you are interested in their pro bono practice and would like to know more.
* Many firms now allocate funding to their pro bono work, particularly for secondary specialisation initiatives to directly compensate the charity client for the time they spend training and supervising pro bono volunteers. In some cases, this funding is used to recruit supervisors especially for the purposes of the pro bono project. In-house lawyer involvement increases the need for supervision and training, and so may come with an additional cost to the charity. In-house teams should be aware of this cost and consider discussing mitigation of this cost with their law firm partners.
Case study
Several lawyers from a large financial institution worked with one of its panel law firms on a significant research project for one of the law firm’s major pro bono NGO clients. The project examined the state of fair trial rights across Europe and involved lawyers from across the European offices of both organisations. The project’s findings underpinned a major report released by the NGO as part of its campaign to improve compliance with international human rights standards by EU member states in the operation of their domestic criminal justice systems.
To date, the campaign has seen the introduction of three European Directives designed to improve criminal defendants’ rights. As a result of their involvement, the financial institution has gone on to develop their own pro bono relationship with the NGO.
Case study
A law firm worked alongside one of its strategic clients to advise one of its major UK pro bono clients on the development of specialist units in several mainstream schools for children with special educational needs.
This project deployed the wide-ranging expertise of lawyers in both organisations. By enabling children with severe learning difficulties to receive the dedicated support they require while remaining in mainstream schools, it stands to benefit large numbers of children for years to come.
On both matters, the law firm provided partner supervision of the work of both sets of lawyers and the law firm took responsibility for the work product.
Case study
The founder of a volunteer-based adult literacy programme needed legal assistance reviewing documents in order to roll out the programme nationally.
Pro bono help from a lawyer was brokered through LawWorks for Community Groups.
The applicant reported that “it would have been a long time before we could have afforded to pay for such advice … it would have been very difficult to move forward with confidence without the invaluable and detailed advice that we received”.
Case study
A local play association that enhances the lives of children in a deprived part of London through maintaining and promoting play spaces and opportunities received advice about its service contracts, brokered by LawWorks.
The association believes that it was saved from being forced out of existence because of the “absolutely first class”, diligent and thorough advice that it received.
Pro bono costs
If a civil case is won with pro bono help, pro bono costs can be ordered by the court, or included in settlements. Pro bono costs orders are essentially just like normal costs orders. The costs cover any period when free representation was provided, and the amount is based on what a paying client would recover.
The costs must be paid to the Access to Justice Foundation (ATJF) (section 194 of the Legal Services Act 2007). The ATJF, supported by a network of Local Legal Support Trusts and committees across the UK, gives grants for the provision of free legal advice and representation to vulnerable people who could not otherwise afford access to justice. Its guide on pro bono costs orders (https://www.atjf.org.uk/pro-bono-costs-orders.html)has more information, or you can email costs@atjf.org.uk.(mailto:costs@atjf.org.uk)
Other forms of legal charitable volunteering
Sitting on NGO Boards
Although not within the definition of “pro bono”, another way senior lawyers can gain a great deal of satisfaction, as well as the opportunity to network and develop their skills, is by sitting on the boards of NGOs. NGOs vary enormously, from small, local community organisations to complex international ones.
Corporate Directors and Officers (D&O) liability insurance policies may extend cover to in-house lawyers sitting on the boards of NGOs. Policies vary, so in-house lawyers should explore this with employers on a case-by-case basis.
NGO board positions are often advertised in the national press. Several organisations specialise in recruitment, for example:
• Bar in the Community
• Reach Volunteering
• CharityJob
• Trustees Unlimited
The Charity Commission has helpful guidance on what’s involved in sitting on a charity or NGO board.(https://www.gov.uk/topic/running-charity/trustee-role-board)
Case study
One trustee said of his role:
“I enjoy contributing to my local community through an organisation which, from my board role, I know understands local needs and delivers effective programmes. As a board member, I am involved in matters similar to those faced by many corporates, so taking a board role is also an excellent opportunity to grow one’s commercial awareness.”
Another said of his role chairing the board of a Law Centre:
“It is probably trite – but nonetheless true – to say that gaining an insight into the problems the least well-off face has put most of the stresses of my life into perspective. It is much more important that I hope I am being helpful to this organisation in the vital work that they do.”
Similarly, the School Governors One Stop Shop (http://www.sgoss.org.uk/)recruits volunteers to sit on school governing bodies across the UK.
Public legal education (PLE)
Although also not within the definition of 'pro bono', there is growing interest in PLE in the UK, both as a component of children’s education and as a resource for people involved in legal disputes who either cannot afford to pay for legal advice or who want to try and resolve the dispute themselves.
In an environment of decreasing access to legal aid and more individuals representing themselves in court, it is even more crucial that citizens understand their rights, responsibilities and what resources are available to them, as a basic part of their education.
Young Citizens (https://www.youngcitizens.org/)inspires young people to take part in society as equal members by helping them to understand the law, politics and democratic life. They run various public legal education programmes including both facilitated and individual volunteering projects in schools. Young Citizens can also connect legal professionals to public legal education volunteering opportunities through an online platform called Legal Experts in Schools.
LawWorks, Support Through Court,(https://www.supportthroughcourt.org/) Governors for Schools (https://governorsforschools.org.uk/)and Young Citizens (https://www.youngcitizens.org/)all do part of their work outside London, so may be of particular interest to those with UK regional offices.
LawWorks has guidance (https://www.lawworks.org.uk/solicitors-and-volunteers/get-involved/pro-bono-volunteering/retired-solicitors-and-pro-bono)for senior lawyers who are planning for a life after full-time practice.
Case study
For two years, lawyers from the in-house legal team at Prudential have worked alongside lawyers from one of their panel law firms to deliver Young Citizens’ Experts in Schools (https://www.youngcitizens.org/work-with-us/corporates/experts-in-schools/legal-experts-in-schools/)programme to pupils in a large secondary school in Tower Hamlets.
One of the lawyers involved in the volunteering commented: “It’s a great way to engage with young people on legal and ethical issues which impact on them, deepen their level of knowledge of the law and to encourage their thinking on topical legal issues.”
International pro bono
If your in-house legal team is interested in providing pro bono work for international causes, the following organisations provide a range of services to in-house legal teams and other legal professionals.
• Advocates for International Development (https://www.a4id.org/)(A4ID) – leading international charity that channels legal expertise globally toward the achievement of the UN Sustainable Development Goals.
• iProbono (https://i-probono.com/)– non-profit online network connecting lawyers and students directly with projects around the world in need of legal assistance.
• International Senior Lawyers Project (https://islp.org/)(ISLP) – provides in-country and desk-based projects to promote human rights, equitable and sustainable economic development and the rule of law worldwide, particularly in francophone and sub-saharan African jurisdictions.
• PILnet –(https://www.pilnet.org/) runs a range of services to support and promote the rule of law and protection of human rights, including pro bono clearing houses that link lawyers with NGOs and charities.
• TrustLaw (https://www.trust.org/trustlaw/)– largest pro bono network in the world – its projects include a Global Corporate Pro Bono Initiative dedicated to supporting the growth of corporate pro bono worldwide; and cross-border legal research designed to feed into and support NGOs’ advocacy and policy-based campaigns. TrustLaw has a Global Corporate Pro Bono Initiative that is dedicated to supporting the growth of corporate pro bono worldwide. Through this Initiative, TrustLaw can assist corporate legal departments to build and expand their global pro bono programmes, giving them access to high quality, high impact pro bono opportunities and helping them navigate regulatory, licensing and insurance challenges. For example, TrustLaw can help in-house teams identify pro bono best practices, forge partnerships with law firms, and navigate regulatory and licensing requirements that apply to their lawyers wherever they may be. Trustlaw also provides a suite of guides, resources, interactive tools and training, all designed to make it as easy as possible for legal departments and law firms to volunteer their time and expertise. These are available online here.(https://www.trust.org/trustlaw/resources/kits/?id=732a8695-420c-4fb6-829a-f2261bb5f604)
To become a legal member, please apply online here o(https://trustorg.secure.force.com/trustlawconnect/quiz)r email trustlaw@thomsonreuters.com.(mailto:trustlaw@thomsonreuters.com)
Wider sector collaboration
In House Pro Bono Group
Launched by a group of in-house practitioners, the In House Pro Bono Group (http://inhouseprobono.uk/)shares a collective belief that providing pro bono work is a professional responsibility for all lawyers.
Supported by a steering committee, the group aims to:
• foster a culture of commitment to pro bono
• promote and improve pro bono service and delivery
• share knowledge, best practice and resources to build and strengthen in-house pro bono practice
• connect in-house lawyers, charities and pro bono professionals through networking and communication
• collaborate to make the best use of its members’ unique skill set and training to benefit others
To sign up, email info@inhouseprobono.uk (mailto:info@inhouseprobono.uk)or visit the website.(http://inhouseprobono.uk/)
Join the group on LinkedIn (https://www.linkedin.com/company/in-house-pro-bono-group/)
GC100
GC100 (https://uk.practicallaw.thomsonreuters.com/Browse/Home/About/GC100?transitionType=Default&contextData=(sc.Default)&firstPage=true)is the voice of general counsel and company secretaries working in FTSE 100 companies.
GC100 appreciates and supports the significant contribution that pro bono legal services make to the furtherance of a just and equitable society in the UK and around the world.
The UK Collaborative Plan for Pro Bono
The UK Collaborative Plan for Pro Bono (http://probonoplan.uk/)is a profession-led initiative for law firms. Each of the participating law firms has a strong institutional commitment to pro bono and access to justice.
Participating law firms collaborate to:
• improve access to justice through pro bono in the UK
• develop the systems and infrastructure to allow pro bono services to be effectively delivered to address unmet legal need
The plan also incorporates an aspirational target of 25 pro bono hours on average per fee-earner in the UK each year.
Aggregated data is released publicly on an annual basis through an infographic. More detailed, anonymised, data is shared privately within the group.
The definition of pro bono used in the plan is the same as that used by TrustLaw in its global TrustLaw Index of Pro Bono.
LawWorks
LawWorks (https://www.lawworks.org.uk/#lawworks)is a charity committed to enabling access to justice through free legal advice. It believes in the power of pro bono legal advice to help improve the lives of people in need, and works to achieve this in two ways:
• enabling access to justice to individuals in need of advice, who are not eligible for legal aid and are without the means to pay for a lawyer
• brokering legal advice to small not-for-profit organisations to support the continuation and expansion of their services to people in need.
LawWorks supports and develops pro bono activity across England and Wales, using its experience and understanding to ensure pro bono efforts are targeted where they can be most effective and have the greatest impact. Its work is informed by the needs of people, developed in collaboration with partner stakeholders, and delivered by a network of committed volunteer lawyers and law students. A more recent focus for LawWorks has been developing online digital platforms and tools, including the Pro Bono Portal UK (supported by Justice Connect in Australia) and a website called ‘Free Legal Answers’.
LawWorks aims to gather and publicise evidence from across its networks about the legal advice requirements of people in need, including the impacts of legal aid reforms, and to advocate for positive change. It uses the evidence gathered to advocate for and influence change to policy and regulation that hinder the provision of free legal advice and assistance to people in need of it.