Recognition of existing voluntary contribution key in pro bono discussion
Discussion on the place of legal pro bono work in New Zealand needs to be seen against the extraordinary voluntary contributions from New Zealand’s legal profession that are already occurring.
This is the opinion of New Zealand Law Society President Jonathan Temm. In an article on the Society’s my.lawsociety website, Mr Temm says the initiatives and inputs which are already in place mean New Zealand lawyers have much to be proud of.
Mr Temm says New Zealand’s legal profession makes a massive contribution of its expertise, time and labour in all parts of the community. He says the many lawyers who voluntarily participate in Law Society committees are also providing a crucial input to our legal system and all law reform.
“The New Zealand Law Society encourages all lawyers to provide pro bono services. This is reflective of the great tradition the profession has of being widely involved in providing voluntary services to New Zealand, its people and its institutions,” Mr Temm says.
He says it is clear that there will be ongoing discussion about whether benchmarks and minimum requirements should be set for pro bono work. Some New Zealand firms have already done this. In Australia and some other jurisdictions there are now minimum requirements.
“For example, Australia’s National Pro Bono Resource Centre now has an Australian law firm pro bono benchmark of at least 35 hours of pro bono work per lawyer per year.”
Mr Temm says the whole issue of pro bono work by New Zealand lawyers has been discussed frequently over the last year. In February, then-NZLS President John Marshall QC speaking at the first sitting in the new Supreme Court building made some very important points about the profession’s commitment to maintaining the rule of law.
“Mr Marshall pointed out that New Zealand lawyers have a rich tradition of carrying out pro bono work, and that this is a key element in ensuring access to justice. At the time, he noted that many lawyers make major contributions to the community by providing free legal advice to charitable and community groups. Even in the legal aid arena, many lawyers undertake this difficult and stressful work in part, based on the idea of helping others in need.
“He pointed to the work lawyers do as members of school boards of trustees, in voluntary societies and in other parts of the community. There is also the free advice lawyers provide to community law centres and citizens advice bureaux around New Zealand.
“Larger law firms have developed pro bono and community programmes. These aren’t always that well known in the wider community, but it is clear that thousands of individuals and charities benefit from the commitment of these firms and their lawyers.”
Mr Temm says New Zealand Attorney-General Christopher Finlayson has been closely involved in the pro bono discussion. In November 2009 he joined the attorneys-general of Australia, Canada, England, Northern Ireland, Wales and the United States in signing a joint declaration on the importance of promoting pro bono work.
“Mr Finlayson also responded favourably to John Marshall’s suggestion that law firms carrying out government contracts should be required to offer free legal services to approved groups or causes. This sparked some interesting discussion and it is hard to deny the logic of contractual preference for firms which demonstrate a clear commitment to the community,” Mr Temm says.
Mr Temm says while it is being asked whether New Zealand should follow some other countries and look at mandatory pro bono work, it is important to ask if New Zealand really needs to do this.
“A compulsory pro bono regime takes away the altruism which drives the current commitment by the members of our profession. Will people stop once they’ve attained their ‘quota’? If lawyers were required to complete pro bono work, would that result in some ‘good’ organisations benefiting in preference to others which might be ignored?”
He says it is important that discussion continues on the place of pro bono work and how it can be maintained or increased. This discussion needs to proceed from a realisation that New Zealand’s legal profession is already achieving much in its commitment and close involvement right across the community.