BarTalk August 2003
Volume 15, Number 4

by Kelly Doyle

“Pro bono is the legal conscience in motion.” – June Callwood, at a recent Law Society of Upper Canada symposium.

Many members of the legal profession have given generously of their time to disadvantaged people with no expectation of compensation or reward. Such endeavours for the public good are rooted in the finest traditions of our profession. Those who have training and experience in the mysteries of the justice system make it understandable and accessible to those who would otherwise be denied access to justice. Justice becomes a meaningful reality rather than an unfulfilled desire.

The provision of pro bono services is not intended to evoke images of tired lawyers wearily doling out advice at the end of a busy day. Rather, it is more in the tradition of Angelo Branca, a former Chief Justice of B.C., who as a busy practitioner is reputed to have seen a procession of needy and indigent clients on Saturday mornings and applied his penetrating intellect and substantial abilities to their benefit. Indeed, author June Callwood at a recent Law Society of Upper Canada symposium on “Access to Justice for a New Century: The Way Forward” called pro bono the legal conscience in motion. It is an enlightened idealism: lawyers demonstrating empathy for the poor and disenfranchised and taking notice of another’s misery.

Many lawyers desire to give of their time but prefer to set some boundaries. Unlike Angelo Branca, they find it desirable to leave administration to another and to provide pro bono services through a pro bono delivery program such as the Salvation Army, Western Canada Society to Access Justice, Multiple Sclerosis Society of Canada or South Surrey/White Rock Women’s Place.

The Law Society of B.C. and the CBABC formed a society, Pro Bono Law of B.C., in 2002 with funding from the Law Foundation of B.C. The intent was to promote access to justice by facilitating and coordinating opportunities for B.C. lawyers to provide pro bono legal services to people of limited means and by supporting programs delivering pro bono services. Pro Bono Law of B.C. has in turn developed a document entitled “Best Practices Protocols for Pro Bono Delivery Programs in British Columbia.” “Best Practices” can be accessed online at www.probononet.bc.ca or by contacting Pat Pitsula, Executive Director of Pro Bono Law of B.C., at ppitsula@probononet.bc.ca.

The purpose of the document is to provide a set of best practices for pro bono delivery programs and for lawyers volunteering their services through a pro bono delivery program. The best practices include pro bono program principles, service delivery principles and client relations principles. Issues relating to program staff, program volunteers and relationships with other organizations are also reviewed.

“Best Practices” are intended to be informative and instructive and to build on the good work of existing delivery programs. They unlock the mysteries of pro bono delivery programs to members of the legal profession unfamiliar with such programs just as the goodwill and efforts of lawyers unlock the mysteries of the justice system to the disadvantaged. “Best Practices” are intended to be endorsed by pro bono delivery programs in connection with the enhanced insurance coverage available under the Law Society of B.C.’s policy for pro bono legal services. It is anticipated that lawyers providing advice through pro bono delivery programs will also be familiar with “Best Practices.” In recognition that the demand for pro bono legal services will regrettably always exceed the supply of lawyer volunteers, “Best Practices” encourage the development of active, cooperative and collaborative relationships with members of the bar and other delivery programs. This too is for the public good.

Kelly Doyle is a partner with Lawson Lundell, a director of Pro Bono Law of B.C. and a volunteer lawyer with the Salvation Army Pro Bono Lawyer Consultant Program.

This article was published in the August 2003 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.