BarTalk December 2001
Volume 13, Number 6

For the public good

by Nancy Hannum

About 150 people met at the Pro Bono Forum 2001 in October to identify and discuss gaps in legal services and encourage lawyers to link with community groups by providing pro bono services. The Forum was sponsored by the CBABC and the Law Society of BC. Event organizers made it clear that pro bono services are not intended to relieve the government from its obligation to adequately fund legal aid.

Former Premier Michael Harcourt opened the event with a history of the early days of legal aid in BC. Lawyers, he said, were able early on to identify legal issues such as biases against poor people in administrative law, lack of standards in downtown hotels and to change the legal system. “The BC Bar led the way. This is the tradition.”

Judicial Views
Michael Harcourt was followed by the session “Views from the Bench,” during which members of the judiciary identified their concerns about the increase in self-litigants and the high cost of litigation. Some highlights from this session include:

Chief Justice Lance S.G. Finch and Chief Justice Donald Brenner both encouraged the bar to strengthen pro bono services and said that the court will help facilitate this.

Madam Justice Anne Rowles spoke about the many appeal cases dropped because litigants can’t afford transcripts, appeal books, etc. She also stressed the important role of Registry staff who provide significant assistance to self-litigants.

Mr. Justice Bryan Ralph identified efforts taken by the courts and the judiciary to assist self-litigants.

Judge Margaret Rae described the increase in middle class people who can’t afford legal services, provincial court initiatives to change rules of procedure, and case management to assist the public. Bev Hall, Executive Director of the Langley Community Law Office, was praised by Judge Rae for her commitment to involving the local bar in pro bono services.

The Beginnings of Pro Bono in the US
Perhaps the most compelling presentation (to this former American) was given by Esther Lardent, President of the Pro Bono Institute, Georgetown University, Washington DC. She spoke with great passion about the early beginnings of American pro bono services in the early 80’s. At that time, then-President Ronald Reagan was cutting the Legal Services Corporation and legal aid advocates were very worried that pro bono services would replace legal aid – but this never happened. Instead, as more members of the private bar began to work with the legal issues of poor people, they began to understand the critical role of legal aid.

Legal aid staff became the ‘heroes’ of the legal community and legal aid services gained advocates at the highest level of the American Bar Association. Lardent stressed that legal aid is the heart of the service to poor people and pro bono services work in collaboration with it.

Community Presentations
Representatives of various community organizations described the legal needs of their members and provided numerous models of existing pro bono services in BC.

Anne Beveridge, Legal Services Society Client Services Manager, described the services provided by the North Shore Community Services and Langley Legal Services. The Native Courtworkers, Mosaic, Battered Women Support Services, BC Coalition of People with Disabilities, and West End Seniors Network all invited the bar to work with them.

Joyce Preston, former Child, Youth and Family Advocate urged lawyers not to forget children and youth. She described the needs of self-represented litigants as: 1) straight information, sorting out the problem; 2) legal advice, and 3) legal representation.

Several other Canadian models of pro bono services were presented, including the very active Student Pro Bono Services Canada, Western Canadian Society to Access Justice, Salvation Army, and Calgary Legal Guidance.

New Pro Bono Web Site
CBABC President Carmen Overholt concluded the session with a preview of the new pro bono Web site that is intended to link lawyers with community groups.

The pro bono service will be run by an independent society and has a three year start up grant from the Law Foundation of BC. The Law Society will provide liability insurance for non-practising, government, and in-house counsel who volunteer at accredited agencies.

John Simpson, the Surrey LSS Regional Director is the organization’s representative on the CBA Pro Bono Committee. He stressed the need for co-ordination between LSS and the pro bono program, particularly regarding access to information on Web sites and appropriate referrals.

A report from this conference will be published; in the meantime, the LRC has a copy of the conference materials.

Nancy Hannum is the chief librarian and manager of the Legal Resource Centre at the Legal Services Society of BC. This article, which first appeared in the LSS News, October 25, 2001, is reprinted with permission from the Legal Services Society of BC.

This article was published in the December 2001 issue of BarTalk.