New Zealand Law Society - Guidance for lawyers undertaking pro bono work
The Law Society supports lawyers undertaking pro bono work and recognises the value that it contributes to Aotearoa, New Zealand.
Pro bono is a positive way to give back to your community and help those in need.
This guidance provides valuable information for lawyers who undertake pro bono work so that you can do so while also ensuring you meet your professional and regulatory obligations. We recommend you read this guidance and talk to your employer before agreeing to pro bono work.
Generally, law firms and organisations support their lawyers undertaking pro bono work. If you are not in practice on your own account, you can only undertake pro bono work through your employment by a law firm or lawyer in practice on own account, or as volunteers through a Community Law Centre or Citizens Advice Bureau. Employed or in-house lawyers cannot undertake pro bono work independently.
Pro bono refers to legal professional services that are provided free of charge for people or organisations who require legal advice or services, but either cannot afford legal services or does not qualify for legal aid.
Providing pro bono legal services is a rewarding way to:
Helping a pro bono client challenge his landlord showed senior solicitor Aneesha Dahya the personal impact of her legal skills.
Facilitated through the Framework for Collaborative Pro Bono, run by Te Ara Ture, the case involved direct contact with an individual client, rather than Luke Cunningham Clere’s (LCC) usual Government agency and public sector clients.
The tenant had initially succeeded in the Tenancy Tribunal and was awarded $5700 for breaches of Healthy Homes Standards. The landlord appealed the decision to the District Court, at which point LCC was able to step in, and Ms Dahya assigned to conduct the proceedings.
“The tenant had been having a really tough time dealing with the condition of the property and the property manager,” she says.
“It is easy for tenants to become disincentivised from standing up for themselves in these situations, because landlords and property managers often have a lot of power behind them. So, it was really nice to be involved in something like this, and to see how we could use our skills to help someone who might not otherwise have access to legal support.”
LCC advised the client on a possible cross‑appeal and represented him at a court teleconference. The landlord was ordered to pay the tenant under the Tribunal’s original decision. The appeal was ultimately discontinued by the landlord.
Pro bono partner at LCC Steve O’Connor says the case was the first the firm had taken under the Pro Bono Framework and presented an opportunity to put its offering into practice.
“We accepted it as a referral from another Framework law firm, Gilbert Walker, on the basis that it was something where we could readily involve solicitors and senior solicitors, and that, on its face, it appeared to present an immediate opportunity for our solicitors to engage their specialist litigation skill set."
“From the Framework’s perspective, the goal is greater access to justice. Here, that would not have happened without Framework participants cross-referring to each other."
Ms Dahya, who treated the case as she would any other, encourages other firms to get involved in Pro Bono work.
“We have a lot of expertise, and legal fees aren’t cheap. Often, people just need someone to clearly explain and articulate their position. We’re used to working with other (in-house) lawyers, so the way we communicated with the client was a bit different. But that kind of advice can make a real difference to an individual, and it’s a good reminder of the value of our skills."
“What is routine for us can make a world of difference to an individual.”
For Senior Solicitor Brooke Clifford, taking on a pro bono case allowed a single father and his two young children to stay in their home.
Ms Clifford, from the Simpson Grierson Wellington office successfully appealed a Tenancy Tribunal decision evicting the man from his tenancy on the basis that there were errors of fact and law in the original decision‑making process. A further appeal challenged the Tribunal’s refusal to grant a rehearing, arguing that procedural errors had not been properly addressed.
The case came to Simpson Grierson through the firm’s ongoing support of Community Law Centres Aotearoa (CCLA) which play a vital role in strengthening access to justice across Aotearoa New Zealand.
In this instance, the matter was referred by Te Ara Ture, a service within CLCA which connects lawyers with opportunities for pro bono work, and the Manawatū Community Law Centre.
Ms Clifford, who prepared written statements and appeared in district court on behalf of the tenant, relished the opportunity to make such a tangible difference in someone's life.
“As my role typically involves working with commercial clients, I really value the opportunity to be able to engage with members of the community on issues that are of real importance to their everyday lives.”
“Assisting pro bono clients to achieve positive outcomes is not only incredibly rewarding but also reminds me of the positive difference we, as lawyers, can have on individuals,” she says, adding it was nice to be able to support Community Law Centres outside of the main centres.
The outcome had a significant practical effect for the family involved. Had the eviction proceeded, the tenant would have faced serious difficulty securing appropriate housing at short notice.
Mo Shomade, solicitor at the Manawatū Community Law Centre, said Ms Clifford’s commitment to her client was commendable.
“It was clear she put in as much effort as one would expect in a fee-paying claim."
“The case also highlights the broader value of pro bono work not only in achieving positive outcomes for individuals, but in reinforcing the role lawyers play in supporting communities and upholding fairness within the justice system.”
Many lawyers volunteer their time and skill through Community Law Centres and the Citizens Advice Bureau.
Other options for undertaking pro bono work within the regulatory requirements include:
Te Ara Ture
Te Ara Ture is a service that connects people and organisations who need pro bono legal services with people and organisation who can provide legal services. The service was set up by Community Law Centres o Aotearoa and supported by the Law Society.
Find out about opportunities and register on the Te Ara Ture website.
Te Ara Ture also coordinates the Framework for Collaborative Pro Bono in Aotearoa. The Framework draws inspiration from successful international models, aiming to expand access to justice for those most in need. Participating law firms unite to advance a stronger pro bono culture across the motu, directing their efforts towards areas with the greatest unmet legal needs. This collective approach ensures that pro bono services are more effectively tailored to serve our communities.
Read about the Framework for Collaborative Pro Bono.
It is important to consider if the pro bono service you are providing is “legal work” under section 6 of the Lawyers and Conveyancers Act (‘LCA’). The professional and ethical obligations in the LCA and the LCA (Lawyers: Conduct and Client Care) Rules 2008 (RCCC) apply to pro bono work that is legal work.
Here’s what you need to know if you are providing pro bono legal services.
Below are some common situations in which lawyers provide invaluable support to the community by providing pro bono assistance. This assistance can be both legal (in which case regulatory requirements apply and will need to be considered) and non-legal (outside the regulatory framework). To avoid any confusion or concerns arising down the track, it’s important to understand what your role is and be clear about that with the people you are working with.
Many lawyers contribute their time and hold voluntary, governance or trustee roles such as on school boards or as a trustee for a charitable organisation.
Most of the pro bono work in these roles is not regulated services1 and therefore outside the regulatory framework. However, at times, it can fall into this category, and, if so, regulatory requirements and obligations apply. An example is a lawyer-trustee providing legal services for a trust as a volunteer.
When serving in a non-legal role, you need to take care to ensure everyone understands what your role is, its limits and that you are not providing legal advice. You can, however, provide your personal views and suggest where further information and legal advice can be sought.
Providing legal advice to friends and family is providing legal services to the public under the LCA. This means that the restrictions in the LCA relevant to in-house lawyers and employed lawyers will apply.
If asked for advice, you need to be clear that you are not providing legal advice but general information. You should then suggest ways for your friends or family to get legal support and assistance.
Even if you are able to provide legal advice within the regulatory requirements, it’s important to remember that a client can make a complaint even if no fee is charged and to consider the possible impact this could have on a personal relationship. Lawyers also have obligations to act independently and free from compromising influences which can be difficult when there is a friendship or family relationship involved. In the long run, it may be in everyone’s best interest to refer the friend or family member to another lawyer but to help as a support person.
International pro bono work can also provide a wealth of opportunities for lawyers seeking to volunteer their time and expertise.
Opportunities range from legal education and research to advice and advocacy. This work can include providing services remotely to clients based in other jurisdictions or ‘in-country’ volunteer roles, such as working for an NGO or government agency.
As with any pro bono legal work, it’s important for lawyers to ensure they have the right experience, skills and support to carry out the work, consistent with professional obligations.
This may include checking with the relevant jurisdiction about any regulatory requirements for the type of work undertaken and researching to ensure that the organisation the lawyer intends to support or work through is reputable.
International pro bono work opportunities can be found through organisations such as:
There are other private agencies in New Zealand that link travellers with volunteer opportunities overseas.
Our Professional Standards team are always available to provide information about LCA regulatory requirements and can be contacted through regulatory@lawsociety.org.nz.